Common use of Scope Change by Contractor Clause in Contracts

Scope Change by Contractor. If Contractor desires to initiate a Scope Change because of an Excused Performance Event or otherwise, Contractor shall, within seven (7) Business Days after first becoming aware (or should have been aware, using all reasonable due diligence) that a Scope Change may be necessary, provide notice thereof to Concessionaire. Except as otherwise specified in Sections 12.5 and 12.6, within five (5) Business Days thereafter, Contractor shall deliver to Concessionaire (i) a Change Order Proposal meeting the requirements specified in Section 12.2, together with a detailed description of the proposed Scope Change, a reasonably detailed explanation of why Contractor believes the proposed Scope Change is necessary, all relevant back up documentation, including drawings (original vs. latest), relevant technical/commercial agreement references, and a description of the critical activity which is directly affected, and by how long, or (ii) such of the foregoing information as is known to Contractor at the time, together with its estimate of the date by which a full Change Order Proposal will be submitted to Concessionaire. Subject to the final sentence of this Section 12.4, Concessionaire shall approve a Change Order Proposal evidencing Contractor’s entitlement to claim a Scope Change Order under Sections 12.5, 12.6, 12.8 and 12.10 due to any of the causes specified therein, but if Concessionaire has a reasonable basis for objecting to any such Change Order Proposal, Concessionaire shall state such objections in writing to Contractor within ten (10) days of receipt of Contractor’s Change Order Proposal and the Parties promptly shall meet to resolve their differences; Concessionaire is under no obligation to approve any other Change Order Proposal initiated by Contractor. Contractor shall not be entitled to submit a package of one or more Change Order Proposals more than once in any month (other than a Change Order Proposal which Concessionaire must approve as set forth in the second preceding sentence, as to which there shall be no limits).

Scope Change by Contractor. If Contractor desires to initiate a Scope Change because of an Excused Performance a Force Majeure Event or otherwise, Contractor shall, within seven ten (710) Business Days after first becoming aware (or should have been aware, using all reasonable due diligence) that a Scope Change may be necessary, provide notice thereof to Concessionaire. Except as otherwise specified in Sections 12.5 and 12.6, within five seven (57) Business Days thereafter, Contractor shall deliver to Concessionaire (i) a Change Order Proposal meeting the requirements specified in Section 12.2Sections 12.2 and 12.3, together with a detailed description of the proposed Scope Change, a reasonably detailed explanation of why Contractor believes the proposed Scope Change is necessary, all relevant back up documentation, including drawings (original vs. latest), relevant technical/commercial agreement references, and a description of the critical activity which is directly affected, and by how long, or (ii) such of the foregoing information as is known to Contractor at the time, together with its estimate of the date by which a full Change Order Proposal will be submitted to Concessionaire. Subject to the final sentence of this Section 12.4, Concessionaire shall approve a Change Order Proposal evidencing Contractor’s entitlement to claim a Scope Change Order under Sections 12.5, 12.6, 12.7, 12.8 and 12.10 due to any of the causes specified therein, but if Concessionaire has a reasonable basis for objecting to any such Change Order Proposal, Concessionaire shall state such objections in writing to Contractor within ten (10) days of receipt of Contractor’s Change Order Proposal and the Parties promptly shall meet to resolve their differences; Concessionaire is under no obligation to approve any other Change Order Proposal initiated by Contractor. If the Parties cannot agree on the Scope Change Order, either Party may submit the dispute for resolution pursuant to Section 12.14. Contractor shall not be entitled to submit a package of one or more Change Order Proposals more than once in any month (other than a Change Order Proposal which Contractor provides pursuant to Section 12.3 or which Concessionaire must approve as set forth in the second preceding sentence, as to which there shall be no limits). Contractor acknowledges and agrees that timely notice as set forth in the first sentence of this Section 12.4 is essential to allow Concessionaire to review the Change Order Proposal while the facts and conditions underlying the request therefor are contemporaneous, that Concessionaire need not approve any Change Order Proposal to which Contractor is otherwise entitled under this Agreement if Contractor has failed to provide such timely notice, and that the Department is not obligated under the Comprehensive Agreement to provide any relief in the event a CA Compensation Event or CA Delay Event is not claimed within thirty (30) days after Concessionaire first becomes aware (or should have been aware, using all reasonable due diligence) of such CA Compensation Event or CA Delay Event. Contractor may also request Concessionaire to approve any material proposed or actual change, deviation, modification, alteration or exception from any of the Technical Requirements (the “Technical Requirements Deviations”) by submitting a Change Order Proposal containing details required by clause (i) of this Section 12.4 and other relevant items required by Section 14.03(a) of the Comprehensive Agreement, in addition to setting forth Contractor’s detailed estimate of impacts on costs and schedule attributable to the proposed Technical Requirements Deviation, and Concessionaire may in its sole discretion pass such Change Order Proposal for the Department’s consideration pursuant to Section 14.03 of the Comprehensive Agreement. No Technical Requirements Deviations shall exist or be effective for the purposes of the DB Project and the Contract Documents unless and until a written notice of the Department’s approval thereof is provided to Contractor by Concessionaire.

Scope Change by Contractor. If Contractor desires to initiate a Scope Change because of an Excused Performance a Force Majeure Event or otherwise, Contractor shall, within seven ten (710) Business Days after first becoming aware (or should have been aware, using all reasonable due diligence) that a Scope Change may be necessary, provide notice thereof to Concessionaire. Except as otherwise specified in Sections 12.5 and 12.6, within five Within seven (57) Business Days thereafter, Contractor shall deliver to Concessionaire (i) a Change Order Proposal to Concessionaire meeting the requirements specified in Section 12.2, together with a detailed description of the proposed Scope Change, a reasonably detailed explanation of why Contractor believes the proposed Scope Change is necessary, all relevant back up documentation, including drawings (original vs. latest), relevant technical/commercial agreement references, and a description of the critical activity which is directly affected, and by how long, or (ii) such of the foregoing information as is known to Contractor at the time, together with its estimate of the date by which a full Change Order Proposal will be submitted to Concessionaire. Subject to the final sentence of this Section 12.4, Concessionaire shall approve a Change Order Proposal evidencing Contractor’s entitlement to claim a Scope Change Order under Sections 12.5, 12.6, 12.7, 12.8 and 12.10 12.12 due to any of the causes specified therein, but if Concessionaire has a reasonable basis for objecting to any such Change Order Proposal, Concessionaire shall state such objections in writing to Contractor within ten (10) days of receipt of Contractor’s Change Order Proposal and the Parties promptly shall meet to resolve their differences; Concessionaire is under no obligation to approve any other Change Order Proposal initiated by Contractor. If the Parties cannot agree on the Scope Change Order, either Party may submit the dispute for resolution pursuant to Section 12.14. Contractor shall not be entitled to submit a package of one or more Change Order Proposals more than once in any month (other than a Change Order Proposal which Contractor provides pursuant to Section 12.3 or which Concessionaire must approve as set forth in the second preceding sentence, as to which there shall be no limits). Contractor acknowledges and agrees that timely notice as set forth in the first sentence of this Section 12.4 is essential to allow Concessionaire to review the Change Order Proposal while the facts and conditions underlying the request therefor are contemporaneous, that Concessionaire need not approve any Change Order Proposal to which Contractor is otherwise entitled under this Agreement if Contractor has failed to provide such timely notice, and that VDOT is not obligated under the Comprehensive Agreement to provide any relief in the event a Compensation Event or Delay Event is not claimed within twenty (20) Business Days after Concessionaire first becomes aware (or should have been aware, using all reasonable due diligence) of such Compensation Event or Delay Event. Contractor may also request Concessionaire to approve any material proposed or actual change, deviation, modification, alteration or exception from any of the Technical Requirements (the “Technical Requirements Deviations”) by submitting a Change Order Proposal containing details required by clause (i) of this Section 12.4, in addition to setting forth Contractor's estimate of impacts on costs and schedule attributable to the proposed Technical Requirements Deviation, and Concessionaire may in its sole discretion pass such Change Order Proposal for VDOT's consideration pursuant to Section 7.13(b) of the Comprehensive Agreement. No Technical Requirements Deviations shall exist or be effective for the purposes of the Project and the Contract Documents unless and until a written notice of VDOT's approval thereof is provided to Contractor by Concessionaire.