Common use of Procedure for Change Orders Clause in Contracts

Procedure for Change Orders. 8.3.1 As soon as reasonably possible, but in no event later than fourteen (14) Days after Contractor becomes aware, through the exercise of reasonable diligence, of any circumstances which Contractor has reason to believe may constitute a Change in the Work, Contractor shall issue to Company a Change Order notice using the Change Order Request form set forth in Exhibit M. All Change Order notices shall include preliminary documentation sufficient to enable Company to determine (i) the factors necessitating the possibility of a Change Order; (ii) the impact which the Change Order is likely to have on the Contract Price; and (iii) the impact which the Change Order is likely to have on the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date). Failure to give such proper and timely Change Order notice shall, to the extent Company is prejudiced by such failure, constitute a waiver of Contractors right to an adjustment. 8.3.2 If Company desires to make a Change Order in response to a Change Order notice, it shall submit a Change Order request to Contractor using the Change Order Request form set forth in Exhibit M. Contractor shall promptly review the Change Order request and notify Company promptly in writing of the options for implementing the proposed Change Order (including, if possible, any option that does not involve an extension of time) and the effect, if any, each such option would have on the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected. The preparation and provision of information to Company in response to a Change Order request shall be at Contractor’s expense if such Change Order request is issued in response to a Change Order notice issued by Contractor pursuant to this Section 8.3.2 and otherwise Contractor shall be reimbursed for such expense as provided in Section 8.2. 8.3.3 If Company agrees that a Change Order is in order and accepts Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected, Company shall issue a Change Order. In the event Company disagrees with Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected, Company may proceed to issue the Change Order in accordance with Section 8.8.

Procedure for Change Orders. 8.3.1 7.2.1 As soon as reasonably possible, but in no event later than fourteen five (145) Business Days after Contractor becomes aware, through the exercise of reasonable diligence, of any circumstances which Contractor has reason to believe may constitute a Change in the Work, Contractor shall issue to Company Owner a Change Order notice using the Change Order Request form set forth in Exhibit M. F. All Change Order notices shall include preliminary documentation sufficient to enable Company Owner to determine (i) the factors necessitating the possibility of a Change Order; and (ii) the impact which the Change Order is likely to have on the Contract Price; and (iii) the impact which the Change Order is likely to have on the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date)Schedule. Failure to give such proper and timely Change Order notice shall, to the extent Company Owner is prejudiced by such failure, constitute a waiver of Contractors Contractor’s right to request an adjustment. Notwithstanding the foregoing, Contractor shall only be entitled to request a Change Order by reason of (i) a Contract error to the extent provided in Section 7.2, (ii) a Change in Law to the extent provided for in Section 7.3, (iii) Force Majeure to the extent provided in Section 7.4, (iv) an Owner Caused Change to the extent provided in Section 7.5, or (v) an Unforeseen Site Condition. 8.3.2 7.2.2 If Company Owner desires to make a Change Order in response to a Change Order notice, it shall submit a Change Order request to Contractor using the Change Order Request form set forth in Exhibit M. F. Contractor shall promptly review the Change Order request and notify Company promptly Owner in writing within five (5) Business Days of receipt thereof of the options for implementing the proposed Change Order (including, if possible, any option that does not involve an extension of time) and the effect, if any, each such option would have on the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date)Schedule, or any other such part of the Contract as may be affected. The preparation and provision of information to Company Owner in response to a Change Order request shall be at Contractor’s expense if such Change Order request is issued in response to a Change Order notice issued by Contractor pursuant to this Section 8.3.2 and otherwise Contractor shall be reimbursed for such expense as provided in Section 8.2accordance with Exhibit C if a Change Order is requested by Owner. 8.3.3 7.2.3 If Company Owner agrees that a Change Order is in order and accepts Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date)Schedule, or any other such part of the Contract as may be affected, Company Owner shall issue a Change Order. In the event Company Owner disagrees with Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date)Schedule, or any other such part of the Contract as may be affected, Company Owner may proceed to issue the Change Order reserving those items in accordance with Section 8.8dispute.

Procedure for Change Orders. 8.3.1 As soon as reasonably possible, but in no event later than fourteen (14) Days after Contractor becomes aware, through the exercise of reasonable diligence, of any circumstances which Contractor has reason to believe may constitute a Change in the Work, Contractor shall issue to Company a Change Order notice using the Change Order Request form set forth in Exhibit M. All Change Order notices shall include preliminary documentation sufficient to enable Company to determine (i) the factors necessitating the possibility of a Change Order; (ii) the impact which the Change Order is likely to have on the Contract Price; and (iii) the impact which the Change Order is likely to have on the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date). Failure to give such proper and timely Change Order notice shall, to the extent Company is prejudiced by such failure, constitute a waiver of Contractors right to an adjustment. 8.3.2 If Company desires to make a Change Order in response to a Change Order notice, it shall submit a Change Order request to Contractor using the Change Order Request form set forth in Exhibit M. Contractor shall promptly review the Change Order request and notify Company promptly in writing of the options for implementing the proposed Change Order (including, if possible, any option that does not involve an extension of time) and the effect, if any, each such option would have on the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected. The preparation and provision of information to Company in response to a Change Order request shall be at Contractor’s expense if such Change Order request is issued in response to a Change Order notice issued by Contractor pursuant to this Section 8.3.2 and otherwise Contractor shall be reimbursed for such expense as provided in Section 8.2. 8.3.3 If Company agrees that a Change Order is in order and accepts Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected, Company shall issue a Change Order. In the event Company disagrees with Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected, Company may proceed to issue the Change Order in accordance with Section 8.8.

Procedure for Change Orders. 8.3.1 As soon as reasonably possible, but in no event later than fourteen (14) Days after When Contractor becomes aware, through the exercise of reasonable diligence, aware of any circumstances which that Contractor has reason to believe may constitute believes will necessitate a Change change in the WorkContract Documents, an increase in the Contract Price or a change to the Contract Time (each a "Change"), Contractor shall issue to Company notify Owner (each, a "Change Order notice using the Change Order Request form set forth in Exhibit M. Notice"). All Change Order notices Notices shall include preliminary documentation reasonably sufficient to enable Company Owner to determine (i) the factors necessitating the possibility of a Change OrderChange; (ii) the impact which that the Change Order is likely to have on the Contract Price; and (iii) the impact which that the Change Order is likely to have on the Schedule (including the Guaranteed Substantial Completion Date scheduling and the Guaranteed Final Mechanical Completion Date); and (iv) such other information as Owner may reasonably request in connection with such Change. Failure to give such proper and timely Change Order notice shall, to the extent Company is prejudiced by such failure, constitute a waiver of Contractors right to an adjustment. 8.3.2 If Company Owner desires to make a Change Order in response to a Change Order noticeChange, it shall submit a "Change Order request Request" to Contractor using the Change Order Request form set forth in Exhibit M. Contractor. Contractor shall promptly review the Change Order request Request and notify Company promptly Owner in writing of the options for implementing the proposed Change Order (including, if possible, practicable any option that does not involve an extension of time) and the effect, if any, each such option would have on the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Mechanical Completion Date, the Project Schedule, and any warranties or guaranties. Contractor shall provide Contract Price, schedule and performance guaranty impacts to Owner for Changes proposed by Owner. Owner may, but shall not be obligated to, issue a written order covering such proposed Change (each, a "Change Order"), or any other such part in which event the contents of the Contract as may be affected. The preparation and provision of information to Company Contractor's notice described in response to a Change Order request this Section 7.3 shall be at binding on Contractor’s expense if such Change Order request is issued in response to a Change Order notice issued by Contractor pursuant to this Section 8.3.2 and otherwise Contractor shall be reimbursed for such expense as provided in Section 8.2. 8.3.3 If Company agrees that a Change Order is in order and accepts . In the event Owner disagrees with Contractor’s 's statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Mechanical Completion Date), the Project Schedule, or any other such part of the Contract as may be affectedwarranties or guaranties, Company shall issue a Change Order. In the event Company disagrees with Contractor’s statement of the effect of such Change Order on any one or more of the Contract Price, the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date), or any other such part of the Contract as may be affected, Company Owner may proceed to issue with issuance of the Change Order in accordance with Section 8.8while the dispute is being resolved.