Common use of XXXX’x Request for Change Clause in Contracts

XXXX’x Request for Change. If XXXX believes that a change in the Contract Documents, including any change in Contract Price or Contract Time, is appropriate, it shall submit, within 7 days of the event giving rise to the proposed change, a written request ("Request for Change") to Owner to issue a Change Order. Timely notice to Owner is essential to Owner’s identification, prioritization, and response to claimed changes, including any claimed delays, and XXXX’x failure to give Owner timely notice of such claims shall be presumed to be prejudicial to Owner. XXXX’x failure to submit a notice to Owner within 7 days after the date XXXX first recognized, or should have recognized in the exercise of ordinary care, any event giving rise to any proposed change shall constitute a waiver by XXXX of any request for or entitlement to an increase in the Contract Price or Contract Time. XXXX’x Request for Change shall include a description of the proposed change in the Contract Documents, the event or circumstance giving rise to the need for the change, and any proposed change in the Contract Price and/or Contract Time associated with the Request for Change. If the Request for Change includes a proposal to increase the Contract Time, XXXX shall include a description of: (1) the cause(s) for the proposed extension of time, including but not limited to causal events and responsible persons and organizations; (2) the dates (or anticipated dates) of performance of the changed work; (3) activities on the Accepted Construction Schedule affected by the change, any new activities created by the change, and their relationship with existing activities; (4) the anticipated extent of any claimed increase to the Contract Time; and (5) recommended action to avoid or minimize the increase. If Owner agrees that a change in the Contract Documents is appropriate, Owner may use the same options described in the "Lump Sum Change Orders" and "Time-and-Materials Change Orders" Sections below in response to XXXX'x Request for Change. XXXX waives all claims as to which it has not provided Owner with notice through a Request for Change in accordance with this Section. In the event of a claim or litigation arising from any disagreement involving XXXX'x Request for Change, XXXX'x compensation (if any) shall be limited to an amount calculated in accordance with the "Time-and- Materials Change Orders" Section below.

Appears in 3 contracts

Samples: Construction Contract, Construction Manager at Risk Construction Agreement, Construction Manager at Risk Construction Contract

AutoNDA by SimpleDocs

XXXX’x Request for Change. If XXXX believes that a change in the Contract Documents, including any change in Contract Price or Contract Time, is appropriate, it shall submit, within 7 days of the event giving rise to the proposed change, a written request ("Request for Change") to Owner to issue a Change Order. Timely notice to Owner is essential to Owner’s identification, prioritization, and response to claimed changes, including any claimed delays, and XXXX’x failure to give Owner timely notice of such claims shall be presumed to be prejudicial to Owner. XXXX’x failure to submit a notice to Owner within 7 days after the date XXXX first recognized, or should have recognized in the exercise of ordinary care, any event giving rise to any proposed change shall constitute a waiver by XXXX of any request for or entitlement to an increase in the Contract Price or Contract Time. XXXX’x Request for Change shall include a description of the proposed change in the Contract Documents, the event or circumstance giving rise to the need for the change, and any proposed change in the Contract Price and/or Contract Time associated with the Request for Change. If the Request for Change includes a proposal to increase the Contract Time, XXXX shall include a description of: (1) the cause(s) for the proposed extension of time, including but not limited to causal events and responsible persons and organizations; (2) the dates (or anticipated dates) of performance of the changed work; (3) activities on the Accepted Construction Project Schedule affected by the change, any new activities created by the change, and their relationship with existing activities; (4) the anticipated extent of any claimed increase to the Contract Time; and (5) recommended action to avoid or minimize the increase. If Owner agrees that a change in the Contract Documents is appropriate, Owner may use the same options described in the "Lump Sum Change Orders" and "Time-and-Materials Change Orders" Sections below in response to XXXX'x Request for Change. XXXX waives all claims as to which it has not provided Owner with notice through a Request for Change in accordance with this Section. In the event of a claim or litigation arising from any disagreement involving XXXX'x Request for Change, XXXX'x compensation (if any) shall be limited to an amount calculated in accordance with the "Time-and- and-Materials Change Orders" Section below.

Appears in 1 contract

Samples: Construction Services Contract

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!