Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract. 11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order. 11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order. 11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents. 11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment. 11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 32 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR▇▇▇, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto Owner and agreed by them Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and thatOwner. Therefore, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any minor errors, omissions or imperfections in such Drawings and Specificationsthe Specifications or Drawings, or any changes in or additions to same the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in the Owner’s Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 8 contracts
Sources: Construction Services Agreement, Construction Services Agreement, Construction Manager at Risk Agreement
Change Orders. A One or more changes to the work within the general scope of this Contract may be ordered by Change Order. The Contractor shall proceed with any such changes, and same shall be accomplished in strict accordance with the following terms and conditions:
(A) Change Order issued after execution of the Contract is shall mean a written order to the Contractor, signed Contractor executed by the ODROwner after execution of this Contract, the Contractor, and the A/E, authorizing directing a change in the Work or an adjustment work and may include a change in the Contract Sum Price or the Contract Time. The Contract Sum and time for the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewithContractor's performance, including the adjustment or any combination thereof;
(B) Any change in the Contract Sum and/or Price resulting from a Change Order shall be determined as follows:
(1) By mutual agreement between the Owner and the Contractor as evidenced by (a) the change in the Contract TimePrice being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order, or,
(2) If no mutual agreement occurs between the Owner and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct jobsite overhead and profit but shall not include home-office overhead or other indirect costs or components. Any such costs or savings shall be documented in the format and with such content and detail as the Owner requires.
(C) The ODR may issue written authorization for the Contractor to proceed with work execution of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, this Contract as thus amended, the Contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner may issue a Unilateral for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed Change Order that will have Order;
(D) The Contractor shall notify and obtain the full force consent and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the suretyContractor's surety with reference to all Change Orders if such notice, may order changes in consent or approvals are required by the Work within Owner, the general scope Contractor's surety or by law. The Contractor's execution of the Contract consisting Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of additions, deletions such Change Order and to have expressly consented thereto.
(E) The owner’s representative in this agreement is the project manager. No change orders or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work modifications to this agreement shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed effective unless in writing in a Change Order.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change OrderPurchasing Agent.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 6 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto Owner and agreed by them Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and thatOwner. Therefore, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any minor errors, omissions or imperfections in such Drawings and Specificationsthe Specifications or Drawings, or any changes in or additions to same the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in the Owner’s Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 4 contracts
Sources: Construction Services Agreement, Construction Contract, Construction Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR▇▇▇, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto and agreed by them Owner and Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner Owner. and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that Therefore, any minor errors, omissions or imperfections in such Drawings the Specifications and Specificationsor Drawings, or any changes in or additions to same such the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expensesexpenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.shall
Appears in 3 contracts
Sources: Design Build Contract, Design Build Contract, Design Build Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR▇▇▇, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto and agreed by them Owner and Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner Owner. and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that Therefore, any minor errors, omissions or imperfections in such Drawings the Specifications and Specificationsor Drawings, or any changes in or additions to same such the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expensesexpenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 2 contracts
Sources: Design/Build Agreement, Design/Build Agreement
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or Unilateral Change Order (ULCO), and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or ULCO.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to ContractorContractor for the changes in the Work described in the Change Order as permitted under Tex. Gov’t Code, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change OrderCh. 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his its duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Owner and Contractor Agreement
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the AArchitect/EEngineer, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewithwith it, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order change order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Construction Change Order Directive that will have the full force and effect of a contract modification. The issuance of a Unilateral Construction Change Order Directive does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the The parties hereto and agreed by them acknowledge that the Drawings specifications and Specifications drawings may not be complete or free from errors, omissions or imperfections and imperfections or that they may require changes or additions in order for the Work work to be completed to the satisfaction of Owner Owner. Therefore, and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, the parties agree that any errors, omissions or imperfections in such Drawings the specifications and Specificationsdrawings, or any changes in or additions to same them or to the Work work ordered by Owner and any resulting delays in the Work work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby . The parties agree that such the Change Order sum, together with any extension of time contained in said the Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise that are incident to, arising arise out of, or resulting result directly or indirectly from or indirectly from the work performed by Contractor under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that giving the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such any Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period right of access and examination described herein which relates to appeals shall continue for the duration of any claims brought under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the this Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODRCity, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR City may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner10.1.1 City, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 10.1.2 It is recognized by the parties hereto and agreed by them that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner City and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings Specifications and SpecificationsDrawings, or any changes in or additions to same or to the Work ordered by Owner City and any resulting delays in the Work or increases in Contractor’s costs and expensesexpenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided, however, that Owner City shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.
11.1.3 10.1.3 Procedures for administration of Change Orders shall be established by the Owner City and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no 10.1.4 No verbal order, oral verbal statement, or verbal direction of the Owner City or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The 10.1.5 Contractor agrees that the Owner City or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner City or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Design Build Services Agreement
Change Orders. (i) A Change Order issued after execution of the Contract is a written order amendment to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing this Contract directing a change in the Work or an adjustment in to be performed under the Contract, adjusting the Contract Sum or Sum, and/or adjusting the Contract Time, signed by Owner and Professional Service Provider, and provided to Contractor.
(ii) Owner reserves the right to order, in writing, changes in the Contract, alterations or additions to the Work, or omission of portions of the Work at any time prior to acceptance of the project, without voiding the Contract.
(iii) Contractor may submit a Change Order Request; Owner, however, reserves the right to reject any proposed Change Order Request. The Contract Sum All Change Order Requests shall be in writing, signed, and provided to Owner and Professional Service Provider. Change Order Requests shall include the Contract Time can only be changed by Change Orderreasons for the Request, and clearly state the proposed change in the Work, the sum or length of time requested, or all of the above. A Change Order signed by Request must be made within twenty (20) days after the reason for the Request is discovered. Failure to file a request for a Change Order Request within twenty (20) days constitutes a waiver of any future claim for which a Request could have been made.
(iv) Upon receipt of a written Change Order Request from Contractor, Owner and Professional Service Provider, shall determine, within ten (10) days after receipt of the Request, whether a Change Order shall be issued. If a Change Order is issued, it shall be in writing, signed, and provided to Contractor indicates his agreement therewithno later than ten (10) days after receipt of the request. If a Change Order is not issued, including Owner shall, no later than ten (10) days after receipt of its Request, notify Contractor of the adjustment denial and the reason(s) why it has denied Contractor’s Request.
(v) Changed work shall be performed in accordance with the original Contract requirements, to the extent those requirements do not conflict with the Change Order.
(vi) Any change or deviation from the Contract Sum and/or the Contract Time. The ODR may issue without written authorization will be at Contractor’s own risk for the which no payment, on a quantum meruit basis or otherwise, shall be made. Contractor expressly waives all equitable claims it might bring and any right to proceed with work equitable remedies it might seek related to disputes related to Work performed under this Contract.
(vii) Within forty-eight (48) hours after receipt of a denial of a Change Order in advance Request or receipt of final execution by all parties. In a Change Order from Owner, Contractor may object to the absence denial of an agreement with the Contractor on a Change Order or state any objection it has to a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect . Disposition of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work all objections shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together accordance with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.Subsection 9.K.
Appears in 1 contract
Sources: Construction Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.,
Appears in 1 contract
Sources: Design Build Contract
Change Orders. A In the event Owner desires to effect any Change Order issued after execution of during construction, whether the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause same would engender an increase or decrease in the Contractor’s cost ofContract Sum, Contractor shall not be required to do and perform, or time required forprovide, performance any additional work, services, and materials pursuant to any Change Order, or to delete any of the Contractsame from the Work, until Owner has actually executed each Change Order and if applicable, the same has become effective, as provided below. Contractor shall include with all proposed Change Orders an equitable adjustment shall be made explanation of (a) the time period within which it requires a decision from Owner on the Change Order, and confirmed in writing in (b) the anticipated impacts that will result from a failure of the Owner and Architect to act on a timely basis with respect to a Change Order.
11.1.2 It is recognized Order requested by the parties hereto Contractor. Owner, Architect and agreed by them that the Drawings Contractor shall act promptly and Specifications may not be complete or free from errorsdiligently in their decision making process with respect to all Change Order requests, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in acknowledges that any Change Order approved which constitutes a "Material Construction Contract Amendment" by reason of the criteria set forth in Section 5.2 of the Disbursement Agreement being applicable to such a Change Order will not be effective unless and signed by both partiesuntil the requirements set forth in Section 5.2 of the Disbursement Agreement are satisfied. Contractor agrees to satisfy any and all requirements within its control with respect to any Change Order which constitutes a "Material Construction Contract Amendment" under the terms of the Disbursement Agreement. Whenever, from time to time, the net effect of all Change Orders engenders an increase in the Contract Sum, Contractor shall have the right to require evidence of funds for payment, or such other assurance as Contractor deems satisfactory to it, in its reasonable discretion. Contractor agrees, however, that it being agreed hereby shall not unreasonably refuse to accept written advice from Owner certifying that such sum, together with any extension of time contained in previously non-allocated loan proceeds or amounts from the Project Contingency Fund will be made available to cover said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Construction Contract (Premier Finance Biloxi Corp)
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR▇▇▇, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto Owner and agreed by them Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and thatOwner. Therefore, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any minor errors, omissions or imperfections in such Drawings and Specificationsthe Specifications or Drawings, or any changes in or additions to same the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Design/Build Agreement
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto and agreed by them that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings Specifications and SpecificationsDrawings, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expensesexpenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether directas permitted under Tex. Gov’t Code, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change OrderCh. 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Job Order
Change Orders. A Change Order issued after execution of the Contract is a written order to the ContractorCM-at-Risk, signed by the ODR, the ContractorCM-at-Risk, and the AArchitect/EEngineer, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor CM-at-Risk indicates his agreement therewithwith it, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor CM-at-Risk to proceed with work of a Change Order change order in advance of final execution by all parties. In the absence of an agreement with the Contractor CM-at-Risk on a Change Order, the Owner may issue a Unilateral Construction Change Order Directive that will have the full force and effect of a contract modification. The issuance of a Unilateral Construction Change Order Directive does not prejudice the ContractorCM-at-Risk’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the suretyCM-at- Risk’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the ContractorCM-at-Risk’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the The parties hereto and agreed by them acknowledge that the Drawings specifications and Specifications drawings may not be complete or free from errors, omissions or imperfections and imperfections or that they may require changes or additions in order for the Work work to be completed to the satisfaction of Owner Owner. Therefore, and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, the parties agree that any errors, omissions or imperfections in such Drawings the specifications and Specificationsdrawings, or any changes in or additions to same them or to the Work work ordered by Owner and any resulting delays in the Work work or increases in ContractorCM-at-Risk’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of ContractorCM-at-Risk, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor CM-at-Risk for the sum stated to be due Contractor CM-at-Risk in any Change Order approved and signed by both parties, it being agreed hereby . The parties agree that such the Change Order sum, together with any extension of time contained in said the Change Order, shall constitute full compensation to Contractor CM-at-Risk for all costs, expenses and damages to ContractorCM-at-Risk, whether direct, consequential or otherwise in any wise that are incident to, arising arise out of, or resulting result directly or indirectly from or indirectly from the work performed by Contractor CM-at-Risk under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor CM-at-Risk to an adjustment.
11.1.5 The Contractor CM-at-Risk agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the ContractorCM-at-Risk. Further, the Contractor CM-at-Risk agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that giving the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such any Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period right of access and examination described herein which relates to appeals shall continue for the duration of any claims brought under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the this Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Solicitation Amendment
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Design Build Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto and agreed by them that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings Specifications and SpecificationsDrawings, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expensesexpenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum ▇▇▇ stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether directas permitted under Tex. Gov’t Code, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change OrderCh. 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Job Order
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR▇▇▇, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 10.9.
11.1.1 The 10.1.1 Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto 10.1.2 Owner and agreed by them Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and thatOwner. Therefore, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any minor errors, omissions or imperfections in such Drawings and Specificationsthe Specifications or Drawings, or any changes in or additions to same the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 10.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in the Owner’s Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no 10.1.4 No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The 10.1.5 Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Standard Agreement
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue a written authorization for the Contractor to proceed with work Work of a Change Order in advance of final execution by all parties. In the absence of an agreement parties in accordance with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the ContractSection 11.9.
11.1.1 The Owner, without invalidating the Contract, Contract and without prior approval of the suretyContractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change OrderOrder or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change OrderOrder or a ULCO.
11.1.2 It is recognized by the parties hereto and agreed by them Owner and Contractor acknowledge and agree that the Specifications and Drawings and Specifications may not be complete or free from errors, omissions and imperfections or and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner Owner. and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that Therefore, any minor errors, omissions or imperfections in such Drawings the Specifications and Specificationsor Drawings, or any changes in or additions to same such the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expensesexpenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruitContract, or otherwise; provided. However, howevershould the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise Contractor for the changes in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.
11.1.4 Except as provided above, no No verbal order, oral verbal statement, or verbal direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Construction Contract
Change Orders. A Change Order issued after execution of the Contract is a written order to the Contractor, signed by the ODR, the Contractor, and the A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. The ODR may issue written authorization for the Contractor to proceed with work of a Change Order in advance of final execution by all parties. In the absence of an agreement with the Contractor on a Change Order, the Owner may issue a Unilateral Change Order that will have the full force and effect of a contract modification. The issuance of a Unilateral Change Order does not prejudice the Contractor’s rights to make claims or to appeal disputed matters under terms of the Contract.
11.1.1 The Owner, without invalidating the Contract, and without prior approval of the surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order.
11.1.2 It is recognized by the parties hereto and agreed by them that the Drawings and Specifications may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Drawings and Specifications, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order.,
11.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated elsewhere in the Contract Documents.
11.1.4 Except as provided above, no order, oral statement, or direction of the Owner or his duly appointed representative shall be treated as a change under this article or entitle the Contractor to an adjustment.
11.1.5 The Contractor agrees that the Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. Further, the Contractor agrees to include in all its subcontracts a provision to the effect that the Subcontractor agrees that the Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from this Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
Appears in 1 contract
Sources: Construction Management Agreement