Common use of Determination of Cost Clause in Contracts

Determination of Cost. 9.3.1 An increase or decrease in the GMP or the date of Substantial Completion or date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 unit prices set forth in this Agreement or as subsequently agreed; or 9.3.1.2 a mutually accepted, itemized lump sum with the increase or decrease in the GMP or the Cost of the Work properly itemized and supported by sufficient substantiating data to permit evaluation. If an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 above, and the Owner issues an Interim Directed Change, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and savings realized in the performance of the Work resulting from the Change. The Construction Manager shall maintain a documented, itemized accounting evidencing the expenses and savings. 9.3.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction Manager, such unit prices shall be equitably adjusted. 9.3.3 If the Owner and the Construction Manager disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretations. 9.3.4 If the Owner issues a written order for the Construction Manager to proceed, the Construction Manager shall perform the disputed work and the Owner shall pay the Construction Manager amounts not in dispute. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction Manager's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.

Determination of Cost. 9.3.1 An increase or decrease in the GMP or the date Date of Substantial Completion or date Date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 unit prices set forth in this Agreement or as subsequently agreed; or; 9.3.1.2 a mutually accepted, itemized lump sum with the increase or decrease in the GMP or the Cost of the Work properly itemized and supported by sufficient substantiating data to permit evaluation. ; If an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 .1 and 9.3.1.2 .2 above, and the Owner issues an Interim Directed Change, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and savings realized in the performance of the Work resulting from the Change. The Construction Manager shall maintain a documented, itemized accounting evidencing the expenses and savings. 9.3.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction Manager, such unit prices shall be equitably adjusted. 9.3.3 If the Owner and the Construction Manager disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretations. 9.3.4 If the Owner issues a written order for the Construction Manager to proceed, the Construction Manager shall perform the disputed work and the Owner shall pay the Construction Manager amounts not in dispute. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction Manager's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.

Determination of Cost. 9.3.1 An increase or decrease in the GMP or the date Date of Substantial Completion or date Date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 unit prices set forth in this Agreement or as subsequently agreed; or; 9.3.1.2 a mutually accepted, itemized lump sum with the increase or decrease in the GMP or the Cost of the Work properly itemized and supported by sufficient substantiating data to permit evaluation. If sum; or 9.3.1.3 if an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 above, and the Owner issues an Interim Directed Change, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and savings realized in the performance of the Work resulting from the Change. The Construction Manager shall maintain a documented, itemized accounting evidencing the expenses and savings..1 through 9.3.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction Manager, such unit prices shall be equitably adjusted. 9.3.3 9.3.1.1 If the Owner and the Construction Manager disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretationsinterpretationsunit prices set forth in this Agreement or as subsequently agreed; 9.3.1.2 a mutually accepted, itemized lump sum; 9.3.1.3 Cost of the Work as defined by ARTICLE 8 and determined as a net savings from the change in the work; plus [ ]% for Overhead and [ _]% for profit. Construction Manager's Overhead and profit shall be added to any net increase in GMP. No Overhead and profit shall be applied to any net decrease in the GMP that is less than ten percent (10%). Overhead and profit shall be applied to any net decrease of the GMP that is ten percent (10%) or more. 9.3.4 9.3.1.4 If there is a net increase in the Owner issues GMP, Construction Manager's Fee shall be adjusted accordingly. In case of a written order for net decrease in the GMP, Construction Manager to proceed, Manager's Fee shall not be adjusted unless ten percent (10%) or more of the Project is deleted. Construction Manager shall perform maintain a documented, itemized accounting evidencing the disputed work expenses and the Owner shall pay the Construction Manager amounts not in dispute. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction Manager's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Worksavings.

Determination of Cost. 9.3.1 20.4.1 An increase or decrease in the GMP PTCE or the date Date of Substantial Completion or date Date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 20.4.1.1 unit prices set forth in this Agreement or as subsequently agreed; or; 9.3.1.2 20.4.1.2 a mutually accepted, itemized lump sum; 20.4.1.3 costs calculated on a basis agreed upon by the Owner and Constructor plus a Fee (either a lump sum with the increase or decrease in the GMP or the Cost a fee based on a percentage of the Work properly itemized and supported by sufficient substantiating data cost) to permit evaluation. If which they agree; or 20.4.1.4 if an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 Subparagraphs .1 though .3 above, and the Owner issues an Interim Directed Change, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and savings realized in of the performance of the Work resulting from the Changechange. If there is a net increase in the PTCE, the Constructor's Fee shall be adjusted accordingly. In case of a net decrease in the PTCE, the Constructor's Fee shall not be adjusted unless ten percent (10%) or more of the Project is deleted. The Construction Manager Constructor shall maintain a documented, itemized accounting evidencing the expenses and savings. 9.3.2 20.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction ManagerConstructor, such unit prices shall be equitably adjusted. 9.3.3 20.4.3 If the Owner and the Construction Manager Constructor disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager Constructor shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretations. 9.3.4 20.4.4 If the Owner issues a written order for the Construction Manager Constructor to proceed, the Construction Manager Constructor shall perform the disputed work and the Owner shall pay the Construction Manager amounts not in disputeConstructor fifty percent (50%) of Constructor's estimated cost to perform the work. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction ManagerConstructor's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.

Determination of Cost. 9.3.1 9.5.1 An increase or decrease in the GMP or estimated Cost of the date of Substantial Completion or date of Final Completion Work resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 9.5.1.1 unit prices set forth in this Agreement or as subsequently agreed; or; 9.3.1.2 9.5.1.2 a mutually accepted, itemized lump sum with the increase or decrease sum; 9.5.1.3 costs determined as defined in the GMP or the Cost of the Work properly itemized §7.2 and supported by sufficient substantiating data to permit evaluation. ARTICLE 8 and a mutually acceptable Design- Builder’s Fee as determined in §7.4.1; or 9.5.2 If an increase or decrease in GMP or Contract Time cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 §9.5.1 above, and the Owner issues an Interim Directed ChangeDirective, the cost of the change in the Work shall be determined by the reasonable actual Cost of the Work expense incurred and savings as defined in ARTICLE 8 realized in the 4.1. In case of a net decrease in the performance GMP, Design- Builder’s Fee shall not be adjusted unless ten percent (10%) or more of the Work resulting from the ChangeProject is deleted. The Construction Manager Design-Builder shall maintain a documented, itemized accounting evidencing the Cost of Work expenses and savings. 9.3.2 9.5.3 If unit prices are set forth indicated in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction ManagerDesign-Builder, such unit prices shall be equitably adjusted. 9.3.3 9.5.4 If the Owner and the Construction Manager Design-Builder disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager Design-Builder shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's ’s interpretations. 9.3.4 . If the Owner issues a written order for the Construction Manager Design-Builder to proceed, the Construction Manager Design-Builder shall perform the disputed work and the Owner shall pay Design-Builder fifty percent (50%) of its actual, direct cost to perform the Construction Manager amounts not in disputework. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's ’s payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction Manager's Design-Builder’s receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.

Determination of Cost. 9.3.1 An increase or decrease in the GMP or the date Date of Substantial Completion or date Date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 unit prices set forth in this Agreement or as subsequently agreed; or; 9.3.1.2 a mutually accepted, itemized lump sum with sum; 9.3.1.3 costs calculated on a basis agreed upon by the increase or decrease in the GMP or the Cost of the Work properly itemized Owner and supported by sufficient substantiating data to permit evaluation. If Construction Manager plus [ ] three percent ([ ]%) (3%) overhead and [ _] included percent ([ _]%) (included%) profit; or 9.3.1.4 if an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 .1 through .3 above, and the Owner issues an Interim Directed Change, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and savings realized in the performance of the Work resulting from the Changechange. If there is a net increase in the GMP, the Construction Manager's Fee shall be adjusted accordingly. In case of a net decrease in the GMP, the Construction Manager's Fee shall not be adjusted unless ten percent (10%) or more of the Project is deleted. The Construction Manager shall maintain a documented, itemized accounting evidencing the expenses and savings. 9.3.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction Manager, such unit prices shall be equitably adjusted. 9.3.3 If the Owner and the Construction Manager disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretations. 9.3.4 If the Owner issues a written order for the Construction Manager to proceed, the Construction Manager shall perform the disputed work and the Owner shall pay the Construction Manager amounts not in disputefifty percent (50%) of its estimated cost to perform the work. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction Manager's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.

Determination of Cost. 9.3.1 7.7.1 An increase or decrease in the GMP or the date of Substantial Completion or date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods: 9.3.1.1 unit 7.7.1.1 Unit prices set forth in this Agreement the Contract Documents or as subsequently agreed; 7.7.1.2 A mutually agreed upon lump sum; 7.7.1.3 Cost to be determined in a manner agreed upon by the parties, including General Conditions Costs and with a maximum percentage of percent ( %) for overhead and profit from all parties performing work on each Work Change Directive or Work Change Order; or 9.3.1.2 a mutually accepted, itemized lump sum with the increase or decrease in the GMP or the Cost of the Work properly itemized and supported by sufficient substantiating data to permit evaluation. 7.7.1.4 If an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 Sections 7.7.1.1 through 7.7.1.3 above, and the Owner issues an Interim Directed Changea work change directive, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and or savings realized in of the performance of the Work resulting from the Changechange, plus a reasonable maximum percentage of percent ( %) for overhead and profit. The Construction Manager Design/Builder shall maintain a documented, itemized accounting evidencing the expenses and savings, including General Conditions Costs. 9.3.2 7.7.2 If unit prices are set forth Owner and Design/Builder disagree upon whether Design/Builder is entitled to be paid for Work required by Owner, or in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity event of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction Manager, such unit prices shall be equitably adjusted. 9.3.3 If the Owner and the Construction Manager disagree as to whether work required by the Owner is within any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design/Builder agree to negotiate in good faith to resolve the Construction Manager issue amicably. As part of the negotiation process, Design/Builder shall furnish the Owner with an a good faith estimate of the costs to perform the disputed work Work in accordance with the Owner's ’s interpretations. 9.3.4 . If the parties are unable to agree, and Owner issues a written order for wants Design/Builder to perform the Construction Manager to proceeddisputed Work in accordance with Owner’s interpretations, the Construction Manager Design/Builder shall perform the disputed work Work, conditioned upon Owner’s issuing a written order to Design/Builder directing Design/Builder to proceed and specifying Owner’s interpretation of the Owner shall pay the Construction Manager amounts not in disputeWork that is to be performed. In such event, both Parties reserve their rights as Design/Builder shall be entitled to whether the work was within the scope submit an Application for Payment for an amount equal to fifty percent (50%) of Design/Builder’s estimated cost to perform the Work. The Owner's , and Owner agrees to pay such amount, with the express understanding that (a) such payment by Owner does not prejudice its Owner’s right to be reimbursed should argue that it be determined that the disputed work was within the scope of the has no responsibility to pay for such Work. The Construction Manager's , and (b) receipt of such payment by Design/Builder does not prejudice Design/Builder’s right to seek full payment, including interest, for the disputed work does not prejudice its right Work in the event Owner’s order is deemed to receive full payment for be a change to the disputed work should it be determined that Work when Design/Builder makes a claim pursuant to the disputed work is not within the scope of the Workdispute resolution process.