Common use of Time and Material Clause in Contracts

Time and Material. Should the Owner or Construction Manager elect to have any extra Work performed on a time-and- material basis in lieu of Lump Sum Proposal or Unit Prices, and so notifies the Contractor in writing, the Contractor shall perform such Work at actual cost (without any charge for administration, clerical expense, supervision or superintendence of any nature whatever, including foremen, or the cost, use or rental of tools or plant) plus a maximum of 15% for overhead and profit. To this figure the Contractor may add Unemployment Insurance and Social Security taxes paid on labor required for the extra Work. Moreover, if the Contractor procures the performance of extra Work by others rather than its own employees, the Contractor shall not be entitled to greater payment than that to which it would have been entitled if it had itself furnished the labor and materials required in connection with the Work to be performed under this provision. The Contractor will submit to the Owner and Construction Manager daily time and material tickets. The time and materials tickets shall not be valid and Contractor shall not be entitled to payment for any such tickets unless they are signed by an authorized representative of the Owner or Construction Manager. These tickets will include the identification number assigned to this Work, the location and description of the Work, the classification of labor employed including workers' names and social security numbers, the material used, the equipment rented (not tools) and any other information ordered by the Owner and/or Construction Manager. All markup for overhead and profit under (a) (b) and (c) above shall be inclusive of any and all costs and expenses including, but not limited to, all overhead of whatever kind or nature, and all supervision, management, administration, estimating or other costs.

Appears in 4 contracts

Samples: esd.ny.gov, esd.ny.gov, esd.ny.gov

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