Scope Changes Due to Contractor Error Clause Samples

Scope Changes Due to Contractor Error. Except as provided in Sections 12.4, 12.5, 12.6 or 12.7, no Scope Change Order shall be issued and no adjustment of any one or more of the Contract Price, the Guaranteed Completion Dates, the Payment Schedule, the Project Schedule or the Project Guarantees shall be made in connection with any delay, failure of performance, correction of errors, omissions, deficiencies or improper or defective Work, machinery, equipment, materials, systems, supplies or other items on the part of Contractor or any Subcontractor in the performance of the Work or provisions of, or delay in provisions of machinery, equipment, materials, systems, supplies or other items by Contractor or any Subcontractor, or any failure of Contractor or any Subcontractor to comply with the Agreement. 12.3.1 To the extent any delay or failure of performance was concurrently caused by Client and Contractor, Contractor shall be entitled to an adjustment of the Contract Price, the Project Schedule and Guaranteed Completion Dates for only that portion of the critical path delay that was due to Client, provided that Contractor submits a proper Scope Change Order Notice in accordance with Section 12.2.1.

Scope Changes Due to Contractor Error. Notwithstanding anything in this Article 12 to the contrary, no Scope Change Order shall be issued and no adjustment of the Contract Sum, the ▇▇▇▇ Ex Guaranteed Service Commencement Date or the Payment and Values Schedule shall be made in connection with any correction of errors, omissions, deficiencies, project management inefficiencies or inaction, or improper or defective TTMS Work on the part of Contractor or any Subcontractor in the performance of the TTMS Work hereunder, or correction of any improper, defective or deficient equipment supplied by Contractor or any Subcontractor.

Scope Changes Due to Contractor Error. Notwithstanding anything in this Article 12 to the contrary, no Scope Change Order shall be issued and no adjustment of the Contract Price, the Guaranteed Completion Dates, the Construction Progress Milestone Dates, the Payment and Milestone Schedule, the Project Schedule or 88 the Performance Guarantees shall be made for or as a result of any correction of errors, omissions, deficiencies, or improper or defective work on the part of Contractor or any Subcontractors in the performance of the Services.