Change in the Work. A. Owner may, at any time and without notice to the CM/GC’s surety, order additions, deletions, revisions, or other changes in the Work. These changes in the Work shall be incorporated into the Contract Documents through the execution of Change Orders or, in circumstances when no Change Order is executed, through issuance by Owner of Construction Change Directives (CCD). If any change in the Work ordered by Owner causes an increase or decrease in the Contract Sum or the Contract Time, an adjustment shall be made as provided in section 7.02 or 7.03, respectively, and such adjustment(s) shall be incorporated into a Change Order. B. If Owner desires to order a change in the Work, it may request a written Change Order proposal from the CM/GC. The CM/GC shall submit a Change Order proposal within 14 days of the request from Owner, or within such other period as mutually agreed. The CM/GC’s Change Order proposal shall be full compensation for implementing the proposed change in the Work, including any adjustment in the Contract Sum or Contract Time, and including compensation for all delays in connection with such change in the Work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in the Work. C. Upon receipt of the Change Order proposal, or a request for adjustment in the Contract Sum or Contract Time, or both, as provided in sections 7.02 and 7.03, Owner may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the CM/GC. Pending agreement on the terms of the Change Order, Owner may direct the CM/GC to proceed immediately with the Change Order Work. The CM/GC shall not proceed with any change in the Work until it has obtained Owner’s written approval. All Work done pursuant to any Owner‐directed change in the Work shall be executed in accordance with the Contract Documents. D. If Owner and the CM/GC reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, such agreement shall be incorporated in a Change Order. The Change Order shall constitute full payment and final settlement of all claims for time and for direct, indirect, and consequential costs, including costs of delays, inconvenience, disruption of schedule, or loss of efficiency or productivity, related to any Work either covered or affected by the Change Order, or related to the events giving rise to the request for equitable adjustment. E. If Owner and the CM/GC are unable to reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, Owner may issue a CCD. If the CM/GC rejects Owner’s method of adjustment in the Contract Sum or Time stated in a CCD, or the parties are otherwise unable to reach agreement, the CM/GC’s only remedy shall be to file a Claim as provided in part 8.
Appears in 1 contract
Change in the Work. A. Changes in Work, Contract Sum, and Contract Time by Change Order: Owner may, at any time and without notice to the CM/GCContractor’s surety, order additions, deletions, revisions, or other changes in the Work. These changes in the Work shall be incorporated into the Contract Documents through the execution of Change Orders or, in circumstances when no Change Order is executed, through issuance by Owner of Construction Change Directives (CCD)Orders. If any change in the Work ordered by Owner causes an increase or decrease in the Contract Sum or the Contract Time, an equitable adjustment shall be made as provided in section 7.02 Section 7.2 or 7.037.2A, respectively, and such adjustment(s) shall be incorporated into a Change Order.
B. Owner may request COP from Contractor: If Owner desires to order a change in the Work, it may request a written Change Order proposal Proposal (COP) from the CM/GCContractor. The CM/GC Contractor shall submit a Change Order proposal Proposal within 14 days 7 Days of the request from Owner, or within such other period as mutually agreed. The CM/GCContractor’s Change Order proposal Proposal shall be full compensation for implementing the proposed change in the Work, including any adjustment in the Contract Sum or Contract Time, and including compensation for all delays in connection with such change in the Work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in the Work.
C. COP negotiations: Upon receipt of the Change Order proposalProposal, or a request for equitable adjustment in the Contract Sum or Contract Time, or both, as provided in sections 7.02 Sections 7.2 and 7.037.3, Owner may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the CM/GCContractor. Pending agreement on the terms of the Change Order, Owner may direct the CM/GC Contractor to proceed immediately with the Change Order Work. The CM/GC Contractor shall not proceed with any change in the Work until it has obtained Owner’s written approval. All Work done pursuant to any Owner‐directed Owner-directed change in the Work shall be executed in accordance with the Contract Documents.
D. If Owner and the CM/GC reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, such agreement shall be incorporated in a Change Order. The Change Order shall constitute full payment and final settlement of all claims for time and for direct, indirect, and consequential costs, including costs of delays, inconvenience, disruption of schedule, or loss of efficiency or productivity, related to any Work either covered or affected by the Change Order, or related to the events giving rise to the request for equitable adjustment.
E. If Owner and the CM/GC are unable to reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, Owner may issue a CCD. If the CM/GC rejects Owner’s method of adjustment in the Contract Sum or Time stated in a CCD, or the parties are otherwise unable to reach agreement, the CM/GC’s only remedy shall be to file a Claim as provided in part 8.
Appears in 1 contract
Sources: Invitation to Bid