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’s Project Representative so directs. No claim shall be prejudiced by performance of the Work so long as the Owner’s Project Representative 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’s Project Representative recites the reasons for its dispute in the written notice. Failure to notify the Owner’s Project Representative 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 Contract Sum or time.

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

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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’s Project Representative so directs. No claim shall be prejudiced by performance of the Work so long as the Owner’s Project Representative 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’s Project Representative recites the reasons for its dispute in the written notice. Failure to notify the Owner’s Project Representative 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 Design 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 Contract Sum or time.

Appears in 1 contract

Samples: Construction Agreement

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