Disputed Changes. 12.3.1 If Owner (having consulted with the Independent Engineer in the case of a Material Change) disagrees in any way with any proposal of Contractor under Section 12.2, Owner may issue a Change Order to Contractor changing the Work and/or Project Schedule, which Change Order is executed solely by Owner, and Contractor shall be entitled to payment as set forth in Section 12.2.5 and the impact to the Target Price and/or the Project Schedule, as applicable, shall be resolved pursuant to the dispute resolution procedures set forth in Article 36.
12.3.2 Any Change Order executed solely by Owner shall be accompanied by the Contractor’s proposal marked to show Owner’s modifications thereto and shall order Contractor to implement the change in accordance with the proposal as modified by Owner.
Disputed Changes. If Contractor should dispute a decision by Princeton University as to whether a change has occurred or whether, or to what extent, a change in the Work will result in a change in the Contract Price, the Contract Time or the Project Schedule, then Contractor shall, if directed by Princeton University in a Disputed Change Order or other written directive, nevertheless perform such work pursuant to Clause H5; provided that the performance of the work shall not prejudice any claim that Contractor may have with respect to such work, so long as Contractor has given Princeton University timely notice of such claim pursuant to Clause H3, and so long as Contractor maintains the records required under Clause H5 and paragraph (g) below.
Disputed Changes. DCAMM and CONTRACTOR shall negotiate in good faith an agreement on an equitable adjustment in the Total Contract Value, and/or time if appropriate. In the absence of an agreement for an equitable adjustment, DCAMM shall unilaterally determine the costs attributable to the requested Change Order and provide CONTRACTOR with a written notice to that effect. CONTRACTOR may dispute such cost determination in accordance with Section 52: Dispute Resolution and have the right to such further appeal as is provided in M.G.L. c.30, § 39Q only after exhausting the remedies provided for in Section 52: Dispute Resolution. If the CONTRACTOR shall exercise its rights to appeal the decision of DCAMM as aforesaid, the CONTRACTOR shall be required to engage in the mandatory mediation procedures set forth in Section 50: Default of this Contract.
Disputed Changes. In the event that Purchaser has directed Seller to make an Essential Change pursuant to Article 6.4 or a Non-essential Change pursuant to Article 6.5 and the parties are unable to agree on the price and other Essential Terms of such change within thirty (30) days, the matter shall be settled in accordance with Article 20.8 of this Agreement and the work on such Non-essential Change shall proceed during the pendency of the proceedings pursuant to Article 20.8, except as otherwise provided herein.
Disputed Changes. 10.6.1. Regardless of any dispute or disagreement between the Contractor and the District or the Architect regarding the characterization of any item as a Change to the Work or as to the appropriate adjustment of the Guaranteed Maximum Price or the Contract Time on account thereof, the Contractor shall promptly commence and proceed diligently with the Change upon receipt of written authorization from District, in which case the dispute shall be subject to resolution in accordance with the claims procedures set forth in the Contract Documents.
10.6.2. In no event shall Contractor be entitled to stop the Work, or refuse to perform any Work required due to Changes in the Work, based upon a dispute between Contractor and the District regarding the amount to be paid to Contractor for any Change in the Work or the Adjustment of Time to be provided to account for such change.
Disputed Changes. If Contractor should dispute a decision by Princeton University as to whether a change has occurred or whether, or to what extent, a change in the Work will result in a change in the Contract Price, the Contract Time or the Project Schedule, then Contractor shall, if directed by Princeton University in a Disputed Change Order or other written directive, nevertheless perform such work pursuant to Clause H5; provided that the performance of the work shall not prejudice any claim that Contractor may have with respect to such work, so long as Contractor has given Princeton University timely notice of such claim pursuant to Clause H3, and so long as Contractor maintains the records required under Clause H5 and paragraph (g) below. Such records shall be maintained for the sole purpose of documenting the performance of the work and shall not be determinative of the amount of such change, if a change occurred, unless and until the parties agree that a change has occurred and that the change is to be performed on a time and material basis.
Disputed Changes. CUSTOMER and CONTRACTOR shall negotiate in good faith an agreement on an equitable adjustment in the Total Contract Value, and/or time if appropriate. In the absence of an agreement for an equitable adjustment, CUSTOMER shall unilaterally determine the costs attributable to the requested Change Order and provide CONTRACTOR with a written notice to that effect. CONTRACTOR may dispute such cost determination in accordance with Section 43 and have the right to such further appeal as is provided in M.G.L. c.30, § 39Q only after exhausting the remedies provided for in Section 43. If the CONTRACTOR shall exercise its rights to appeal the decision of CUSTOMER as aforesaid, the CONTRACTOR shall be required to engage in the mandatory mediation procedures set forth in Section 41 of this Contract.
Disputed Changes. In the event of any dispute or disagreement between the Contractor and the District regarding the characterization of any item as a Change to the Work or as to the appropriate adjustment of the Contract Sum or the Contract Time on account thereof, the Contractor shall promptly proceed with the performance of such item of the Work, subject to a subsequent resolution of such dispute or disagreement in accordance with the terms of the Contract Documents. The Contractor's failure or refusal to so proceed with such Work may be deemed to be Contractor's default of a material obligation of the Contractor under the Contract Documents.
Disputed Changes. 7.4.1 In the case of disputed Change Order Work, the parties agree to resolve said dispute in the following manner If Fluor believes that it has been directed to perform work that is outside the scope of its Contract Work it shall notify the Owner's Representative in writing that the work in question is outside the scope of its Contract Work. Fluor, as soon as practicable but no later than thirty (30) days after the notice, shall prepare and submit a Rough Order of Magnitude (ROM) to the Owner's Representative. The ROM shall consist of a detailed estimate of Owner's maximum exposure for the work in question. Upon receipt of Fluor's ROM, the Owner's Representative shall assign a Pending Item Claim (PIC) number to the work in question and shall issue Fluor a notice to proceed. Fluor shall proceed to perform the work in question on a time and material basis. Using the PIC number to identify the work in question, Fluor shall account for the time and material costs in its monthly payment requisition. Fluor shall requisition costs incurred in connection with such PIC on a monthly basis. Owner shall be obligated to pay Fluor one hundred percent (100%) of the ROM, for Reimbursable Costs that are provided for in Article 7 of the Agreement. If the parties are unable to resolve either the scope or the price of the work in question within thirty (30) days after the Owner Representative issued the PIC number, the dispute shall be settled in accordance with the provisions set forth in Section 4.3
Disputed Changes. 9.9 Emergencies.
