Requests for Change Orders. 12.6.1 Subject to the terms of the Contract Documents, if Contractor believes that any act, error or omission of Owner constitutes a change in the Work entitling it to additional compensation, it shall within twenty (20) Days after the date on which Contractor discovers, or should have discovered with the exercise of appropriate diligence, the relevant act, error or omission of Owner (provided that the necessity of extra cost and/or time is already determinable, even if such extra cost and/or time has not yet been incurred), submit a Request for Change Order to the Contracting Officer stating the amount of the additional compensation and/or additional time to which it is entitled and the justification for the request. The Contracting Officer shall evaluate the Request for Change Order within a reasonable time and advise Contractor whether Owner will grant in whole, grant in part, or deny the Request for Change Order. Any additional compensation granted shall be recorded in the form of a Change Order. Failure of Contractor to timely submit a Request for Change Order in strict, not substantial, accordance with the requirements of this Section 12.6.1 shall constitute a waiver of and shall forever bar any recovery arising out of the pertinent act, error, or omission of Owner, even if Owner was not prejudiced thereby. 12.6.2 No proposal or claim by Contractor on account of changes to the Work shall be allowed for any costs or delay incurred more than twenty (20) Days before Contractor gives written notice as required.
Appears in 2 contracts
Samples: Design Build Agreement, Progressive Design Build Agreement
Requests for Change Orders.
R A F T 12.6.1 Subject to the other terms of the Contract DocumentsAgreement, if the Contractor believes that any act, error error, or omission of Owner GLWA constitutes a change in the Work entitling it to additional compensation, it shall within twenty (20) Days days after the date on which the Contractor discovers, or should have discovered with the exercise of appropriate diligencediligence have discovered, the relevant pertinent act, error or omission of Owner GLWA (provided that the necessity of extra cost and/or time is already determinable, even if such extra cost and/or time has not yet been incurred), submit a Request for Change Order to the Contracting Officer stating the amount of the additional compensation and/or or additional time to which it is entitled and the justification for justifying the request. The Contracting Officer shall evaluate the Request for Change Order within a reasonable period of time and advise the Contractor whether Owner GLWA will grant in wholexxxxx, grant xxxxx in part, or deny the Request for Change Order. Any additional compensation granted shall be recorded in the form of a Change Order. Failure of the Contractor to timely submit a Request for Change Order strictly (not substantially) in strict, not substantial, accordance with the requirements of this Section 12.6.1 shall constitute a waiver of and shall forever bar any recovery arising out of the pertinent act, error, error or omission of OwnerGLWA, even if Owner GLWA was not prejudiced thereby.
12.6.2 No proposal or claim by Contractor on account of changes to the Work shall be allowed for any costs or delay incurred more than twenty (20) Days before Contractor gives written notice as required.
Appears in 1 contract
Samples: Construction Agreement
Requests for Change Orders.
12.6.1 Subject to the terms of the Contract Documents, if Contractor believes that any act, error or omission of Owner constitutes a change in the Work entitling it to additional compensation, it shall within twenty (20) Days after the date on which Contractor discovers, or should have discovered with the exercise of appropriate diligence, the relevant act, error or omission of Owner (provided that the necessity of extra cost and/or time is already determinable, even if such extra cost and/or time has not yet been incurred), submit a Request for Change Order to the Contracting Officer stating the amount of the additional compensation and/or additional time to which it is entitled and the justification for the request. The Contracting Officer shall evaluate the Request for Change Order within a reasonable time and advise Contractor whether Owner will grant in whole, grant in part, or deny the Request for Change Order. Any additional compensation granted shall be recorded in the form of a Change Order. Failure of Contractor to timely submit a Request for Change Order in strict, not substantial, accordance with the requirements of this Section 12.6.1 shall constitute a waiver of and shall forever bar any recovery arising out of the pertinent act, error, or omission of Owner, even if Owner was not prejudiced thereby.
12.6.2 No proposal or claim by Contractor on account of changes to the Work shall be allowed for any costs or delay incurred more than twenty (20) Days before Contractor gives written notice as required.. ARTICLE 13
Appears in 1 contract
Samples: Construction Agreement