Disputed change order. If the Contractor has requested the Customer to issue a change order pursuant to clause 3.7, the Customer shall, within a reasonable period of time, issue a change order pursuant to clause 3.3, or issue a written waiver of the request. If the Customer deems the work to form part of the deliverables, it shall be explicitly stated that the change order is disputed (disputed change order). The change order shall include an explanation as to why the Customer deems the change order to be disputed. Even if the change order is disputed, the Contractor shall perform what has been ordered in return for the Customer paying a provisional consideration corresponding to half of the amount to which the Contractor believes it is entitled. If the Contractor does not demand a decision concerning the disputed change pursuant to clause 3.9 of the Agreement within three (3) months after the consideration has been paid, or if the work is deemed to fall within the scope of the Agreement, the provisional consideration shall be set off against the consideration due upon the next payment milestone. If the work is deemed to be a change, the fixed consideration for the change, adjusted for the provisional consideration, shall be incorporated into the ordinary payment plan. The Contractor may contest the duty to perform the work by requesting a ruling from an independent expert or mediator or institute legal proceedings or submit the dispute for arbitration in order to have its claim resolved with final effect, cf. chapter 16. Such a request must be submitted without undue delay after the Customer has provided notice that the change is disputed. The Contractor shall bear the risk associated with any delays that may occur due to the postponement of the work, if it is determined that the work falls within the scope of the Agreement.
Disputed change order. If the Contractor has demanded that the Customer send a change order pursuant to clause 3.2, the Customer shall within a reasonable period of time issue a change order pursuant to clause 3.2, or in writing waive the claim. If the Customer considers that the work is part of the operating service, it must be expressly stated that the change order is disputed (disputed change order). The change order shall contain a reason for why the Customer considers that the change order is disputed. Even if the change order is disputed, the Contractor has a duty to perform what is imposed against the Customer paying a preliminary consideration equivalent to half of the amount the Contractor thinks he is entitled to. If the Contractor does not require a decision of the disputed amendment pursuant to clause 3.5 within 3 (three) months after the consideration has been paid or if the work is deemed to be within the contract, the provisional consideration shall be offset against the next payment. If the work is considered a change, the fixed compensation for the change, adjusted for the preliminary consideration, shall be incorporated into the ordinary payment plan. The Contractor may contest the duty to perform the work by requiring a decision by an independent expert or mediator or raise a lawsuit or bring the dispute in for arbitration to make his claim final. Such claims must be granted without undue delay as a result of the work being postponed if it is stipulated that the work is covered by the contract. The exception in this section does not apply to work related to services that affect life and health or the provision of community-critical services.
Disputed change order. If the Contractor has requested the Customer to issue a change order pursuant to Clause 3.7, the Customer shall, within a reasonable period of time, issue a change order pursuant to Clause 3.3, or issue a written waiver of the request. If the Customer deems the work to form part of the deliverables, it shall be explicitly stated that the change order is disputed (disputed change order). The change order shall include an explanation as to why the Customer deems the change order to be disputed. Although the change order is disputed, the Contractor shall be obliged to perform the work ordered, provided that security is provided by the Customer. The requirement for the providing of security shall not apply if the Customer is a Norwegian public body.
Disputed change order. Within six (6) months of receiving the dispute to the request for a Change Order , the Supplier shall either a) request a ruling from an independent expert or mediator, b) institute legal proceedings, or c) submit the dispute for arbitration in order to have its claim resolved with final effect. If the Supplier fails to do so, the work shall be deemed to fall within the scope of the Supplier’s duties under the MSA.
