Common use of Rejection of the Construction Document Change Order Clause in Contracts

Rejection of the Construction Document Change Order. If the Construction Documents referenced in a proposed Construction Document Change Order are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, as specified therein (other than variances due solely to differences in Actual Costs versus estimated costs) and as a result of such variance the performance of the Work described therein will increase the Estimated Cost amount as stated in the GMP Change Order, or will require an extension of the time for Final Completion as stated in the GMP Change Order, the CM/GC may reject the proposed Change Order and give notice of same to the Owner and the Design Professional setting forth the basis for its rejection of same and stating a proposed increase in the GMP Change Order and its various Components, including, if applicable, the Date for Final Completion, under which the CM/GC would accept said Change Order. Following consultations with the Design Professional and CM/GC, the Owner shall (i) require the Design Professional, without charge against the GMP Change Order, or its various Components, to revise the Construction Documents so as to make them true developments of the drawings, specifications and other documents relied upon by CM/GC in the preparation of the GMP Change Order, with said revisions to be completed within ten (10) days; (ii) accept the CM/GC's proposed increase in the GMP Change Order and its specified Component(s), including, if applicable, the Date for Final Completion; or (iii) direct CM/GC to proceed with the Work in accordance with the proposed Construction Documents. In the event CM/GC is directed to proceed with the Work in accordance with the proposed Construction Documents, under (iii) above, CM/GC shall be entitled to assert a claim in accordance with Paragraph 5.2.2.2 against Owner for an increase in the GMP Change Order, including, if applicable, an extension of the Date for Final Completion, provided that such claim by CM/GC is asserted within fourteen (14) days after CM/GC is directed to proceed. If the CM/GC shall accept any proposed Change Order without notice as required by this Paragraph, then no claim shall thereafter be made by CM/GC that the Construction Documents identified therein are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, and as specified therein.

Rejection of the Construction Document Change Order. If the Construction Documents referenced in a proposed Construction Document Change Order are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC CMR in the preparation of the GMP Change Order, as specified therein (other than variances due solely to differences in Actual Costs versus estimated costs) and as a result of such variance the performance of the Work described therein will increase the Estimated Cost amount as stated in the GMP Change Order, or will require an extension of the time for Final Material Completion as stated in the GMP Change Order, the CM/GC CMR may reject the proposed Change Order and give notice of same to the Owner Board and the Design Professional setting forth the basis for its rejection of same and stating a proposed increase in the GMP Change Order and its various Components, including, if applicable, the Date for Final Material Completion, under which the CM/GC CMR would accept said Change Order. Following consultations with the Design Professional and CM/GCCMR, the Owner Board shall (i) require the Design Professional, without charge against the GMP Change Order, or its various Components, to revise the Construction Documents so as to make them true developments of the drawings, specifications and other documents relied upon by CM/GC CMR in the preparation of the GMP Change Order, with said revisions to be completed within ten (10) days; (ii) accept the CM/GCCMR's proposed increase in the GMP Change Order and its specified Component(s), including, if applicable, the Date for Final Completion; or (iii) direct CM/GC CMR to proceed with the Work in accordance with the proposed Construction Documents. In the event CM/GC CMR is directed to proceed with the Work in accordance with the proposed Construction Documents, under (iii) above, CM/GC CMR shall be entitled to assert a claim in accordance with Paragraph 5.2.2.2 Section 5 Part 2 against Owner Board for an increase in the GMP Change Order, including, if applicable, an extension of the Date for Final Material Completion, provided that such claim by CM/GC CMR is asserted within fourteen (14) days after CM/GC CMR is directed to proceed. If the CM/GC CMR shall accept any proposed Change Order without notice as required by this Paragraph, then no claim shall thereafter be made by CM/GC CMR that the Construction Documents identified therein are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC CMR in the preparation of the GMP Change Order, and as specified therein.

Rejection of the Construction Document Change Order. If the Construction Documents referenced in a proposed Construction Document Change Order are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, as specified therein (other than variances due solely to differences in Actual Costs versus estimated costs) and as a result of such variance the performance of the Work described therein will increase the Estimated Cost amount as stated in the GMP Change Order, or will require an extension of the time for Final Material Completion as stated in the GMP Change Order, the CM/GC may reject the proposed Change Order and give notice of same to the Owner and the Design Professional setting forth the basis for its rejection of same and or stating a proposed increase in the GMP Change Order and its various Components, including, if applicable, the Date for Final Material Completion, under which the CM/GC would accept said Change Order. Following consultations with the Design Professional and CM/GC, the Owner shall (i) require the Design Professional, without charge against the GMP Change Order, or its various Components, to revise the Construction Documents so as to make them true developments of the drawings, specifications and other documents relied upon by CM/GC in the preparation of the GMP Change Order, with said revisions to be completed within ten (10) days; (ii) accept the CM/GC's proposed increase in the GMP Change Order and its specified Component(s), including, if applicable, the Date for Final Material Completion; or (iii) direct CM/GC to proceed with the Work in accordance with the proposed Construction Documents. In the event CM/GC is directed to proceed with the Work in accordance with the proposed Construction Documents, under (iii) above, CM/GC shall be entitled to assert a claim in accordance with Paragraph 5.2.2.2 against Owner for an increase in the GMP Change Order, including, if applicable, an extension of the Date for Final Material Completion, provided that such claim by CM/GC is asserted within fourteen (14) days after CM/GC is directed to proceed. If the CM/GC shall accept any proposed Change Order without notice as required by this Paragraph, then no claim shall thereafter be made by CM/GC that the Construction Documents identified therein are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, and as specified therein.

Rejection of the Construction Document Change Order. If the Construction Documents referenced in a proposed Construction Document Change Order are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC CMR in the preparation of the GMP Change Order, as specified therein (other than variances due solely to differences in Actual Costs versus estimated costs) and as a result of such variance the performance of the Work described therein will increase the Estimated Cost amount as stated in the GMP Change Order, or will require an extension of the time for Final Material Completion as stated in the GMP Change Order, the CM/GC CMR may reject the proposed Change Order and give notice of same to the Owner Board and the Design Professional setting forth the basis for its rejection of same and stating a proposed increase in the GMP Change Order and its various Components, including, if applicable, the Date for Final Material Completion, under which the CM/GC CMR would accept said Change Order. Following consultations with the Design Professional and CM/GCCMR, the Owner Board shall (i) require the Design Professional, without charge against the GMP Change Order, or its various Components, to revise the Construction Documents so as to make them true developments of the drawings, specifications and other documents relied upon by CM/GC CMR in the preparation of the GMP Change Order, with said revisions to be completed within ten (10) days; (ii) accept the CM/GCCMR's proposed increase in the GMP Change Order and its specified Component(s), including, if applicable, the Date for Final Completion; or (iii) direct CM/GC to proceed with the Work in accordance with the proposed Construction Documents. In the event CM/GC is directed to proceed with the Work in accordance with the proposed Construction Documents, under (iii) above, CM/GC shall be entitled to assert a claim in accordance with Paragraph 5.2.2.2 against Owner for an increase in the GMP Change Order, including, if applicable, an extension of the Date for Final Completion, provided that such claim by CM/GC is asserted within fourteen (14) days after CM/GC is directed to proceed. If the CM/GC shall accept any proposed Change Order without notice as required by this Paragraph, then no claim shall thereafter be made by CM/GC that the Construction Documents identified therein are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, and as specified therein.or