Shared Information Basis Clause Samples

Shared Information Basis. Contractor shall cause its Project Manager to make itself available and to use reasonable efforts to meet or otherwise confer with Owner to discuss any Change Order request, Contractor’s proposal, and the estimates therein contained, and to answer any questions or clarify any information provided with respect thereto. Owner or the Owner’s Manager may request that Contractor’s Project Manager provide additional reasonable information or further information and data to the extent Contractor has failed to provide such information and data required to be provided or if there are errors, mistakes, or omissions in any information or data previously provided as part of the estimates contained in Contractor’s proposal. Owner shall have three (3) Business Days to accept or reject in writing Contractor’s proposal in relation to the requested change. If Owner accepts Contractor’s proposal within such three (3) Business Day period, Owner and Contractor shall execute a Change Order reflecting the requested change in the Work and any agreed upon adjustments, if any, including those in the Contract Price and the Milestone Schedule or other impacts to the Work. In the event Owner disagrees with Contractor’s proposal, then Owner shall notify Contractor that Owner has decided to withdraw its requested change. Should Owner fail to respond to within such three (3) Business Day period, Owner shall be deemed to have withdrawn its requested change. Contractor, however, shall proceed as directed in writing by Owner pending such agreement on the Change Order or required response from Owner. Owner will not be liable to Contractor for any decrease in the Contract Price arising from a decrease in the Work. No change is effective without a Change Order signed by Owner. If Owner and Contractor cannot agree on the price for such Change Order, Owner may, at its option, direct Contractor to proceed with Owner’s requested addition or other change to the Work on a time and materials basis calculated, without contingency, on a Shared Information Basis based on the rates set forth in Exhibit V to the extent applicable plus a markup of eighteen percent (18%) for general and administrative expenses and profit. Contractor may not suspend, in whole or in part, performance of the Work during any dispute over any Change Order request or an Owner’s direction to proceed or during the review and negotiation of any Change Order based thereon (or any adjustment to the Contract Price or Milestone Schedul...