Common use of Unacceptable Proposals Clause in Contracts

Unacceptable Proposals. If prior to its acceptance of a proposed Component Change Order the CM/GC shall give notice to the Owner that the lowest responsible proposal received by the CM/GC from a Trade Contractor to perform the Work described in the proposed Change Order exceeds the CM/GC's Construction Cost Estimate for that Work, or that no responsible proposal for that Work has been received, then the CM/GC 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 CM/GC perform the Work with its own forces for the lump sum amount stated in the CM/GC's Construction Cost Estimate, which shall be the lump sum Change Order Sum. Any design fees and costs for a requested redesign approved by Owner shall be paid by CM/GC to the Design Professional through the Owner. The Owner, in its sole and absolute discretion, may reject either or both proposals made by CM/GC.

Unacceptable Proposals. If prior to its acceptance of a proposed Component Change Order the CM/GC CMR shall give notice to the Owner Board that the lowest responsible proposal received by the CM/GC CMR from a Trade Contractor to perform the Work described in the proposed Change Order exceeds the CM/GCCMR's Construction Cost Estimate for that Work, or that no responsible proposal for that Work has been received, then the CM/GC CMR 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 CM/GC CMR perform the Work with its own forces for the lump sum amount stated in the CM/GCCMR's Construction Cost Estimate, which shall be the lump sum Change Order Sum. Any design architectural fees and costs for a requested redesign approved by Owner Board shall be paid by CM/GC CMR to the Design Professional through the OwnerBoard. The OwnerBoard, in its sole and absolute discretion, may reject either or both proposals made by CM/GCCMR.