Common use of Requisite Performance of Changes Clause in Contracts

Requisite Performance of Changes. In the event Owner refuses to issue a Contractor-requested Change Order or Owner and Contractor fail to agree to the terms of a Change Order, Owner Parties shall have the right to issue a Construction Change Directive. Upon receiving a Construction Change Directive, Contractor shall proceed to perform such changed Work and Owner shall pay Contractor on a time and material basis in accordance with Section 10.3.7 below. Owner Parties and Contractor shall continue to make good faith efforts to agree to the terms of a Change Order for the Work of the Construction Change Directive. Change Orders may be issued for all or any part of a Construction Change Directive. However, if Owner and Contractor cannot agree to one or more Change Orders for all of the Work of a Construction Change Directive, Contractor shall have a Claim for that Work executed but not included in a Change Order.

Appears in 10 contracts

Samples: Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement

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Requisite Performance of Changes. In the event Owner refuses to issue a ContractorDesign- Builder-requested Change Order or Owner and Contractor Design-Builder fail to agree to the terms of a Change Order, Owner Parties shall have the right to issue a Construction Change Directive. Upon receiving a Construction Change Directive, Contractor Design-Builder shall proceed to perform such changed Work and if payment is warranted, Owner shall pay Contractor Design-Builder on a time and material basis in accordance with Section 10.3.7 below. Owner Parties and Contractor Design-Builder shall continue to make good faith efforts to agree to the terms of a Change Order for the Work of the Construction Change Directive. Change Orders may be issued for all or any part of a Construction Change Directive. However, if Owner and Contractor Design- Builder cannot agree to one or more Change Orders for all of the Work of a Construction Change Directive, Contractor Design-Builder shall have a Claim for that Work executed but not included in a Change Order.

Appears in 1 contract

Samples: Design Build Agreement

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Requisite Performance of Changes. In the event Owner refuses to issue a Contractor-requested Change Order or Owner and Contractor fail to agree to the terms of a Change Order, Owner Parties shall have the right to issue a Construction Change Directive. Upon receiving a Construction Change Directive, Contractor shall proceed to perform such changed Work and Owner shall pay Contractor on a time and material basis in accordance with Section 10.3.7 below. Owner Parties and Contractor shall continue to make good faith efforts to agree to the terms of a Change Order for the Work of the Construction Change Directive. Change Orders may be issued for all or any part of a Construction Change Directive. However, if Owner and Contractor cannot agree to one or more Change Orders for all of the Work of a Construction Change Directive, Contractor shall have a Claim for that Work executed but not included in a Change Order.. SAMPLE

Appears in 1 contract

Samples: Design Build Agreement

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