Common use of DISPUTES REGARDING CHANGES Clause in Contracts

DISPUTES REGARDING CHANGES. 9.7.1 Regardless if there is a dispute (i) that a change has occurred; (ii) whether a change in the Work will result in adjustment of compensation or applicable schedules; or (iii) as to the amount of any adjustment of compensation or applicable schedules, the change shall be carried out if the Owner so directs. No claim shall be prejudiced by performance of the Work so long as the Owner is notified of the claim in writing prior to performance of the Work which is the subject of the dispute and the party disputing the decision of the Owner recites the reasons for its dispute in the written notice. Failure to notify the Owner in writing shall constitute a waiver of any claim resulting from the change. 9.7.2 In the event a change order request is approved by the Owner in the absence of an agreement as to cost, time, or both, the appropriate Professional will (i) receive and maintain all documentation pertaining thereto; (ii) examine such documentation on the Owner's behalf; (iii) take such other action as may be reasonably necessary or as the Owner may request; and (iv) make a written recommendation to the Owner concerning any appropriate adjustment in the Construction Price or time. 9.7.3 A Construction Change Directive is a written order prepared by the Professional and signed by the Owner and the Professional, directing a change in the Work prior to agreement on any change in the contract price, time or both. The issuance of a Construction Change Directive does not invalidate the Contract for Construction Management. A Construction Change Directive shall be used in the absence of agreement on the terms of a Change Order. If the Directive provides for a change in the contract price, the adjustment shall be based on one of the following: (i) Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (ii) Unit prices stated in the Contract Documents or subsequently agreed upon; (iii) Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (iv) As set forth below. 9.7.4 The Construction Manager shall promptly proceed with the Work upon receipt of a Construction Change Directive, and shall immediately advise the Professional of any disagreement with the method of compensation set forth in the Directive. 9.7.5 The Construction Manager shall sign the Construction Change Directive if the Construction Manager agrees with the adjustment in the time or contract price. Upon signature, the Change Order Directive shall be effective as a Change Order. 9.7.6 If the Construction Manager does not respond promptly or disagrees with the method of adjustment, the method of adjustment shall be determined by the Professional on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, include a reasonable allowance for overhead and profit on increases in scope. In such case, the Construction Manager shall keep and present to the Professional an itemized accounting together with appropriate supporting data. Unless otherwise specified herein, costs shall be limited to: (i) Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and worker’s compensation insurance directly attributable to the change; (ii) Costs of materials, supplies and equipment, including the cost of transportation, whether incorporated or consumed directly attributable to the change; (iii) Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Construction Manager or others directly attributable to the change; (iv) Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work directly attributable to the change; and (v) Additional costs of supervision and field office personnel directly attributable to the change. 9.7.7 The amount of credit to be allowed by the Construction Manager to the Owner for a deletion or change which results in a net decrease in the contract price shall be the actual net cost as confirmed by the Professional. When there are both increases and decreases in the Work, the allowance for overhead and profit shall be figured on the basis of net increase, if any, of the change. 9.7.8 Pending final determination of the total cost of the Change Directive, amounts not in dispute shall be included in future invoices for payment, accompanied by the Change Order. For costs in dispute, the Professional shall make an interim determination for purposes of monthly certification for payment for those costs. Either party may then submit a claim according to other provisions contained herein.

DISPUTES REGARDING CHANGES. 9.7.1 Regardless if there is a dispute (i) that a change has occurred; (ii) whether a change in the Work will result in adjustment of compensation or applicable schedules; or (iii) as to the amount of any adjustment of compensation or applicable schedules, the change shall be carried out if the Owner so directsissues a Construction Change Directive. No claim shall be prejudiced by performance of the Work so long as the Owner is notified of the claim in writing prior to performance of the Work which is the subject of the dispute and the party disputing the decision of the Owner recites the reasons for its dispute in the written notice. Failure to notify the Owner in writing shall constitute a waiver of any claim resulting from the change. 9.7.2 In the event a change order request is approved by the Owner in the absence of an agreement as to cost, time, or both, the appropriate Professional will (i) receive and maintain all documentation pertaining thereto; (ii) examine such documentation on the Owner's behalf; (iii) take such other action as may be reasonably necessary or as the Owner may request; and (iv) make a written recommendation to the Owner concerning any appropriate adjustment in the Construction Price or time. 9.7.3 A Construction Change Directive is a written order prepared by the Professional and signed by the Owner and the Professional, directing a change in the Work prior to agreement on any change in the contract price, time or both. The issuance of a Construction Change Directive does not invalidate the Contract for Construction ManagementConstruction. A Construction Change Directive shall be used in the absence of agreement on the terms of a Change Order. If the Directive provides for a change in the contract price, the adjustment shall be based on one of the following: (i) Mutual mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (ii) Unit unit prices stated in the Contract Documents or subsequently agreed upon; (iii) Cost cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (iv) As as set forth below. 9.7.4 The Construction Manager General Contractor shall promptly proceed with the Work upon receipt of a Construction Change Directive, and shall immediately advise the Professional of any disagreement with the method of compensation set forth in the Directive. 9.7.5 The Construction Manager General Contractor shall sign the Construction Change Directive if the Construction Manager General Contractor agrees with the adjustment in the time or contract price. Upon signature, the Change Order Directive shall be effective as a Change Order. 9.7.6 If the Construction Manager General Contractor does not respond promptly or disagrees with the method of adjustment, the method of adjustment shall be determined by the Professional on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, and shall include a reasonable allowance for overhead and profit on increases in scopeprofit. In such case, the Construction Manager General Contractor shall keep and present to the Professional an itemized accounting together with appropriate supporting data. Unless otherwise specified herein, costs shall be limited to: (i) Costs costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and worker’s compensation insurance directly attributable to the change; (ii) Costs costs of materials, supplies and equipment, including the cost of transportation, whether incorporated or consumed directly attributable to the change; (iii) Rental rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Construction Manager General Contractor or others directly attributable to the change; (iv) Costs costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work directly attributable to the change; and (v) Additional additional costs of supervision and field office personnel directly attributable to the change. 9.7.7 The amount of credit to be allowed by the Construction Manager General Contractor to the Owner for a deletion or change which results in a net decrease in the contract price shall be the actual net cost as confirmed by the Professional. When there are both increases and decreases in the Work, the allowance for overhead and profit shall be figured on the basis of net increase, if any, of the change. 9.7.8 Pending final determination of the total cost of the Change Directive, amounts not in dispute shall be included in future invoices for payment, accompanied by the Change Order. For costs in dispute, the Professional shall make an interim determination for purposes of monthly certification for payment for those costs. Either party may then submit a claim according to other provisions contained herein.

DISPUTES REGARDING CHANGES. 9.7.1 Regardless if there is a dispute (i) that a change has occurred; (ii) whether a change in the Work will result in adjustment of compensation or applicable schedules; or (iii) as to the amount of any adjustment of compensation or applicable schedules, the change shall will be carried out if the Owner County so directs. No claim shall will be prejudiced by performance of the Work so long as the Owner County is notified of the claim in writing prior to performance of the Work which is the subject of the dispute and the party disputing the decision of the Owner County recites the reasons for its dispute in the written notice. Failure to notify the Owner County in writing shall will constitute a waiver of any claim resulting from the change. 9.7.2 In the event a change order request is approved by the Owner County in the absence of an agreement as to cost, time, or both, the appropriate Professional will (i) receive and maintain all documentation pertaining theretoto the change order; (ii) examine such documentation on the OwnerCounty's behalf; (iii) take such other action as may be reasonably necessary or as the Owner County may request; and (iv) make a written recommendation to the Owner County concerning any appropriate adjustment in the Construction Price or time. 9.7.3 A Construction Change Directive is a written order prepared by the Professional and signed by the Owner County and the Professional, directing a change in the Work prior to agreement on any change in the contract price, time or both. The issuance of a Construction Change Directive does not invalidate the Contract for Construction ManagementAgreement. A Construction Change Directive shall will be used in the absence of agreement on the terms of a Change Order. If the Directive provides for a change in the contract price, the adjustment shall will be based on one of the following: (i) Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (ii) Unit prices stated in the Contract Documents or subsequently agreed upon; (iii) Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (iv) As set forth below. 9.7.4 The Construction Manager shall promptly proceed with the Work upon receipt of a Construction Change Directive, and shall immediately advise the Professional of any disagreement with the method of compensation set forth in the Directive. 9.7.5 The Construction Manager shall sign the Construction Change Directive if the Construction Manager agrees with the adjustment in the time or contract price. Upon signature, the Change Order Directive shall will be effective as a Change Order. 9.7.6 If the Construction Manager does not respond promptly or disagrees with the method of adjustment, the method of adjustment shall will be determined by the Professional on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, include a reasonable allowance for overhead and profit on increases in scope. In such case, the Construction Manager shall keep and present to the Professional an itemized accounting together with appropriate supporting data. Unless otherwise specified hereinin this Agreement, costs shall will be limited to: (i) Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and worker’s compensation insurance directly attributable to the change; (ii) Costs of materials, supplies and equipment, including the cost of transportation, whether incorporated or consumed directly attributable to the change; (iii) Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Construction Manager or others directly attributable to the change; (iv) Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work directly attributable to the change; and (v) Additional costs of supervision and field office personnel directly attributable to the change. 9.7.7 The amount of credit to be allowed by the Construction Manager to the Owner County for a deletion or change which results in a net decrease in the contract price shall will be the actual net cost as confirmed by the Professional. When there are both increases and decreases in the Work, the allowance for overhead and profit shall will be figured on the basis of net increase, if any, of the change. 9.7.8 Pending final determination of the total cost of the Change Directive, amounts not in dispute shall will be included in future invoices for payment, accompanied by the Change Order. For costs in dispute, the Professional shall will make an interim determination for purposes of monthly certification for payment for those costs. Either party may then submit a claim according to other provisions contained hereinin this Agreement.

DISPUTES REGARDING CHANGES. 9.7.1 Regardless of if there is a dispute (i) that a change has occurred; (ii) whether a change in the Work will result in adjustment of compensation or applicable schedules; or (iii) as to the amount of any adjustment of compensation or applicable schedules, the change shall will be carried out if the Owner County so directs. No claim shall will be prejudiced by performance of the Work so long as the Owner County is notified of the claim in writing prior to performance of the Work which is the subject of the dispute and the party disputing the decision of the Owner County recites the reasons for its dispute in the written notice. Failure to notify the Owner County in writing shall will constitute a waiver of any claim resulting from the change. 9.7.2 In the event a change order request is approved by the Owner County in the absence of an agreement as to cost, time, or both, the appropriate Professional will (i) receive and maintain all documentation pertaining theretoto the change order; (ii) examine such documentation on the OwnerCounty's behalf; (iii) take such other action as may be reasonably necessary or as the Owner County may request; and (iv) make a written recommendation to the Owner County concerning any appropriate adjustment in the Construction Price or time. 9.7.3 A Construction Change Directive is a written order prepared by the Professional and signed by the Owner County and the Professional, directing a change in the Work prior to agreement on any change in the contract price, time time, or both. The issuance of a Construction Change Directive does not invalidate the Contract for Construction ManagementAgreement. A Construction Change Directive shall will be used in the absence of agreement on the terms of a Change Order. If the Directive provides for a change in the contract price, the adjustment shall will be based on one of the following: (i) Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (ii) Unit prices stated in the Contract Documents or subsequently agreed upon; (iii) Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (iv) As set forth below. 9.7.4 The Construction Manager shall promptly proceed with the Work upon receipt of a Construction Change Directive, Directive and shall immediately advise the Professional of any disagreement with the method of compensation set forth in the Directive. 9.7.5 The Construction Manager shall sign the Construction Change Directive if the Construction Manager agrees with the adjustment in the time or contract price. Upon signature, the Change Order Directive shall will be effective as a Change Order. 9.7.6 If the Construction Manager does not respond promptly or disagrees with the method of adjustment, the method of adjustment shall will be determined by the Professional based on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, include a reasonable allowance for overhead and profit on increases in scope. In such case, the Construction Manager shall keep and present to the Professional an itemized accounting together with appropriate supporting data. Unless otherwise specified hereinin this Agreement, costs shall will be limited to: (i) Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and worker’s compensation insurance directly attributable to the change; (ii) Costs of materials, supplies and equipment, including the cost of transportation, whether incorporated or consumed directly attributable to the change; (iii) Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Construction Manager or others directly attributable to the change; (iv) Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work directly attributable to the change; and (v) Additional costs of supervision and field office personnel directly attributable to the change. 9.7.7 The amount of credit to be allowed by the Construction Manager to the Owner County for a deletion or change which results in a net decrease in the contract price shall will be the actual net cost as confirmed by the Professional. When there are both increases and decreases in the Work, the allowance for overhead and profit shall will be figured based on the basis of net increase, if any, of the change. 9.7.8 Pending final determination of the total cost of the Change Directive, amounts not in dispute shall will be included in future invoices for payment, accompanied by the Change Order. For costs in dispute, the Professional shall will make an interim determination for purposes of monthly certification for payment for those costs. Either party may then submit a claim according to other provisions contained hereinin this Agreement.

DISPUTES REGARDING CHANGES. 9.7.1 Regardless if there is a dispute (i) that a change has occurred; (ii) whether a change in the Work will result in adjustment of compensation or applicable schedules; or (iii) as to the amount of any adjustment of compensation or applicable schedules, the change shall be carried out if the Owner so directsissues a Construction Change Directive. No claim shall be prejudiced by performance of the Work so long as the Owner is notified of the claim in writing prior to performance of the Work which is the subject of the dispute and the party disputing the decision of the Owner recites the reasons for its dispute in the written notice. Failure to notify the Owner in writing shall constitute a waiver of any claim resulting from the change. 9.7.2 In the event a change order request is approved by the Owner in the absence of an agreement as to cost, time, or both, the appropriate Professional will (i) receive and maintain all documentation pertaining thereto; (ii) examine such documentation on the Owner's behalf; (iii) take such other action as may be reasonably necessary or as the Owner may request; and (iv) make a written recommendation to the Owner concerning any appropriate adjustment in the Construction Price or time. 9.7.3 A Construction Change Directive is a written order prepared by the Professional and signed by the Owner and the Professional, directing a change in the Work prior to agreement on any change in the contract price, time or both. The issuance of a Construction Change Directive does not invalidate the Contract for Construction ManagementConstruction. A Construction Change Directive shall be used in the absence of agreement on the terms of a Change Order. If the Directive provides for a change in the contract price, the adjustment shall be based on one of the following: (i) Mutual mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (ii) Unit unit prices stated in the Contract Documents or subsequently agreed upon; (iii) Cost cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (iv) As as set forth below. 9.7.4 The Construction Manager General Contractor shall promptly proceed with the Work upon receipt of a Construction Change Directive, and shall immediately advise the Professional of any disagreement with the method of compensation set forth in the Directive. 9.7.5 The Construction Manager General Contractor shall sign the Construction Change Directive if the Construction Manager General Contractor agrees with the adjustment in the time or contract price. Upon signature, the Change Order Directive shall be effective as a Change Order. 9.7.6 If the Construction Manager General Contractor does not respond promptly or disagrees with the method of adjustment, the method of adjustment shall be determined by the Professional on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, and shall include a reasonable allowance for overhead and profit on increases in scopeprofit. In such case, the Construction Manager General Contractor shall keep and present to the Professional an itemized accounting together with appropriate supporting data. Unless otherwise specified herein, costs shall be limited to: (i) Costs costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and worker’s worker‟s compensation insurance directly attributable to the change; (ii) Costs costs of materials, supplies and equipment, including the cost of transportation, whether incorporated or consumed directly attributable to the change; (iii) Rental rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Construction Manager General Contractor or others directly attributable to the change; (iv) Costs costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work directly attributable to the change; and (v) Additional additional costs of supervision and field office personnel directly attributable to the change. 9.7.7 The amount of credit to be allowed by the Construction Manager General Contractor to the Owner for a deletion or change which results in a net decrease in the contract price shall be the actual net cost as confirmed by the Professional. When there are both increases and decreases in the Work, the allowance for overhead and profit shall be figured on the basis of net increase, if any, of the change. 9.7.8 Pending final determination of the total cost of the Change Directive, amounts not in dispute shall be included in future invoices for payment, accompanied by the Change Order. For costs in dispute, the Professional shall make an interim determination for purposes of monthly certification for payment for those costs. Either party may then submit a claim according to other provisions contained herein.