Common use of Owner Parties’ Determination Clause in Contracts

Owner Parties’ Determination. Owner Parties shall be entitled to review Contractor’s Claims for differing Site conditions as set forth in Section 10.3.4 above, and for changes due to Unavoidable Delay as set forth in Section 7.2.4 of these General Conditions. If, after investigation, Owner Parties agree that a Change Order is appropriate under the circumstances, Contractor will be entitled to adjustment to the Contract Sum, Contract Time, or schedule of performance of the Work, as the case may be, and as agreed to by Owner and Contractor. If a request for Change Order includes requests from Subcontractors, Sub-subcontractors, Suppliers, or other Persons performing Work, Contractor shall analyze and evaluate the merits of such requests prior to including them in Contractor’s submission to Owner Parties. By submitting such requests, Contractor represents they are accurate and appropriate. In any event, if Owner Parties disagree that Contractor in entitled to a Change Order under the circumstances, Owner Parties shall notify Contractor in writing, stating the reasons for disagreement. If Contractor wishes to dispute Owner Parties’ determination, Contractor shall have a Claim. However, Owner shall in no event approve a Change Order because of missed Work scope or a lack of coordination in the execution or bidding of the Work. All Claims due to changes shall proceed in accordance with Article 12.

Appears in 10 contracts

Samples: General Contractor Agreement, General Contractor Agreement, General Contractor Agreement

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Owner Parties’ Determination. Owner Parties shall be entitled to review Contractor’s Claims for differing Excused Site conditions Conditions as set forth in Section 10.3.4 6.2.2 above, and for changes due to Unavoidable Delay as set forth in Section 7.2.4 of these General Conditionsthe Agreement 8.2. If, after investigation, Owner Parties agree that a Change Order is appropriate under the circumstances, Contractor will be entitled to adjustment to the Contract Sum, Contract Time, or schedule of performance of the Work, as the case may be, and as agreed to by Owner and Contractor. If a request for Change Order includes requests from Subcontractors, Sub-subcontractors, Suppliers, or other Persons performing Work, Contractor shall analyze and evaluate the merits of such requests prior to including them in Contractor’s submission to Owner Parties. By submitting such requests, Contractor represents they are accurate and appropriate. In any event, if Owner Parties disagree that Contractor in entitled to a Change Order under the circumstances, Owner Parties shall notify Contractor in writing, stating the reasons for disagreement. If Contractor wishes to dispute Owner Parties’ determination, Contractor shall have a Claim. However, Owner shall in no event approve a Change Order because of missed Work scope or a lack of coordination in the execution or bidding of the Work. All Claims due to changes shall proceed in accordance with Article 12[ ].

Appears in 1 contract

Samples: Procurement, and Construction Agreement

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Owner Parties’ Determination. Owner Parties shall be entitled to review Contractor’s Claims for differing Excused Site conditions Conditions as set forth in Section 10.3.4 6.2.2 above, and for changes due to Unavoidable Delay as set forth in Section 7.2.4 of these General Conditionsthe Agreement 8.2 . If, after investigation, Owner Parties agree that a Change Order is appropriate under the circumstances, Contractor will be entitled to adjustment to the Contract Sum, Contract Time, or schedule of performance of the Work, as the case may be, and as agreed to by Owner and Contractor. If a request for Change Order includes requests from Subcontractors, Sub-subcontractors, Suppliers, or other Persons performing Work, Contractor shall analyze and evaluate the merits of such requests prior to including them in Contractor’s submission to Owner Parties. By submitting such requests, Contractor represents they are accurate and appropriate. In any event, if Owner Parties disagree that Contractor in entitled to a Change Order under the circumstances, Owner Parties shall notify Contractor in writing, stating the reasons for disagreement. If Contractor wishes to dispute Owner Parties’ determination, Contractor shall have a Claim. However, Owner shall in no event approve a Change Order because of missed Work scope or a lack of coordination in the execution or bidding of the Work. All Claims due to changes shall proceed in accordance with Article 12[ ].

Appears in 1 contract

Samples: , and Construction Agreement

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