Common use of Work Changes Clause in Contracts

Work Changes. (a) Within 10 days after written request from Contractor (or within such other time as is specified in such request), Subcontractor shall submit to Contractor its proposal (with computations and supporting data in such detail as Contractor requires) for eliminations of, changes in, or additions to the Work thereby requested, stating: (i) a proposed lump sum amount for such Work, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractor; (ii) unit prices therefor, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (iii) Subcontractor’s documented estimate of the direct cost of labor and material required to perform the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct cost of labor and materials incurred to perform the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub- subcontractor); (iv) deductions to be allowed from the Contract Price for Work, if any, eliminated; and (v) additional time, if any, requested for the completion of such additional or changed Work. 15(b) On receipt of such proposal, Contractor may issue a change order directing Subcontractor to proceed with the changed work, and either (A) authorizing an adjustment in the Contract Price therefor on anyone of the bases set forth in clauses (i) to (iv), inclusive, of Section 15(a) (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus a total of 10% (unless otherwise stated in Section 1) for overhead and profit. Such change order shall also specify the deductions, if any, from the Contract Price for eliminations and additional time, if any, allowed. 15(c) Subcontractor, within two business days after such change order is issued, by written notice to Contractor, may object to any determinations of price adjustment and additional time which are not in accordance with its proposal (or any revised proposal submitted at Contractor's request), in which event the matter so objected to shall be finally determined under Section 31, Disputes. Otherwise, the change order shall be final and binding on Subcontractor. 15(d) If Subcontractor does not submit the proposal within the time specified in Section 15(a), Contractor may issue such change order, directing the work to be done on the cost plus percentage basis, specified in clause (B) of Section 15(b), and specifying the amount of any deduction from the Contract Price for eliminations and any additional time allowed for such work, and such change order shall be final and binding upon Subcontractor. 15(e) Unless Contractor otherwise directs, Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether it is objecting to the Contract Price adjustments or time allowance, if any, specified therein.

Appears in 1 contract

Samples: Subcontract Agreement

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Work Changes. 14.1 Within ten (a10) Within 10 days after a written request from Contractor Applicable Xxxxx Entity (or within such other time as is specified in such request), Subcontractor shall submit to Contractor its Applicable Xxxxx Entity the Subcontractor’s proposal (with computations and supporting data in such detail as Contractor requiresmay be requested by Applicable Xxxxx Entity or required by the Subcontract Documents) for eliminations of, changes in, or and additions to Subcontract Work or for any deviations from the Work Subcontract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by Applicable Xxxxx Entity: (iA) a proposed lump sum amount for such Work, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractorwork; (iiB) unit prices thereforfor such work, in addition to any unit prices applicable thereto already specified hereinin a Work Order, including estimated quantities and computations; (iiiC) Subcontractor’s documented estimate the fixed fee proposed if Applicable Xxxxx Entity elects that the work is to be done on the basis of the direct cost of direct labor and material required to perform plus a fixed fee; (D) the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct percentage of cost of labor and materials incurred to perform the change plus the applicable markup percentage proposed for overhead and profit if Applicable Xxxxx Entity elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage specified in by the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub- subcontractor)Contract; (ivE) deductions to be allowed from the Contract Subcontract Price for Workwork, if any, eliminatedeliminated or substitutions made; and (vF) additional time, if any, requested for the completion of such additional or changed Workwork. 15(b) 14.2 On receipt of such proposal, Contractor Applicable Xxxxx Entity may issue a change written order directing Subcontractor to proceed with the changed work, and either either (A) authorizing an adjustment in the Contract Subcontract Price therefor on anyone any one of the bases set forth in clauses (iA) to (iv), inclusive, D) of Section 15(a) 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus a total of 10% thereof (unless otherwise stated or, if the authorized change is also part of a change order between Applicable Xxxxx Entity and Owner, such other percentage as is specified in Section 1the Prime Contract) for overhead and profitprofit combined. Such change order shall also specify the deductionsdeduction, if any, from the Contract Subcontract Price for eliminations or substitutions and additional time, if any, allowed. All changes in the Subcontract Work ordered by Applicable Xxxxx Entity shall be deemed to be part of the Subcontract Work and shall be performed and furnished in accordance with all of the terms and conditions of the Subcontract Documents. 15(c14.3 If Subcontractor notifies Applicable Xxxxx Entity in writing within forty-eight (48) Subcontractor, within two business days hours after such change order is issued, by written notice to Contractor, may object issued objecting to any determinations of price adjustment and additional or time adjustment which are is not in accordance with its proposal (or any revised proposal submitted at Contractor's Applicable Xxxxx Entity’s request)) and the Parties do not agree upon the order within thirty (30) days thereafter, in which event the matter so objected to such objection shall be finally determined under resolved pursuant to the provisions of Section 31, Disputes30. OtherwiseIf no written objection is made within forty-eight (48) hours after the order is issued, the change order shall be final and binding on upon Subcontractor. 15(d) 14.4 If Subcontractor does not submit the its proposal within the time specified in Section 15(a)14.1, Contractor Applicable Xxxxx Entity may issue such change order, an order directing the work to be done on the cost plus percentage basis, basis specified in clause (B) of Section 15(b)14.2, and specifying the amount of any deduction from the Contract Subcontract Price for eliminations or substitutions and any additional time allowed for such the work, and such change . Such order shall be final and binding upon Subcontractor. 15(e) Unless Contractor otherwise directs, 14.5 Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether it is objecting Subcontractor objects to the Contract Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing the Subcontract Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to Applicable Xxxxx Entity’s Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies Applicable Xxxxx Entity in writing within five (5) days after such statement is returned to Subcontractor by Applicable Xxxxx Entity objecting to the Project Manager’s correction thereof and the Parties do not agree upon an adjustment within thirty (30) days thereafter, the matter shall be resolved pursuant to the provisions of Section 30. If no written objection is made within five (5) days after return of the statement to Subcontractor, the Project Manager’s determination shall be final and binding upon Subcontractor. 14.7 Subcontractor shall not proceed with a change in the Subcontract Work unless and until (A) a change order has been executed by Applicable Xxxxx Entity and Subcontractor or (B) Applicable Xxxxx Entity has directed Subcontractor to proceed with the change in accordance with this Section 14. 14.8 After a change order has been executed by Applicable Xxxxx Entity and Subcontractor, there shall be no subsequent adjustment based upon the effect or impact of the change contemplated thereby, nor shall Subcontractor be entitled to any further time or compensation based upon the cumulative effect of multiple change orders.

Appears in 1 contract

Samples: Master Trade Agreement

Work Changes. (a) 14.1 Within 10 days after a written request from Contractor Great Lakes (or within such other time as is specified in such request), Subcontractor shall submit to Contractor Great Lakes its proposal (with computations and supporting data in such detail as Contractor requiresmay be requested by Great Lakes or required by the Contract Documents) for eliminations of, changes in, or and additions to Subcontractor’s Work or for any deviations from the Work plans and specifications or substitution of materials (including “or equal” materials) thereby requested, stating: (i) a proposed lump sum amount for such Work, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractorwork; (ii) unit prices therefortherefore, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (iii) Subcontractor’s documented estimate the fixed fee proposed if Great Lakes elects that the work is to be done on the basis of the direct cost of direct labor and material required to perform plus a fixed fee; (iv) the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct percentage of cost of labor and materials incurred to perform the change plus the applicable markup percentage proposed for overhead and profit specified if Great Lakes elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required by the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub- subcontractor)Documents; (ivv) deductions to be allowed from the Contract Subcontractor Price for Workwork, if any, eliminatedeliminated or substitutions made; and (vvi) additional time, if any, requested for the completion of such additional or changed Workwork. 15(b) 14.2 On receipt of such proposal, Contractor Great Lakes may issue a written change order directing Subcontractor to proceed with the changed work, and either either (A1) authorizing an adjustment in the Contract Subcontract Price therefor on anyone any one of the bases basis set forth in clauses (i1) to (iv), inclusive, inclusive of Section 15(a) 14.1 (or partly on a unit price and partly on a fee basis), or (B2) directing that the work to be done at Subcontractor's ’s cost of to direct labor and of materials plus a total of 10% thereof (unless otherwise stated or, if the authorized change is also part of a change order between Great Lakes and the Owner, such other percentage as is specified in Section 1the Contract Documents) for overhead and profit. Such change order shall also specify the deductionsdeduction, if any, from the Contract Subcontract Price for eliminations or substitutions and additional time, if any, allowed. 15(c) . All changes in Subcontractor, within two business days after such change order is issued, ’s Work ordered by written notice Great Lakes shall be deemed to Contractor, may object to any determinations be part of price adjustment Subcontractor’s Work and additional time which are not shall be performed and furnished in accordance with its proposal (or any revised proposal submitted at Contractor's request), in which event all of the matter so objected to shall be finally determined under Section 31, Disputes. Otherwise, terms and conditions of this Agreement and the change order shall be final and binding on SubcontractorContract Documents. 15(d) 14.3 If Subcontractor does not submit the its proposal within the time specified in Section 15(a)14.1, Contractor Great Lakes may issue such change order, directing the work to be done on the cost plus percentage basis, basis specified in clause (B2) of Section 15(b)14.2, and specifying the amount of any deduction from the Contract Subcontract Price for eliminations or substitutions and any additional time allowed for such the work, and such change order shall be final and binding upon Subcontractor. 15(e) Unless Contractor otherwise directs, 14.4 Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether it Subcontractor is objecting to the Contract Subcontract Price adjustments or time allowance, if any, specified therein. 14.5 If the change order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment (calculated pursuant to Section 14.6) and the net cost of direct labor physically performing Subcontractor’s Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers’ compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to Great Lakes’ Superintendent or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies Great Lakes within five (5) days objecting to the Superintendent’s correction thereof and the parties do not agree upon an adjustment within 30 days thereafter, Subcontractor may apply to have the matter settled under the provisions of Section 30; otherwise the Superintendent’s determination shall be final and binding upon the Subcontractor. 14.6 For work to be performed on a cost plus basis, rental charges for equipment shall be consistent with the following: (i) With respect to equipment owned and furnished by Subcontractor, rental charges shall be pursuant to Contract Documents but, in any event, shall not exceed 80% of the published rates based upon “Compilation of Nationally Averaged Rental Rates,” most recent edition, of the Associated Equipment Distributors; and (ii) with respect to equipment rented by Subcontractor from third parties, rental charges shall be at invoiced cost, which shall not exceed the current prevailing rental cost of such equipment in the county where the work is being performed. 14.7 No claim for extra work shall be made unless a written change order therefore in accordance with the provisions of this Section 14 is made prior to the execution of such extra work by Subcontractor. 14.8 Unless Subcontractor makes timely objection as provided herein, each change order issued by Great Lakes shall be final and conclusive as to the amount of compensation and/or additional time to be received by Subcontractor for the work or change covered by that change order. After a change order becomes final, there shall be no subsequent adjustment based upon the effect or impact of the change contemplated thereby, nor shall Subcontractor be entitled to any further time or compensation based upon the cumulative effect of multiple change orders.

Appears in 1 contract

Samples: Subcontract Agreement

Work Changes. 14.1 Within ten (a10) Within 10 days after a written request from Contractor Xxxxxxxxx (or within such other time as is specified in such request), Subcontractor shall submit to Contractor its Xxxxxxxxx the Subcontractor’s proposal (with computations and supporting data in such detail as Contractor requiresmay be requested by Xxxxxxxxx or required by the Subcontract Documents) for eliminations of, changes in, or and additions to Subcontract Work or for any deviations from the Work Subcontract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by Xxxxxxxxx: (iA) a proposed lump sum amount for such Work, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractorwork; (iiB) unit prices thereforfor such work, in addition to any unit prices applicable thereto already specified hereinin a Work Order, including estimated quantities and computations; (iiiC) Subcontractor’s documented estimate the fixed fee proposed if Xxxxxxxxx elects that the work is to be done on the basis of the direct cost of direct labor and material required to perform plus a fixed fee; (D) the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct percentage of cost of labor and materials incurred to perform the change plus the applicable markup percentage proposed for overhead and profit if Xxxxxxxxx elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage specified in by the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub- subcontractor)Contract; (ivE) deductions to be allowed from the Contract Subcontract Price for Workwork, if any, eliminatedeliminated or substitutions made; and (vF) additional time, if any, requested for the completion of such additional or changed Workwork. 15(b) 14.2 On receipt of such proposal, Contractor Xxxxxxxxx may issue a change written order directing Subcontractor to proceed with the changed work, and either either (A) authorizing an adjustment in the Contract Subcontract Price therefor on anyone any one of the bases set forth in clauses (iA) to (iv), inclusive, D) of Section 15(a) 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus a total of 10% thereof (unless otherwise stated or, if the authorized change is also part of a change order between Xxxxxxxxx and the Owner, such other percentage as is specified in Section 1the Prime Contract) for overhead and profitprofit combined. Such change order shall also specify the deductionsdeduction, if any, from the Contract Subcontract Price for eliminations or substitutions and additional time, if any, allowed. All changes in the Subcontract Work ordered by Xxxxxxxxx shall be deemed to be part of the Subcontract Work and shall be performed and furnished in accordance with all of the terms and conditions of the Subcontract Documents. 15(c14.3 If Subcontractor notifies Xxxxxxxxx in writing within forty-eight (48) Subcontractor, within two business days hours after such change order is issued, by written notice to Contractor, may object issued objecting to any determinations of price adjustment and additional or time adjustment which are is not in accordance with its proposal (or any revised proposal submitted at Contractor's Xxxxxxxxx’x request)) and the Parties do not agree upon the order within thirty (30) days thereafter, in which event the matter so objected to such objection shall be finally determined under resolved pursuant to the provisions of Section 31, Disputes30. OtherwiseIf no written objection is made within forty- eight (48) hours after the order is issued, the change order shall be final and binding on upon Subcontractor. 15(d) 14.4 If Subcontractor does not submit the its proposal within the time specified in Section 15(a)14.1, Contractor Xxxxxxxxx may issue such change order, an order directing the work to be done on the cost plus percentage basis, basis specified in clause (B) of Section 15(b)14.2, and specifying the amount of any deduction from the Contract Subcontract Price for eliminations or substitutions and any additional time allowed for such the work, and such change . Such order shall be final and binding upon Subcontractor. 15(e) Unless Contractor otherwise directs, 14.5 Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether it is objecting Subcontractor objects to the Contract Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing the Subcontract Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to Xxxxxxxxx’x Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies Xxxxxxxxx in writing within five (5) days after such statement is returned to Subcontractor by Xxxxxxxxx objecting to the Project Manager’s correction thereof and the Parties do not agree upon an adjustment within thirty

Appears in 1 contract

Samples: Master Trade Agreement

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Work Changes. 14.1 Within ten (a10) Within 10 days after a written request from Contractor Xxxxx (or within such other time as is specified in such request), Subcontractor shall submit to Contractor Xxxxx its proposal (with computations and supporting data in such detail as Contractor requiresmay be requested by Xxxxx or required by the Contract Documents) for eliminations of, changes in, or and additions to Subcontractor's Work or for any deviations from the Work Contract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by Xxxxx: (iA) a proposed lump sum amount for such Work, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractorwork; (iiB) unit prices thereforfor such work, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (iiiC) Subcontractor’s documented estimate the fixed fee proposed if Xxxxx elects that the work is to be done on the basis of the direct cost of direct labor and material required to perform plus a fixed fee; (D) the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct percentage of cost of labor and materials incurred to perform the change plus the applicable markup percentage proposed for overhead and profit specified if Xxxxx elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required by the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub- subcontractor)Documents; (ivE) deductions to be allowed from the Contract Subcontract Price for Workwork, if any, eliminatedeliminated or substitutions made; and (vF) additional time, if any, requested for the completion of such additional or changed Workwork. 15(b) 14.2 On receipt of such proposal, Contractor Xxxxx may issue a change written order directing Subcontractor to proceed with the changed work, and either either (A) authorizing an adjustment in the Contract Subcontract Price therefor on anyone any one of the bases set forth in clauses (iA) to (iv), inclusive, D) of Section 15(a) 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus a total of 10% thereof (unless otherwise stated in Section 1) for overhead and profit. Such change order shall also specify the deductionsor, if any, from the Contract Price for eliminations and additional time, if any, allowed.authorized change is also part of a 15(c14.3 If Subcontractor notifies Xxxxx within forty-eight (48) Subcontractor, within two business days hours after such change order is issued, by written notice to Contractor, may object issued objecting to any determinations of price adjustment and additional or time adjustment which are is not in accordance with its proposal (or any revised proposal submitted at Contractor's Xxxxx’Xxxxx' request)) and the parties do not agree upon the order within thirty (30) days thereafter, in which event the matter so objected to such objection shall be finally determined under resolved pursuant to the provisions of Section 31, Disputes30. OtherwiseIf no objection is made within forty-eight (48) hours after the order is issued, the change order shall be final and binding on upon Subcontractor. 15(d) 14.4 If Subcontractor does not submit the its proposal within the time specified in Section 15(a)14.1, Contractor Xxxxx may issue such change order, an order directing the work to be done on the cost plus percentage basis, basis specified in clause (B) of Section 15(b)14.2, and specifying the amount of any deduction from the Contract Subcontract Price for eliminations or substitutions and any additional time allowed for such the work, and such change . Such order shall be final and binding upon Subcontractor. 15(e) Unless Contractor otherwise directs, 14.5 Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether it Subcontractor is objecting to the Contract Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing Subcontractor's Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to Xxxxx’Xxxxx' Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies Xxxxx within five (5) days after such statement is returned to Subcontractor by Xxxxx objecting to the Superintendent's correction thereof and the parties do not agree upon an adjustment within thirty

Appears in 1 contract

Samples: Subcontract Agreement

Work Changes. 14.1 Within ten (a10) Within 10 days after a written request from Contractor Xxxxx (or within such other time as is specified in such request), Subcontractor shall submit to Contractor Xxxxx its proposal (with computations and supporting data in such detail as Contractor requiresmay be requested by Xxxxx or required by the Contract Documents) for eliminations of, changes in, or and additions to Subcontractor's Work or for any deviations from the Work Contract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by Xxxxx: (iA) a proposed lump sum amount for such Work, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractorwork; (iiB) unit prices thereforfor such work, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (iiiC) Subcontractor’s documented estimate the fixed fee proposed if Xxxxx elects that the work is to be done on the basis of the direct cost of direct labor and material required to perform plus a fixed fee; (D) the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct percentage of cost of labor and materials incurred to perform the change plus the applicable markup percentage proposed for overhead and profit specified if Xxxxx elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required by the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub- subcontractor)Documents; (ivE) deductions to be allowed from the Contract Subcontract Price for Workwork, if any, eliminatedeliminated or substitutions made; and (vF) additional time, if any, requested for the completion of such additional or changed Workwork. 15(b) 14.2 On receipt of such proposal, Contractor Xxxxx may issue a change written order directing Subcontractor to proceed with the changed work, and either either (A) authorizing an adjustment in the Contract Subcontract Price therefor on anyone any one of the bases set forth in clauses (iA) to (iv), inclusive, D) of Section 15(a) 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus a total of 10% at 14.3 If Subcontractor notifies Xxxxx within forty-eight (unless otherwise stated in Section 148) for overhead and profit. Such change order shall also specify the deductions, if any, from the Contract Price for eliminations and additional time, if any, allowed. 15(c) Subcontractor, within two business days hours after such change order is issued, by written notice to Contractor, may object issued objecting to any determinations of price adjustment and additional or time adjustment which are is not in accordance with its proposal (or any revised proposal submitted at Contractor's Xxxxx' request)) and the parties do not agree upon the order within thirty (30) days thereafter, in which event the matter so objected to such objection shall be finally determined under Section 31, Disputes. Otherwise, resolved pursuant to the change order shall be final and binding on Subcontractor. 15(d) If Subcontractor does not submit the proposal within the time specified in Section 15(a), Contractor may issue such change order, directing the work to be done on the cost plus percentage basis, specified in clause (B) provisions of Section 15(b), and specifying the amount of any deduction from the Contract Price for eliminations and any additional time allowed for such work, and such change order shall be final and binding upon Subcontractor. 15(e) Unless Contractor otherwise directs, Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether it 30. If no objection is objecting to the Contract Price adjustments or time allowance, if any, specified therein.made within forty-eight

Appears in 1 contract

Samples: Subcontract Agreement

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