Common use of Time and Material Clause in Contracts

Time and Material. If Owner and Contractor are unable to agree on the basis of pricing a Change Order pursuant to Sections 19.4.1 or 19.4.2 above, then Contractor shall be paid on a time and material basis in accordance with Section 19.4.4, provided that: (1) such costs are reasonably and properly incurred by Contractor; (2) such costs are documented as required in this Section 19.4.3; (3) such costs would not have been incurred but for the change in the Work; and, for those Requests for Change Orders under Section 19.3, (4) Contractor is entitled to relief for such Request for Change Order in accordance with the terms of this Contract. To be considered eligible for reimbursement, Contractor shall strictly comply with the following requirements: (a) Contractor shall collect and preserve concurrent time and materials data and records for all Work performed on a time and material basis. Contractor shall, on a daily basis, notify Owner of the scope of Work that is being performed on a time and material basis and, no later than 10:00 a.m. the following day present a summary of the time and material expended by Contractor for performing such activities. Owner will note any observations regarding the Work and countersign the time and material record sheet. Contractor shall, at the end of each week, or at such other intervals as Owner may direct, furnish to Owner the following information: (i) Countersigned daily time records for manual and non-manual labor showing the name of each employee performing the Work, the number of hours (with straight time and overtime hours identified separately) employed thereon, the individual’s duties, and the wage rate paid to the employee; (ii) The rates and amounts of workers’ compensation insurance premiums, and state and federal taxes based on such wages; (iii) Vacation allowances, union dues and assessments and health, welfare, employment and retirement benefits which the employer actually pays based on such wages; (iv) The amount and character of the Equipment and Materials furnished and/or installed in performing the Work, including the quantities installed on a daily basis; (v) Construction equipment and other apparatus owned or rented in performing the Work, from whom they were purchased or rented, the description of the Work performed by each equipment or apparatus, the operating and standby hours, the transportation costs and the equipment rates or the amount paid therefore; and (vi) Payments made to approved Subcontractors (with copies of Subcontractor invoices and supporting documentation as required under clauses (i) through (v) of this Section 19.4.3(a)). (b) Unless Owner requires a more frequent summary, Contractor shall provide a monthly summary of the labor, Equipment and Materials, construction equipment and other costs related to changes in the Work performed on a time and material basis. All Equipment and Materials, rented construction equipment and other rented apparatus charges, and payments made to Subcontractors shall be substantiated by valid copies of invoices and paid receipts from the applicable Subcontractor. The failure of Contractor to furnish the supporting documentation required under this Section 19.4.3(b) with respect to any particular labor, Equipment and Materials, construction equipment, apparatus or subcontract as required herein shall constitute a waiver by Contractor of its claim for payment based thereon.

Time and Material. If Owner and Contractor are unable to agree on the basis of pricing a Change Order pursuant to Sections 19.4.1 or 19.4.2 above, then Contractor shall be paid on a time and material basis in accordance with Section 19.4.4, provided that: (1) such costs are reasonably and properly incurred by Contractor; (2) such costs are documented as required in this Section 19.4.3; (3) such costs would not have been incurred but for the change in the Work; and, for those Requests for Change Orders under Section 19.3, (4) Contractor is entitled to relief for such Request for Change Order in accordance with the terms of this Contract. To be considered eligible for reimbursement, Contractor shall strictly comply with the following requirements: (a) Contractor shall collect and preserve concurrent time and materials data and records for all Work performed on a time and material basis. Contractor shall, on a daily basis, notify Owner of the scope of Work that is being performed on a time and material basis and, no later than 10:00 a.m. the following day present a summary of the time and material expended by Contractor for performing such activities. Owner will note any observations regarding the Work and countersign the time and material record sheet. Contractor shall, at the end of each week, or at such other intervals as Owner may direct, furnish to Owner the following information: (i) Countersigned daily time records for manual and non-non- manual labor showing the name of each employee performing the Work, the number of hours (with straight time and overtime hours identified separately) employed thereon, the individual’s duties, and the wage rate paid to the employee; (ii) The rates and amounts of workers’ compensation insurance premiums, and state and federal taxes based on such wages; (iii) Vacation allowances, union dues and assessments and health, welfare, employment and retirement benefits which the employer actually pays based on such wages; (iv) The amount and character of the Equipment and Materials materials furnished and/or installed in performing the Work, including the quantities installed on a daily basis; (v) Construction equipment and other apparatus owned or rented in performing the Work, from whom they were purchased or rented, the description of the Work performed by each equipment or apparatus, the operating and standby hours, the transportation costs and the equipment rates or the amount paid therefore; and (vi) Payments made to approved Subcontractors (with copies of Subcontractor invoices and supporting documentation as required under clauses (i) through (v) of this Section 19.4.3(a)). (b) Unless Owner requires a more frequent summary, Contractor shall provide a monthly summary of the labor, Equipment and Materialsequipment, construction equipment materials, and other costs related to changes in the Work performed on a time and material basis. All Equipment and Materialsmaterials, rented construction equipment and other rented apparatus charges, and payments made to Subcontractors shall be substantiated by valid copies of invoices and paid receipts from the applicable Subcontractor. The failure of Contractor to furnish the supporting documentation required under this Section 19.4.3(b) with respect to any particular labor, Equipment and Materials, construction equipment, apparatus or subcontract as required herein shall constitute a waiver by Contractor of its claim for payment based thereon.

Time and Material. If Owner and Contractor are unable to agree on the basis of pricing a Change Order pursuant to Sections 19.4.1 or 19.4.2 above, then Contractor shall be paid on a time and material basis in accordance with Section 19.4.4, provided that: (1) such costs are reasonably and properly incurred by Contractor; (2) such costs are documented as required in this Section 19.4.3; (3) such costs would not have been incurred but for the change in the Work; and, for those Requests for Change Orders under Section 19.3, (4) Contractor is entitled to relief for such Request for Change Order in accordance with the terms of this Contract. To be considered eligible for reimbursement, Contractor shall strictly comply with the following requirements: (a) Contractor shall collect and preserve concurrent time and materials data and records for all Work performed on a time and material basis. Contractor shall, on a daily basis, notify Owner of the scope of Work that is being performed on a time and material basis and, no later than 10:00 a.m. the following day present a summary of the time and material expended by Contractor for performing such activities. Owner will note any observations regarding the Work and countersign the time and material record sheet. Contractor shall, at the end of each week, or at such other intervals as Owner may direct, furnish to Owner the following information: (i) Countersigned daily time records for manual and non-manual labor showing the name of each employee performing the Work, the number of hours (with straight time and overtime hours identified separately) employed thereon, the individual’s duties, and the wage rate paid to the employee; (ii) The rates and amounts of workers’ compensation insurance premiums, and state and federal taxes based on such wages; (iii) Vacation allowances, union dues and assessments and health, welfare, employment and retirement benefits which the employer actually pays based on such wages; (iv) The amount and character of the Equipment and Materials materials furnished and/or installed in performing the Work, including the quantities installed on a daily basis; (v) Construction equipment and other apparatus owned or rented in performing the Work, from whom they were purchased or rented, the description of the Work performed by each equipment or apparatus, the operating and standby hours, the transportation costs and the equipment rates or the amount paid therefore; and (vi) Payments made to approved Subcontractors (with copies of Subcontractor invoices and supporting documentation as required under clauses (i) through (v) of this Section 19.4.3(a)). (b) Unless Owner requires a more frequent summary, Contractor shall provide a monthly summary of the labor, Equipment and Materialsequipment, construction equipment materials, and other costs related to changes in the Work performed on a time and material basis. All Equipment and Materialsmaterials, rented construction equipment and other rented apparatus charges, and payments made to Subcontractors shall be substantiated by valid copies of invoices and paid receipts from the applicable Subcontractor. The failure of Contractor to furnish the supporting documentation required under this Section 19.4.3(b) with respect to any particular labor, Equipment and Materials, construction equipment, apparatus or subcontract as required herein shall constitute a waiver by Contractor of its claim for payment based thereon.