Sole Source as Grounds for Rejection of Construction Document Change Order Sample Clauses

Sole Source as Grounds for Rejection of Construction Document Change Order. If after the acceptance of the GMP Change Order a proposed Construction Document Change Order is submitted to CM/GC for the purposes of adding Construction Documents to this Contract necessary to revise the Program in accordance with the assumptions stated in the GMP Change Order in response to Paragraph 4.1.3.2.2, and said Construction Documents designate a “Sole Source” (as defined herein) from which CM/GC is required to procure goods or services necessary to perform the Work, which sole source has not been designated previously, CM/GC shall, in addition to the grounds enumerated above, be entitled to reject the proposed Construction Document Change Order if (1) the designated Sole Source is a Trade Contractor and it refuses to provide to CM/GC performance and payment bonds for the Trade Contract Sum in substantially the form set forth in Section 5; or (2) the designated Sole Source is a Trade Contractor or Trade Supplier and it refuses to provide CM/GC warranties required under this Contract, including any warranty required by Construction Documents referenced in the proposed Construction Document Change Order. In such event, CM/GC shall give written notice to the Owner rejecting the proposed Construction Document Change Order and shall accompany said written notice with a proposal from CM/GC for changes or modifications in the referenced Construction Documents so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner shall then require the Design Professional to revise the subject Construction Documents so as to eliminate the designation of the Sole Source by incorporation of CM/GC's proposal or otherwise. Upon revision of the Construction Documents by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the CM/GC a proposed Construction Document Change Order for the purpose of adding the revised Construction Documents to this Contract. CM/GC shall be entitled to an extension of the Date of Final Completion but not an increase in any component of the Guaranteed Maximum Price by reason of its rejection of a proposed Construction Document Change Order under this Paragraph or by reason of any redesign by the Design Professional required under this Paragraph.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Sole Source as Grounds for Rejection of Construction Document Change Order. If after the acceptance of the GMP Change Order and during the preparation of a proposed Construction Document Change Order if said Construction Documents designate a “Sole Source” (as defined herein) from which CMR is required to procure goods or services necessary to perform the Work, which sole source has not been designated previously, CMR shall, in addition to the grounds enumerated above, be entitled to reject the proposed Construction Document Change Order if
Sample 1Sample 2Sample 3
Sole Source as Grounds for Rejection of Construction Document Change Order. If after the acceptance of the GMP Change Order and during the preparation of a proposed Construction Document Change Order if said Construction Documents designate a “Sole Source” (as defined herein) from which CM/GC is required to procure goods or services necessary to perform the Work, which sole source has not been designated previously, CM/GC shall, in addition to the grounds enumerated above, be entitled to reject the proposed Construction Document Change Order if (1) the designated Sole Source is a Trade Contractor and it refuses to provide to CM/GC performance and payment bonds for the Trade Contract Sum in substantially the form set forth in Section 7; or (2) the designated Sole Source is a Trade Contractor or Trade Supplier and it refuses to provide CM/GC warranties required under this Contract, including any warranty required by Construction Documents referenced in the proposed Construction Document Change Order. In such event, CM/GC shall give written notice to the Owner rejecting the proposed Construction Document Change Order and shall accompany said written notice with a proposal from CM/GC for changes or modifications in the referenced Construction Documents so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner shall then require the Design Professional to revise the subject Construction Documents so as to eliminate the designation of the Sole Source by incorporation of CM/GC's proposal or otherwise. Upon revision of the Construction Documents by the Design Professional and approval thereof by the Owner, the CM/GC shall again prepare a proposed Construction Document Change Order for the purpose of adding the revised Construction Documents to this Contract.
Sample 1

Related to Sole Source as Grounds for Rejection of Construction Document Change Order

  • Identification of Construction Documents The Design Professional shall identify the Construction Documents, which shall include, but are not limited to, the Specifications, the Drawings, and all Addenda. The Construction Documents are included within the Contract Documents.

  • Execution of Change Orders Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article 1.4.4) or significant impact to the Overall Project Schedule, the Owner shall direct the Change Order to proceed upon a Force Account until the cost and time is resolved in the manner set forth in Paragraph 3.2.7.3 below.

  • Effect of GMP Change Order The Preconstruction Phase cannot extend beyond the execution of the GMP Change Order. By definition, all services provided after the execution of the GMP Change Order are Construction Phase Services and are included in the GMP.

  • Intellectual Property Rights in Construction Documents, Drawings, and Models The drawings, Specifications and other documents prepared by the Design Professional pursuant to this Contract (including, without limitation, the Construction Documents), are the property of the Owner, whether or not the Project for which they are made commences or completes construction. Neither the Contractor nor any Subcontractor or material or equipment supplier shall own or claim a copyright in such drawings, Specifications, and other similar or related documents; Owner shall retain all common law, statutory, and other intellectual property rights with respect thereto. The Contractor must deliver remaining copies of such documents to the Owner upon request or upon completion of the Work, except that the Contractor may keep one copy of such documents for its files. The Contractor shall only use such drawings, Specifications and other documents for this Project. Neither the Contractor nor any Subcontractor or material or equipment supplier may use such drawings, Specifications, and other documents on other projects without the specific written consent of the Owner. All models are the property of the Owner.

  • Early Construction of Base Case Facilities Developer may request Connecting Transmission Owner to construct, and Connecting Transmission Owner shall construct, subject to a binding cost allocation agreement reached in accordance with Attachment S to the NYISO OATT, including Section 25.8.7 thereof, using Reasonable Efforts to accommodate Developer’s In-Service Date, all or any portion of any System Upgrade Facilities or System Deliverability Upgrades required for Developer to be interconnected to the New York State Transmission System which are included in the Base Case of the Facilities Study for the Developer, and which also are required to be constructed for another Developer, but where such construction is not scheduled to be completed in time to achieve Developer’s In-Service Date.

Time is Money Join Law Insider Premium to draft better contracts faster.