Common use of Project Contingency Use and Approval Process Clause in Contracts

Project Contingency Use and Approval Process. 7.2.3.1. Design Build Entity shall provide Judicial Council with prior written notice of its intent to use any of the Project Contingency. The notice shall be provided reasonably far in advance of the proposed use, thereby enabling the Judicial Council to determine whether the use complies with the Contract Documents. The written notice shall include: 7.2.3.1.1. A detailed description of the portion of the Construction Work to which the request pertains. The description must demonstrate that the Construction Work falls within a permissible use(s) of Project Contingency as provided for herein; and 7.2.3.1.2. Substantiation for the Direct Cost of Work arising from the proposed use of Project Contingency in the same manner Design Build Entity would substantiate a Proposed Change Order; provided, however, Judicial Council may waive this requirement and instead direct that Design Build Entity perform the Construction Work on a time and material basis. In that event, the Parties shall comply with the procedures for establishing and pricing time and materials Change Work in the “Changes in the Work” section of these General Conditions. 7.2.3.2. Judicial Council shall have the right to review Design Build Entity’s written notice of intended use of Project Contingency and reject any use of Project Contingency if that use is not authorized by these General Conditions. Judicial Council will authorize any approved use of the Project Contingency in writing.

Project Contingency Use and Approval Process. 7.2.3.1. Design Build Entity shall provide Judicial Council with prior written notice of its intent to use any of the Project Contingency. The notice shall be provided reasonably far in advance of the proposed use, thereby enabling the Judicial Council to determine whether the use complies with the Contract Documents. The written notice shall include: 7.2.3.1.1. A detailed description of the portion of the Construction Work to which the request pertains. The description must demonstrate that the Construction Work falls within a permissible use(s) of Project Contingency as provided for herein; and 7.2.3.1.2. Substantiation for the Direct Cost of Work arising from the proposed use of Project Contingency in the same manner Design Build Entity would substantiate a Proposed Change Order; provided, however, Judicial Council may waive this requirement and instead direct that Design Build Entity perform the Construction Work on a time and material basis. In that event, the Parties shall comply with the procedures for establishing and pricing time and materials Change Work in the “Changes in the Work” section of these General Conditions. 7.2.3.2. Judicial Council shall have the right to review Design Build Entity’s written notice of intended use of Project Contingency and reject any use of Project Contingency if that use is not authorized by these General Conditions. Judicial Council will authorize any approved use of the Project Contingency in writing.