Common use of Unacceptable Proposals Clause in Contracts

Unacceptable Proposals. If prior to its acceptance of a proposed Component Change Order the Design-Builder shall give notice to the Owner that the lowest responsible proposal received by the Design-Builder from a Trade Contractor to perform the Work described in the proposed Change Order exceeds the Design-Builder's Construction Cost Estimate for that Work, or that no responsible proposal for that Work has been received, then the Design-Builder may propose to either (1) request a redesign of Construction Document governing the Component (so long as the redesign is a functional and quality equivalent); or (2) request that the Design-Builder perform the Work with its own forces for the lump sum amount stated in the Design-Builder's Construction Cost Estimate, which shall be the lump sum Change Order Sum. Any architectural fees and costs for a requested redesign approved by Owner shall be paid by Design-Builder to the Program Manager through the Owner. The Owner, in its sole and absolute discretion, may reject either or both proposals made by Design-Builder.

Appears in 13 contracts

Samples: Design Build Contract, Design Build Contract, Design Build Contract

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