Written Versus Oral Change Orders Sample Clauses

Written Versus Oral Change Orders. Most construction contracts provide that the contractor shall not proceed with any extra or changed work until a written change order has been issued. It is not uncommon, however, for contractors, in an effort to keep the project on schedule, to perform extra work after receiving oral authorization and assurances that a written change order would be forthcoming. Most contractors have heard this: “Please go ahead with the extra work so as not to delay the project and we will send you a written change order when we have time to complete the paperwork.” This practice of performing extra work based on an oral authorization may be common, but it can also be very risky for the contractor, especially on a public contract. In a California case, a California appellate court ruled that any oral authorization to perform extra work was insufficient because the contract required all changes to be in writing. P&D Consultants, Inc. v. City of Carlsbad, 190 Cal. App. 4th 1332 (4th Dist. 2010). The owner’s prior actions in approving verbal change orders was of no avail for the contractor. The court ruled that any oral authorization by the City’s project manager for extra work beyond the work contemplated by the contract or the parties’ conduct in which they supposedly modified the written change order procedure based on the handling of Amendment Nos. 1 through 5, where the contractor commenced work as directed by the city project manager before receiving a written change order, was insufficient to bind the city. The court reversed a jury verdict for the contractor and stated that the plain language of the contract limits the City’s power to contract to the prescribed method. By relying on oral authorization or direction to begin or perform extra work without a written change order, the contractor acted at its peril. The purpose of including a written change order requirement in a municipal works contract is obviously to protect the public fisc from the type of situation that occurred here.
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Related to Written Versus Oral Change Orders

  • Step 3 – Contract Language Disputes (a) If a grievance concerning the interpretation or application of this Agreement, other than a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the grievant or designated representative may appeal the grievance by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950, or by email to: Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2. The grievance shall include a copy of the grievance forms submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. When the grievance is eligible for initiation at Step 3, the grievance shall be filed on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.

  • Contract Changes Changes may not be made in the terms and conditions of this contract without the agreement and written permission of the Director of Housing.

  • Technical Objections to Grievances It is the intent of both Parties of this Agreement that no grievance shall be defeated merely because of a technical error, other than time limitations in processing the grievance through the grievance procedure. To this end, an arbitration board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

  • Purchase Order Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the AN for catalog and non- catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply “flipping” the purchase order into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.

  • Change Orders Any alteration or deviation from the Services mentioned or any other contractual specifications that result in a revision of this Agreement shall be executed and attached to this Agreement as a change order (“Change Order”).

  • Technical Objections to Grievance No grievance will be defeated or denied by any minor technical objection.

  • Change Orders and Contract Amendments 33.1 The Procuring Entity may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following:

  • CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS In connection with any Contract modification, OGS reserves the right to:  request additional information  reject Contract modifications  remove Products from Contract modification requests  request additional discounts for new or existing Products

  • DISTRIBUTION OF CONTRACTOR PRICE LIST AND CONTRACT APPENDICES Contractor shall provide Authorized Users with electronic copies of the Contract, including price lists and Appendices, upon request. OGS CENTRALIZED CONTRACT MODIFICATIONS Contract Updates will be handled as provided in Appendix C – Contract Modification Procedures.

  • PURCHASE ORDERS AND INVOICING All invoices shall at a minimum, include the items listed below and any additional information identified in the Authorized User RFQ and resulting Authorized User Agreement:  Contract Number;  Contractor/Reseller Name;  NYS Vendor ID;  Manufacturer Part Number (SKU);  Product Name;  Product Description;  Quantity;  NYS Net Price for each Product;  Specific designation of special price(s) which may be better than the NYS Net Contract Price; and  Invoice Total.

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