PAYMENT FOR OMITTED ITEMS Clause Samples
The "Payment for Omitted Items" clause defines how compensation is handled when certain items or work originally included in a contract are later removed or omitted. Typically, this clause outlines the process for adjusting the contract price to reflect the value of the omitted work, ensuring that the contractor is not paid for tasks or materials no longer required. For example, if a construction project eliminates a specific feature after the contract is signed, the payment due to the contractor is reduced accordingly. This clause ensures fairness and accuracy in contract payments, preventing overpayment for work that is not performed.
PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs. 90-5 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus overhead and profit.
PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Design Professional shall have the right to omit from the Work (order nonperformance) any Contract Item, except Major Contract Items, in the best interest of the Airport Authority. Should the Design Professional omit or order nonperformance of a Contract Item or portion of such Contract Item from the Work, the CMR shall accept payment in full at the Contract prices for any Work actually completed and acceptable prior to the Design Professional’s order to omit or nonperform such Contract Item. Acceptable Materials ordered by the CMR or delivered on the Work prior to the date of the Design Professional’s order will be paid for at the actual cost to the CMR and shall thereupon become the property of the Airport Authority. In addition to the reimbursement hereinbefore provided, the CMR shall be reimbursed for all actual costs incurred for the purpose of performing the omitted Contract Item prior to the date of the Design Professional’s order. Such additional costs incurred by the CMR must be directly related to the deleted Contract Item and shall be supported by certified statements by the CMR as to the nature the amount of such costs.
PAYMENT FOR OMITTED ITEMS. 7.5.1. For any item omitted from the Work, the Owner will pay the Contractor a fair and equitable amount for costs incurred directly related to such item prior to the date of the Owner's order to omit the item, subject to Section 1.4 of the General Conditions. No allowance will be made for lost profits in reimbursements to the Contractor for omitted items of Work. Acceptable materials ordered by the Contractor or delivered to the Work site prior to the date of cancellation, alteration, or suspension of the Work by order of the Project Manager will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.
7.5.2. The Contractor shall immediately submit certified statements covering all money expended in preparation for any omitted item, and he shall be reimbursed for any money expended in preparation for Work on any omitted item when such preparation has no value to the remaining items of the Contract, or for a proportionate amount based on the total Contract price over which such preparation would ordinarily be distributed when other items are included in such preparation.