Common use of Modification of the Owner’s Requirements Clause in Contracts

Modification of the Owner’s Requirements. In the event that the Statement of Probable Construction Cost of the work exceeds the Stated Cost Limitation stated in the Contract, the Owner, at its discretion, may modify the Owner’s requirements sufficiently to permit balancing the Statement of Probable Construction Cost with the Stated Cost Limitation. It is also agreed that when the Design Professional has obtained laboratory test reports in accordance with Section 2 (Basic Services) of this Contract, the Design Professional shall furnish the Owner a current Statement of Probable Construction Cost for use in verifying that the total Project budget does not exceed the available funds for the Project. In the event the Statement of Probable Construction Cost exceeds the Stated Cost Limitation, the Design Professional agrees that modifications made for the purpose of balancing the Statement of Probable Construction Cost with the Stated Cost Limitation shall not create a claim for Additional Services under Section 3 (Additional Services) of this Contract, except in the event of the discovery of unforeseen conditions, in which case the Design Professional shall be compensated in accordance with Section 3.

Modification of the Owner’s Requirements. In the event that the Statement of Probable Construction Cost of the work exceeds the Stated Construction Cost Limitation stated in the Contract, the Owner, at its discretion, may modify the Owner’s requirements sufficiently to permit balancing the Statement of Probable Construction Cost with the Stated Construction Cost Limitation. It is also agreed that when the Design Professional has obtained laboratory test reports in accordance with Section 2 (Basic Services) of this Contract, the Design Professional shall furnish the Owner a current Statement of Probable Construction Cost for use in verifying that the total Project budget does not exceed the available funds for the Project. In the event the Statement of Probable Construction Cost exceeds the Stated Construction Cost Limitation, the Design Professional agrees that modifications made for the purpose of balancing the Statement of Probable Construction Cost with the Stated Construction Cost Limitation shall not create a claim for Additional Services under Section 3 (Additional Services) of this Contract, except in the event of the discovery of unforeseen conditions, in which case the Design Professional shall be compensated in accordance with Section 3.