Owner May Order Changes. Variations, modifications, additions, reductions, deletions or changes to the Work (“Change in the Work”) from that indicated in the Contract Documents, regardless of impact, shall be made only in accordance with the Owner’s response to an “issue” in the form that resides in Proliance® or by Change Order, submitted electronically via Proliance®. A “Change Order” is a written order initiated by Owner directing a Change in the Work being performed by Contractor or a Subcontractor pursuant to a current and enforceable Subcontract. No Change in the Work will increase the Contract Sum, or extend the Contract Time, without an accompanying Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the Contract Sum or an extension of the Contract Time. Notwithstanding anything to the contrary contained herein, any and all approvals, consents, Change Orders, and other documents under this Agreement affecting Owner's rights and/or the Work shall be effective only if signed by Owner. Electronic “pdf” and facsimile copies of Change Orders signed by the Owner shall be sufficient proof of a Change in the Work for Contractor to proceed. If the Contractor proceeds with any Change in the Work without a signed Change Order (even if verbal approval has been obtained), Contractor shall be deemed to have waived any claim based upon such extra or changed work.
Owner May Order Changes. The Owner, through the Architect or the Owner's Representative, may from time to time, by written instructions or drawings issued to the Contractor, make changes in the Drawings and Specifications, issue additional instructions, require additional work or direct the omission of work previously ordered, and the provisions of this Agreement shall apply to all such changes, modifications, and additions with the same effect as if they were embodied in the original Contract Documents. The Architect has no authority to authorize any additional or changed Work that would require an increase in the Guaranteed Maximum Price or an extension of the Contract Time. Contractor shall not be entitled to any reimbursement for additional Costs of the Work, or for an increase in the Guaranteed Maximum Price, due to any alleged extra or changed work unless: (i) a Change Order, as defined in Section 11.1 of the General Conditions in the form attached as Exhibit D, or; (ii) a Construction Directive (in the event the Owner and Contractor disagree as to the appropriate amount of a proposed Change Order) in the form attached as Exhibit E, or; (iii) a Proposed Change Order Request (PCOR) shall first have been signed and issued by the Owner or the Owner's Representative. If the Contractor proceeds with any extra or changed work without a signed Change Order, Construction Directive or PCOR (even if verbal approval has been obtained), Contractor shall be deemed to have waived any claim based upon such extra or changed work. Any work performed on a time and material basis pursuant to a signed Construction Directive or PCOR is subject to the Owner's prior approval of labor, overtime and equipment rental rates. All such change order work shall be subject to audit by the Owner.
