Changes in the Work. 6.1 Subcontractor shall make any and all changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. 6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. 6.3 Payment for changed work shall be made in accordance with Section 4. 6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor. 6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements. 6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work. 6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 5 contracts
Sources: Subcontract, Subcontract, Subcontract
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price contract price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after such work was performedis performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit claim within the change and claim ten (10) days constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 5 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 10.1 Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner’s express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the addition or deletion, Subcontractor increase shall nonetheless timely perform be limited to the work as changed by Contractor's written directionreasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. Once In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor receives or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's written direction, Subcontractor is solely responsible for timely performance books and records to verify the accuracy of the work as changed by the written directionContractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change.
6.3 Payment for changed work 10.6 The Project Manager shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work Work not involving an adjustment to deviate from the Contract Documents without Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written direction from Contractororder. If Subcontractor makes any Such changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from binding on the Contractor.
6.4.1 Unless agreed 10.7 Any modifications to otherwise, any changes this Contract shall be in compliance with the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require County procurement ordinance and policies and Administrative Procedures in effect at the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementssuch modifications are authorized.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 4 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement
Changes in the Work. 6.1 Subcontractor shall make (a) Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and all changes without notice to the work described Surety or Sureties who issued Subcontractor’s bonds, make changes in the Contract Documents and this Agreement as directed by Contractor work to be performed hereunder, within the general scope hereof. If such changes cause an increase or decrease in writing. Such change the cost of the work or written direction in the required time for its performance, an equitable adjustment shall not invalidate this Agreement.
6.2 If necessary, and in accordance with be made subject to the other provisions conditions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeParagraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any claimed work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made Contractor in accordance with Section 4the change and dispute provisions of this Subcontract and, if applicable, the Prime Contract Documents.
6.4 (b) Subcontractor shall not make any no changes in the work described nor shall it be entitled to any additional compensation unless first authorized in Section 2 a change order signed by Contractor’s Project Manager.
(c) No increase in compensation of the Subcontractor or extension of time for performance shall be allowed for change order work unless the Subcontractor makes application therefor, in any way cause or allow that work writing, to deviate Contractor within seven (7) days from the date on which Subcontractor receives a notification of change in the work, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the terms of the Contract Documents without written direction from ContractorDocuments, whichever is earlier), whether the notification instructs Subcontractor to proceed or not-to-proceed with the work. Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays. If Subcontractor makes any changes does not submit an application in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In additionthis time period, Subcontractor shall be deemed to waive and release any claim for additional compensation and additional time required for the performance of work. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in the change order with no adjustment to Subcontractor’s compensation or time required for the performance of the work.
(d) Notwithstanding any other provision of this Subcontract, to the maximum extent allowed by applicable law, Contractor will be liable to Subcontractor for any delay, disruption, loss of productivity, interference, acceleration or other damages to Subcontractor, resulting from or arising out of: (1) any acts or omissions by Owner, Architect, third-party utilities, governmental and all lossesregulatory authorities, costsor anyone for whom these parties may be responsible, expenses(2) fire or other casualty, riots, strikes or other combined action of the workmen or others, (3) any acts of God, or (4) any other cause beyond Contractor’s reasonable control, only if and to the extent Owner is liable to Contractor for such damages and actually pays Contractor for such damages. It is expressly understood that the only obligation Contractor has to Subcontractor under this provision is to pass on to Owner any claim Subcontractor has for such damages, and liability to pay to Subcontractor any amounts which Owner pays to Contractor as a result of such claim. Subcontractor will reimburse Contractor for all costs and expenses, including attorneys’ and consultants’ fees and costs, incurred in connection with presenting any nature whatsoever such claim to Owner.
(e) If Subcontractor is performing disputed work pursuant to Section 5(a) above, the time and material cost associated with or in such work must be tracked and submitted to Contractor on a daily basis. Failure to provide any way arising out of any such change he makes without written direction time and material tickets on a daily basis shall be agreement by the Subcontractor that work was not performed that day, and/or the work that was performed is not recoverable from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures Any signature by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed Contractor employee on a time and material basis or equivalent. An AWA daily ticket shall mean Contractor is only to be used under circumstances where Subcontractor acknowledging receipt of the time and Contractor agree that a conventional proposalmaterial ticket only, estimate and change order would such signature shall not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition construed in and of itself as an admission that Contractor is accepting any such time or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the cost as extra work or failure to give timely notice of that the change and claim constitutes an agreement by him that he will not be paid for the disputed workcost associated with such time or material is otherwise due Subcontractor.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 4 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 9.1 Without invalidating the Agreement and accompanying ▇▇▇▇▇, OWNER may, at any time or from time to time, order additions, deletions or revisions in the work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall make proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any and all changes to the work described Change Order causes an increase or decrease in the Contract Documents and this Agreement Price or an extension or shortening of the Contract Time an equitable adjustment will be made as directed provided in Article 10 or Article 11 based on a claim made by Contractor in writing. Such change or written direction shall not invalidate this Agreementeither party.
6.2 If necessary9.2 PROJECT MANAGER may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on OWNER, and on CONTRACTOR who shall perform the change promptly.
9.3 Additional Work performed without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6.22 and except as provided in Articles 9.2 and 12.9.
9.4 OWNER shall execute appropriate Change Orders in accordance with Articles 10 and 11 of the other provisions General Conditions as prepared by PROJECT MANAGER covering changes in the Work, which are required by OWNER.
9.5 If notice of this Subcontract, any change affecting the general scope of the Work or change in the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed required by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability provisions of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required Bond to be given to the surety, it will be CONTRACTORS responsibility to notify the surety, and the amount of each applicable Bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such surety adjustment to OWNER.
9.6 If such changes or alterations diminish the quantity of any work to be done, such change, alteration, modification, changes or deviationalterations shall not constitute the basis for damages or anticipated profits on the work that may be deleted from the contract. It is the intent of these Contract Documents that payment for all work performed and all materials furnished shall be for the actual work performed and the actual quantity of materials furnished.
Appears in 4 contracts
Changes in the Work. 6.1 Subcontractor shall make 12.1 OWNER must have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless OWNER has agreed in writing to a longer period of time), CONTRACTOR must submit an itemized estimate of any cost or time increases or decreases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or for minor changes ordered by DESIGN PROFESSIONAL, no addition or changes to the Work must be made except upon written order of OWNER, and OWNER must not be liable to CONTRACTOR for any increased compensation or adjustment to the Contract Time without such written order. No officer, employee or agent of OWNER is authorized to direct any extra or changed work described orally.
12.2 A Change Order, in the form attached as Exhibit J to the Contract, must be prepared by the CONTRACTOR, reviewed by DESIGN PROFESSIONAL and OWNER, and executed promptly by the parties after an agreement is reached between CONTRACTOR and OWNER concerning the requested changes. CONTRACTOR must promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and Contract Time must be adjusted in the Change Order in the manner as OWNER and CONTRACTOR must mutually agree.
12.2.1 The OWNER may elect to charge changes in the Work against the established project contingency provided funds in the contingency area available and provided that doing so does not increase the Contract amount or the Contract time. The CONTRACTOR must utilize the “OWNER’S Contingency Fund Disbursement Request Form” attached as Exhibit T to the Agreement, in this Agreement situation and must keep a log of all items charged against the contingency amount, on the form attached as Exhibit U to the Agreement.
12.3 If OWNER and CONTRACTOR are unable to agree on a Change Order for the requested change, CONTRACTOR must, nevertheless, promptly perform the change as directed by Contractor OWNER in writinga written Construction Change Directive. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance shall Contract Time must be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOWNER. If Contractor and Subcontractor cannot agree CONTRACTOR disagrees with OWNER'S adjustment determination, CONTRACTOR must make a Claim pursuant to Paragraph 13 of these General Conditions or else be deemed to have waived any Claim it might otherwise have had on that matter.
12.4 In the event a requested change is approved by OWNER which results in either an increase or decrease to the Contract Amount, a Change Order must be issued which increases or decreases the GMP by the amount of CONTRACTOR'S actual and reasonable direct Cost of the addition Work (including bond premiums). In the event such change Work is performed by subcontractors or deletionsub-subcontractors, Subcontractor shall nonetheless timely perform a maximum ten percent (10%) markup for each of those subcontractors and sub- subcontractors for all overhead and profit on their direct labor and material costs must be permitted. CONTRACTOR must not be entitled to any mark-up for Change Order or Construction Change Directive work, nor must the work CONTRACTOR’S fee, overhead or profit be increased or decreased as changed a result of any Change Order or Construction Change Directive work. CONTRACTOR must not retain any portion of this change Work or mark up for himself for any reason. Provided, however, if at the time final payment is made to CONTRACTOR the total Cost of the Work has been decreased by approved Change Orders or Construction Change Directives in an amount causing the original GMP as set forth in the Compensation Amendment to be reduced by more than $0.00, then CONTRACTOR’S Fee must be reduced in an amount equal to the same percentage of reduction in the GMP amount.
12.5 Owner must have the right to conduct a review or audit of Contractor's written direction. Once Subcontractor receives books and records, as well as those of its subcontractors and suppliers, to verify the accuracy of Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written directionclaim with respect to Contractor's costs associated with any Change Order or Construction Change Directive.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not 12.6 Design Professional may direct Contractor to make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of not including any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure adjustment to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract DocumentsAmount or Contract Time. All such changes must be evidenced by a written order from Design Professional to Contractor, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required a copy to be given to Owner. Contractor must comply with all such surety of any such change, alteration, modification, or deviationorders.
Appears in 4 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Changes in the Work. 6.1 Subcontractor a. By appropriate modification, changes in the Work may be accomplished after execution of the Agreement. The Park District may order changes in the Work within the general scope of the Agreement consisting of additions, deletions, or other revisions, with the Contract Sum and contract time being adjusted accordingly. Such changes in the Work shall make be authorized by written change order signed by the Park District and Contractor (“Change Order”). Upon issuance of the Change Order, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order. Contractor shall be solely responsible for the cost of additional work and materials under any and all changes Change Order resulting from Contractor’s negligent act or omission or failure to perform the Work in accordance with the Contract Documents.
b. No change in the Work, whether by way of alteration or addition to the work described Work, shall be the basis of an addition to the Contract Sum or change in the contract time unless and until such alteration or addition has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents and this Agreement as directed applicable law. In the event Contractor has a claim for an increase in the Contract Sum or time to complete the Work, Contractor shall provide written notice to the Park District before proceeding to execute the Work. Contractor shall not perform such Work associated with the claim until approved by Contractor written Change Order by the Park District. Accordingly, no course of conduct or dealing between the Parties, nor any express or implied acceptance of alterations or additions to the Work and no claim that the Park District has been unjustly enriched shall be the basis of any claim to an increase in writing. Such the Contract Sum or change in the contract time.
c. No Change Order shall be approved or paid unless preceded by a written direction for the Change Order is provided by the Park District. This requirement cannot be waived by conduct, custom, or practice with respect to this project or other projects. There shall be no implied or constructive change orders.
d. Adjustments to the Contract Sum for changes in the Work other than changes in the Work involving items for which unit prices were requested by Park District and provided in Contractor’s Proposal, shall be made as follows:
i. In the manner agreed to by the Parties, or in the absence of agreement then the combined allowance for overhead and profit in connection with changes to the Work shall be the lesser of the amount, if any, included in the Contractor’s Proposal, or the following: (a) five percent (5%) of the cost of the change in the Work involved if performed by the Contractor not involving subcontractors, or (b) five percent (5%) of the cost of the change in the Work involved performed by subcontractors, plus two percent (2%) of the cost of the change in the Work for the Contractor’s supervision of the work performed by the subcontractors. When both additions and credits covering related Work are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.
e. Overtime, if and when specifically authorized in advance in writing by the Park District shall be paid by the Park District on the basis of premium payment if any, plus the cost of insurance and taxes based on the premium payment period. No overhead or profit may be charged for overtime. The Contractor shall not invalidate this Agreement.
6.2 If necessary, and be entitled to any payment for overtime necessitated by the failure of the Contractor to perform the Work in accordance with the other provisions Contract Documents including without limitation to the Contractor’s failure to prosecute the Work diligently and on an uninterrupted basis and with a sufficient work force so as to achieve completion of this Subcontract, the Contract Price stated in Section 3 and Work within the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from manner contemplated by the Contract Documents without written direction from or otherwise due to the fault of the Contractor. If Subcontractor makes any changes in In such instances if the work described in Section 2 without written direction from ContractorPark District requires the Contractor to perform Work on an overtime basis, all costs for and associates with such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor overtime shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures borne by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 3 contracts
Sources: Contractor Agreement, Court Resurfacing Agreement, Sealcoating Agreement
Changes in the Work. 6.1 Subcontractor 12.1 Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless Owner has agreed in writing to a longer period of time), Construction Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or for minor changes ordered by the Design Professional, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Construction Contractor for any increased compensation or adjustment to the Contract Time without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally.
12.2 A Change Order, in the form attached as Exhibit H to the Agreement, shall be prepared by the Construction Contractor, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Contractor and Owner concerning the requested changes. Construction Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Contractor shall mutually agree.
12.3 If Owner and Construction Contractor are unable to agree on a Change Order for the requested change, Construction Contractor shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Construction Change Directive. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Construction Contractor and Subcontractor cannot agree disagrees with Owner’s adjustment determination, Construction Contractor must make a claim pursuant to Section 13 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter.
12.4 In the event a requested change is approved by Owner which results in either an increase or decrease to the Contract Amount, a Change Order shall be issued which increases or decreases the GMP by the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Construction Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance ’s actual and reasonable direct Cost of the work Work (including bond premiums). In the event such change Work is performed by subcontractors or sub-subcontractors, a maximum ten percent (10%) markup for each of those subcontractors and sub-subcontractors for all overhead and profit on their direct labor and material costs and actual equipment costs shall be permitted. Construction Contractor shall not be entitled to any mark-up for Change Order work, nor shall the Construction Management Fee be increased as changed a result of any Change Order work. Provided, however, if at the time final payment is made to Construction Contractor the total Cost of the Work has been increased by approved Change Orders in an amount causing the written directionoriginal GMP as set forth in the GMP Amendment to be exceeded by $ , Construction Contractor shall be entitled to an increase to the Construction Management Fee in the amount of percent ( %) of the amount that exceeds the sum of the original GMP plus $ . If at the time final payment is made to Construction Contractor the total Cost of the Work has been decreased by approved Change Orders in an amount causing the original GMP as set forth in the GMP Amendment to be reduced by more than $ , not taking into consideration for the purpose of this calculation any Deductive Change Orders associated with Owner’s direct purchase program or buy out savings (said reduction amount being referred to herein as the “Reduction”), then Construction Contractor’s Fee shall be reduced in the amount of % of the Reduction amount.
6.3 Payment for changed work 12.5 Owner shall be made in accordance have the right to conduct an audit of Construction Contractor’s books and records, as well as those of its subcontractors and suppliers, to verify the accuracy of Construction Contractor’s claim with Section 4respect to Construction Contractor’s costs associated with any Change Order or Construction Change Directive.
6.4 Subcontractor shall not 12.6 Design Professional may direct Construction Contractor to make any nonmaterial changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform so long as such changes do not require or result in any adjustment to the disputed work Contract Amount, Contract Time or Project quality, and give written notice of any claim for additional compensation for that work are generally within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice scope of the change and claim constitutes an agreement Work. All such changes must be evidenced by him that he will not be paid for the disputed worka written order from Design Professional to Construction Contractor, with a copy to Owner. Construction Contractor shall comply with all such orders.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 3 contracts
Sources: Project Construction Management Contract, Project Construction Management Contract, Project Construction Management Contract
Changes in the Work. 6.1 Subcontractor shall make any and all changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If The Contractor and Subcontractor cannot agree on that the amount of the addition Contractor may, by written directive, modify, add to or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate deduct from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement Work covered by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and to the extent warranted a Change Order shall be issued therefor. The Subcontractor agrees to proceed with the Work as changed when so ordered in writing by the Contractor so as not to delay the progress of the Work and pending Contractor’s issuance of a Change Order, unless Contractor first requests a proposal of cost before the change is affected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request.
6.2 The value of the change order shall be calculated as the actual cost of the change plus 10% for overhead and profit, unless a lesser percentage is stipulated in the Contractor’s contract with the Owner. Labor cost shall not include field supervision, project management or any other office personnel. The Subcontractor shall provide all back-up as deemed necessary by the Contractor to substantiate actual cost with all change order requests.
6.3 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind regardless of whether the same was ordered by the Contractor or any of its representatives unless a Change Order therefor has been issued in writing by the Contractor.
6.4 The Subcontractor agrees that no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor shall be valid unless written notice of such claim is required to be given to the Contractor prior to the furnishing of the services or material. Subcontractor shall be bound by any changes or alterations made by Owner to the Contract Documents or to the Subcontract Work to the same extent that Contractor is bound. Subcontractor also agrees that the terms of the Contract Documents relating to changes, changed conditions, extra work, Owner-furnished property, suspension of work, termination, claims and disputes are incorporated herein by reference, except that to the extent they may conflict with any term herein this Agreement shall control.
6.5 In addition to the requirements of Section 6.3, if the Subcontractor believes that any order, directive, or condition entitles Subcontractor to extra compensation or an extension of time, Subcontractor shall, as a condition precedent to any recovery therefor, give the Contractor written notice of its claim not later than three (3) days after the occurrence of the event giving rise to the claim and, within 14 days thereafter, shall furnish in writing sufficient facts in support of its position as may be necessary for a decision. Any claim by the Subcontractor for extra compensation or an extension of time not so made shall be waived, and the Subcontractor shall not be entitled to any extra compensation or an extension of time as a result thereof.
6.6 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation or a time extension is determined by the Owner or Architect/Engineer not to entitle the Contractor to a such surety a contract adjustment, then the Contractor shall not be liable to the Subcontractor for any extra compensation time extension for such Work, unless Contractor agrees in writing to such extra compensation.
6.7 The Subcontractor shall pay, immediately upon demand therefor, all costs, losses, damages and expenses, and all administrative, management, overhead and other direct or indirect expenses, including reasonable attorneys' fees (the "Costs") incurred by the Contractor in connection with any default by Subcontractor or exercise by Contractor of any right to remedy upon Subcontractor's default. If the Subcontractor does not pay the Costs immediately, the Contractor may deduct all such Costs from any payments otherwise due. If payments due or to become due to the Subcontractor are not sufficient to cover the Costs, the Subcontractor immediately shall pay to Contractor the full amount of any such changeexcess with interest thereon nine percent (9%) per annum. The liability of the Subcontractor hereunder shall extend to and include, alterationwithout limitation, modificationthe full amount of Costs incurred and obligations assumed by the Contractor in good faith under the reasonable belief that such Costs or obligations were necessary or required, (i) in completing the Work and providing labor, materials, equipment, supplies and other items therefor or deviationresubcontracting the Work, and/or (ii) in settlement, discharge or compromise of any claims, demands, suits or judgments pertaining to or arising out of the Work.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall Vendor hereby agrees to make any and all changes changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Purchase Price stated herein, and pro rata to the work described in same. Vendor shall adhere strictly to the Contract Documents plans and this Agreement as directed by Contractor specifications unless a change there from is authorized in writing. Such change Under no conditions shall Vendor make any changes, either as additions or deductions, without the written direction order of the Contractor and Contractor shall not invalidate this Agreement.
6.2 If necessarypay any extra charges made by the Vendor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Vendor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work. SAMPLE Any modification in the compensation or time (if any) stated in a Purchase Agreement Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Vendor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in accordance with direct, indirect and consequential costs, overhead, profit and time required to perform the other provisions of entire work under this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions Agreement arising directly or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction indirectly from the price or timework and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this Agreement . If Contractor and Subcontractor cannot agree on the amount of Vendor initiates a substitution, deviation, or change in the addition or deletionwork, Subcontractor shall nonetheless timely perform which affects the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorexpense of other trades, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor Vendor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentexpense thereof. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this provision or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement
Changes in the Work. 6.1 Subcontractor shall Vendor hereby agrees to make any and all changes changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Purchase Price stated herein, and pro rata to the work described in same. Vendor shall adhere strictly to the Contract Documents plans and this Agreement as directed by Contractor specifications unless a change there from is authorized in writing. Such change Under no conditions shall Vendor make any changes, either as additions or deductions, without the written direction order of the Contractor and Contractor shall not invalidate this Agreement.
6.2 If necessarypay any extra charges made by the Vendor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Vendor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work. Any modification in the compensation or time (if any) stated in a Purchase Agreement Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Vendor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in accordance with direct, indirect and consequential costs, overhead, profit and time required to perform the other provisions of entire work under this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions Agreement arising directly or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction indirectly from the price or timework and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this Agreement . If Contractor and Subcontractor cannot agree on the amount of Vendor initiates a substitution, deviation, or change in the addition or deletionwork, Subcontractor shall nonetheless timely perform which affects the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorexpense of other trades, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor Vendor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentexpense thereof. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this provision or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement
Changes in the Work. 6.1 Subcontractor 10.1 Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner’s express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the addition or deletion, Subcontractor increase shall nonetheless timely perform be limited to the work as changed by Contractor's written directionreasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. Once In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor receives or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's written direction, Subcontractor is solely responsible for timely performance books and records to verify the accuracy of the work as changed by the written directionContractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change.
6.3 Payment for changed work 10.6 The Project Manager shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work Work not involving an adjustment to deviate from the Contract Documents without Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written direction from Contractororder. If Subcontractor makes any Such changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from binding on the Contractor.
6.4.1 Unless agreed 10.7 Any modifications to otherwise, any changes this Contract shall be in compliance with the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require County procurement ordinance and policies and Administrative Procedures in effect at the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementssuch modifications are authorized.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
Changes in the Work. 6.1 Subcontractor a. By appropriate modification, changes in the Work may be accomplished after execution of the Agreement. The Park District may order changes in the Work within the general scope of the Agreement consisting of additions, deletions, or other revisions, with the Contract Sum and contract time being adjusted accordingly. Such changes in the Work shall make be authorized by written change order signed by the Park District and Contractor (“Change Order”). Upon issuance of the Change Order, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order. Contractor shall be solely responsible for the cost of additional work and materials under any and all changes Change Order resulting from Contractor’s negligent act or omission or failure to perform the Work in accordance with the Contract Documents.
b. No change in the Work, whether by way of alteration or addition to the work described Work, shall be the basis of an addition to the Contract Sum or change in the contract time unless and until such alteration or addition has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents and this Agreement applicable law. Accordingly, no course of conduct or dealing between the Parties, nor any express or implied acceptance of alterations or additions to the Work and no claim that the Park District has been unjustly enriched shall be the basis of any claim to an increase in the Contract Sum or change in the contract time.
c. Adjustments to the Contract Sum for changes in the Work other than changes in the Work involving items for which unit prices were requested by Park District and provided in Contractor’s Proposal, shall be made as directed follows:
i. In the manner agreed to by the Parties, or in the absence of agreement then the combined allowance for overhead and profit in connection with changes to the Work shall be the lesser of the amount, if any, included in the Contractor’s Proposal, or the following: (a) five percent (5%) of the cost of the change in the Work involved if performed by the Contractor not involving subcontractors, or (b) five percent (5%) of the cost of the change in writingthe Work involved performed by subcontractors, plus two percent (2%) of the cost of the change in the Work for the Contractor’s supervision of the work performed by the subcontractors. Such change When both additions and credits covering related Work are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.
d. Overtime, if and when specifically authorized in advance in writing by the Park District shall be paid by the Park District on the basis of premium payment if any, plus the cost of insurance and taxes based on the premium payment period. No overhead or written direction profit may be charged for overtime. The Contractor shall not invalidate this Agreement.
6.2 If necessary, and be entitled to any payment for overtime necessitated by the failure of the Contractor to perform the Work in accordance with the other provisions Contract Documents including without limitation to the Contractor’s failure to prosecute the Work diligently and on an uninterrupted basis and with a sufficient work force so as to achieve completion of this Subcontract, the Contract Price stated in Section 3 and Work within the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from manner contemplated by the Contract Documents without written direction from or otherwise due to the fault of the Contractor. If Subcontractor makes any changes in In such instances if the work described in Section 2 without written direction from ContractorPark District requires the Contractor to perform Work on an overtime basis, all costs for and associates with such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor overtime shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures borne by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Purchase and Installation Agreement, Pool Renovation Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work Work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Subcontract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workWork. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work Work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work Work as changed by the written direction.
6.3 . Payment for changed work Work shall be made in accordance with Section 4.
6.4 . Subcontractor shall not make any changes in the work Work described in Section 2 or in any way cause or allow that work Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work Work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed workWork, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes Work is a change to in the WorkWork described in Section 2, Subcontractor shall timely perform the disputed work Work and may give written notice of any a claim for additional compensation for that work Work. Such written notice of claim must be given within five seven (57) days after such work was Work is performed. Subcontractor's failure to perform give written notice within the work or failure to give timely notice of the change and claim seven (7) days constitutes an agreement by him Subcontractor that he it will not be paid for the disputed work.
6.6 Work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contractPrime Contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. The modification in the Subcontract Price and/or time for performance stated in a Subcontract Change Order shall unequivocally comprise the total price and time adjustment due or owed by Contractor to Subcontractor for the Work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire Work under this Agreement arising directly or indirectly from the Work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts on all other Work.
Appears in 2 contracts
Sources: Master Subcontract Agreement, Master Subcontract Agreement
Changes in the Work. 6.1 § 5.1 The Owner may make changes in the Contractor’s work that changes or affects the Subcontract Work by issuing Modifications or otherwise directing changes as set forth in the Prime Contract, which may include construction change directives or instructions to proceed with the change and to simultaneously or upon completion provide a change order proposal. Upon receipt of a Modification or such other direction by Owner to the Prime Contract issued subsequent to the execution of the Agreement, the Contractor shall timely notify the Subcontractor of such Modification or direction. Unless otherwise directed by the Contractor, the Subcontractor shall make any not thereafter order materials or perform Subcontract Work that would be inconsistent with the changes made by the Modification to or direction under the Prime Contract and all shall proceed with changes to the work described in the Contract Documents and this Agreement Subcontract Work as directed by the Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary§ 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating the Subcontract, to make changes in the Work consisting of additions, deletions, or other revisions, including those required by Modifications to, or other Owner directed changes under the Prime Contract issued subsequent to the execution of the Agreement, with the Subcontract Sum and the Subcontract Time adjusted in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletiona change order, Subcontractor shall nonetheless timely perform the work as changed by change at Contractor's ’s written direction. Once direction and Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made may proceed with a claim in accordance with Section 4the requirements of Article 6, including the notice requirement.
6.4 § 5.3 If a condition or occurrence arises that Subcontractor believes gives rise to a change in the Subcontract Work, impacts or delays Subcontractor’s time for performance or the cost of the Subcontract Work, Subcontractor shall promptly notify Contractor in writing after Subcontractor discovers the condition or occurrence, but in no event more than five (5) working days after discovery of the condition or occurrence unless a shorter time is required by the Prime Contract. The requirement to give such notice shall also apply to conditions or occurrences Subcontractor may not have discovered but reasonably should have and, in any case, in no way shall be deemed to authorize or furnish entitlement for recovery for schedule, cost impacts, or any other form of relief which may be sought by Subcontractor.
§ 5.4 Within the shorter of (a) five (5) business days after Subcontractor’s notice to Contractor under Section 5.3, or (b) two (2) working days preceding the time by which the Contractor must submit a claim to the Owner as required by the Prime Contract, Subcontractor shall submit to Contractor a complete change order request detailing the time and cost requested with full and complete back up documentation to sufficiently substantiate the request to Contractor’s satisfaction. If additional information or documentation is requested by Contractor, Subcontractor shall promptly supplement the change order request with such additional information.
§ 5.5 Subcontractor shall not make any proceed with changes in the work described Subcontract Work until after (i) Contractor and Subcontractor have executed a written change order; (ii) Contractor has directed Subcontractor in writing to proceed on a T&M basis under Section 2 5.6 below (iii) Contractor has directed Subcontractor in writing to proceed pursuant to an Owner initiated change under Section 5.1 above; or (iv) Contractor has directed Subcontractor in any way cause or allow that work writing to deviate from proceed where Contractor and Subcontractor disagree on the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in price, time, terms, and/or conditions of the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, order but Subcontractor shall be liable for any proceed and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractormay make a claim pursuant to Article 6 herein.
6.4.1 Unless agreed § 5.6 Contractor may direct the Subcontractor to otherwise, any proceed with changes in to the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent(“T&M”). An AWA is only Subcontractor shall strictly comply with the requirements set forth in Attachment C regarding T&M Work. Such strict compliance shall be a condition precedent to be used under circumstances where Subcontractor and Contractor agree Subcontractor’s right to payment for that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementsWork.
6.5 § 5.7 Adjustments made to the Subcontract for change orders under this Article 5 shall represent the total compensation and final settlement due for the change, including but not limited to all direct costs of materials, equipment, labor, and otherwise, overhead and profit, insurance, bonds, permits, applicable taxes, indirect costs, schedule impacts, delay, loss of productivity, disruption, acceleration, resource leveling, manpower shifts, additional supervision, consumables, extended activity durations, increased number of activities, modified critical path, inefficiency, reduction in either total or free float, impact, ripple effect, stacking effect, extended overhead, storage, start/completion date changes, cumulative impact, and any other costs arising out of the modification or the modification combined with other modifications. If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a the change to the Contract DocumentsSubcontract Work arises out of or results from a directive or request originating with Owner, the adjustment to the Subcontract for price and/or the time shall be limited to that amount or length of time approved by Owner.
§ 5.8 Subcontractor shall provide written notice acknowledges that Contractor will be materially and unfairly prejudiced by Subcontractor’s failure to strictly comply with the requirements of this Article 5 and agrees that compliance with same is of the change within five (5) calendar days from discovering such changed condition. If essence and a dispute arises between Contractor and Subcontractor about whether particular work constitutes condition precedent to Subcontractor’s right to a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any order or claim for additional compensation for that work within five (5) days after such work was performeda change. In the event Subcontractor fails to so comply, Subcontractor's ’s failure shall constitute an absolute and irrevocable waiver by Subcontractor of its right to perform a change order and/or claim based upon the work condition or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workoccurrence.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 10.1. Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Construction Manager shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Construction Manager for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally.
10.2. A Change Order, in the form attached as Exhibit G to this Agreement, shall be prepared by the Construction Manager, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Manager and Owner concerning the requested changes. Construction Manager shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Manager shall mutually agree.
10.3. If Owner and Construction Manager are unable to agree on a Change Order for the requested change, Construction Manager shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree Construction Manager disagrees with Owner' s adjustment determination, Construction Manager must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter.
10.4. In the event a requested change is approved by Owner which results in an increase to the Contract Amount, a Change Order shall be issued which increases the GMP by the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance Construction Manager' s actual and reasonable direct Cost of the work Work. In the event such change Work is performed by a subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted. Construction Manager shall not be entitled to any ▇▇▇▇-up for Change Order work, nor shall the Construction Management Fee be increased as changed a result of any Change Order work. Provided, however, if at the time final payment is made to Construction Manager the total Cost of the Work has been increased by approved Change Orders in an amount causing the written directionGMP originally set by Construction Manager and Owner to be exceeded by $25,000, Construction Manager shall be entitled to an increase to the Construction Management Fee in the amount of eight percent (8%) of the amount exceeding the sum of $25,000 and the GMP.
6.3 Payment for changed work 10.5. Owner shall be made in accordance have the right to conduct an audit of Construction Manager' s books and records to verify the accuracy of Construction Manager' s claim with Section 4respect to Construction Manager' s costs associated with any Change Order.
6.4 Subcontractor 10.6. Design Professional shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes Work not involving an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change adjustment to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change Amount or an extension to the Work, Subcontractor shall timely perform Contract Time and not inconsistent with the disputed work and give written notice intent of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, . Such changes may be effected by written order issued by Design Professional. Such changes shall release or exonerate, in whole or in part, any bond or any surety be binding on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationConstruction Manager.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Changes in the Work. 6.1 Subcontractor shall make FLINT may, at any and all changes time, on written order without notice to the work described surety and without invalidating this Subcontract, make changes (including without limitation additions, deletions, alterations, revisions, substitutions or derivations) in the Contract Documents Work and this Agreement Subcontractor agrees to proceed with the Work as directed by Contractor ▇▇▇▇▇’▇ written order. Any claim for an extension of time for completion or for adjustment of the Subcontract Sum shall be made in writingwriting by Subcontractor within two (2) days after ▇▇▇▇▇ directs performance of the extra or changed work. Such To be clear, any order directing a change in the Work must be in writing to be valid. If the changed work is of urgency, FLINT may require negotiation immediately on any cost or written direction time increase. Subcontractor shall not invalidate this Agreement.
6.2 If necessaryperform such extra or changed work, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance Subcontract Sum shall be adjusted by appropriate additions the amount as agreed to by the parties. Notwithstanding the payment provisions of this Subcontract as provided in Paragraph 21 below, it is an express condition precedent, however, that payment or deductions mutually agreed upon before a grant of additional time shall not be due to Subcontractor performs for such changed or extra work until ▇▇▇▇▇ has received payment or additional time adjustment from the Owner for said changed or extra work. , and that such extra or changed work has been performed to the satisfaction of ▇▇▇▇▇ and the Owner by Subcontractor.
13.1 Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely be responsible for timely performance any costs incurred by ▇▇▇▇▇ for changes of any kind made by Subcontractor that increase the cost of the work as changed by the for either FLINT or any other subcontractors when Subcontractor proceeds with such changes without a written directionorder therefor.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any 13.2 For changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement Work approved by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition▇▇▇▇▇ as provided herein, Subcontractor shall be liable paid for any and all lossesOverhead, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to including insurance and bonds) and Fee an amount consistent with the Contract Documents. In the absence of such conditions, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.Overhead, General Conditions and Fee as follows:
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or 13.3 To overcome delays for which Subcontractor is not, shall release or exonerate, in whole or in partpart responsible for, Subcontractor shall work overtime or extra shifts to overcome any bond or any surety such delays and shall be paid for overtime if and only if directed specifically, in writing, by ▇▇▇▇▇. Any such extra compensation shall further be based upon hours shown on any bond given in connection with this Agreementdaily time sheets, which have been submitted to, and no notice is required to be given to approved by FLINT. Only the premium portion of such surety approved overtime, exclusive of any markups for overhead and/or fee, shall be considered for any such change, alteration, modification, or deviationextra compensation.
Appears in 2 contracts
Sources: Subcontract, Subcontract
Changes in the Work. 6.1 3.1 The Owner may make changes in the Subcontractor’s Work by issuing change directives, change orders or otherwise as provided by the Contract Documents (herein referred to collectively as “Modifications”). Upon being notified of such a Modification, the Subcontractor shall not, without Contractor’s consent, thereafter order materials or perform Work which would be inconsistent with the changes made by the Modification.
3.2 The Subcontractor may be ordered in writing by the Contractor, to make changes in the Work consisting of additions, deletions or other revisions, including those required by Modifications to the General Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents.
3.3 No alterations, increases or decreases shall be made in the Work as shown or described by the Subcontract Documents except as specifically authorized or directed by a written order signed by a duly authorized representative of Contractor. Subcontractor shall have no claim for additional, extra or changed Work unless such Work is undertaken in pursuance of such written signed order. Any Work performed without such written order will be at Subcontractor's sole risk and expense.
3.4 The Subcontractor shall make any and all changes claims promptly to the work described in the Contract Documents Contractor for additional cost, damages and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and extensions of time in accordance with the other provisions Subcontract Documents. A claim which will affect or become part of this Subcontract, a claim which the Contractor is required to make under the General Contract Price stated within a specified time period or in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work a specified manner shall be made in accordance with Section 4sufficient time to permit the Contractor to satisfy the requirements of the General Contract. Such claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor's claim must be made. Failure of the Subcontractor to make such a timely claim shall bind the Subcontractor to the same consequences as those to which the Contractor is bound.
6.4 Subcontractor shall not make any changes in 3.5 If Owner, Contractor or Architect disputes the work described in Section 2 validity or in any way cause amount of a change proposal or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement claim submitted by Subcontractor that he will not be paid for that changed or if a dispute exists between Subcontractor and Contractor concerning whether the Work entitles Subcontractor to additional compensation but Contractor nevertheless directs Subcontractor to proceed with the disputed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any promptly commence, prosecute and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any complete such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that pending resolution of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementsdispute.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 3.1 The Owner may make changes in the Work by issuing modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform work, which would be inconsistent with the changes made by the modifications to the Prime Contract. Subcontractor agrees and understands that the site superintendent has no authority to approve change orders and any and all subcontractor’s change orders must be approved in writing by Contractor’s Project Manager.
3.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract issued subsequent to the execution of this Agreement, the Subcontract sum and the Subcontract time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract sum and Subcontract time for such revised Work in a manner consistent with requirements of the Subcontract documents.
3.3 The Subcontractor shall make any and all changes claims promptly to the work described in the Contract Documents Contractor for additional cost, extensions of time and this Agreement as directed by Contractor in writing. Such change damages for delays or written direction shall not invalidate this Agreement.
6.2 If necessary, and other causes in accordance with the other provisions Subcontract documents for any claim which will affect or become part of this Subcontract, a claim which the Contractor is required to make under the Prime Contract Price stated within a specified time period or in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work a specified manner shall be made in accordance with Section 4.
6.4 Subcontractor sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. The Contractor shall receive such claims not make any changes in less than two working days preceding the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement time by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentclaim must be made. Each AWA will require these two signatures by the Contractor, in addition to that Failure of the Subcontractor. An AWA is intended Subcontractor to cover work performed on make such a time and material basis or equivalent. An AWA is only to be used under circumstances where timely claim shall bind the Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of same consequences as those to which the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workis bound.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 § 5.1 The Owner may make changes in the Contractor’s work that changes or affects the Subcontract Work by issuing Modifications or otherwise directing changes as set forth in the Prime Contract, which may include construction change directives or instructions to proceed with the change and to simultaneously or upon completion provide a change order proposal. Upon receipt of a Modification or such other direction by Owner to the Prime Contract issued subsequent to the execution of the Project Agreement, the Contractor shall timely notify the Subcontractor of such Modification or direction. Unless otherwise directed by the Contractor, the Subcontractor shall make any not thereafter order materials or perform Subcontract Work that would be inconsistent with the changes made by the Modification to or direction under the Prime Contract and all shall proceed with changes to the work described in the Contract Documents and this Agreement Subcontract Work as directed by the Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary§ 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating the Subcontract, to make changes in the Work consisting of additions, deletions, or other revisions, including those required by Modifications to, or other Owner directed changes under the Prime Contract issued subsequent to the execution of the Project Agreement, with the Subcontract Sum and the Subcontract Time adjusted in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletiona change order, Subcontractor shall nonetheless timely perform the work as changed by change at Contractor's ’s written direction. Once direction and Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made may proceed with a claim in accordance with Section 4the requirements of Article 6, including the notice requirement.
6.4 § 5.3 If a condition or occurrence arises that Subcontractor believes gives rise to a change in the Subcontract Work, impacts or delays Subcontractor’s time for performance or the cost of the Subcontract Work, Subcontractor shall promptly notify Contractor in writing after Subcontractor discovers the condition or occurrence, but in no event more than five (5) working days after discovery of the condition or occurrence unless a shorter time is required by the Prime Contract. The requirement to give such notice shall also apply to conditions or occurrences Subcontractor may not have discovered but reasonably should have and, in any case, in no way shall be deemed to authorize or furnish entitlement for recovery for schedule, cost impacts, or any other form of relief which may be sought by Subcontractor.
§ 5.4 Within the shorter of (a) five (5) business days after Subcontractor’s notice to Contractor under Section 5.3, or (b) two (2) working days preceding the time by which the Contractor must submit a claim to the Owner as required by the Prime Contract, Subcontractor shall submit to Contractor a complete change order request detailing the time and cost requested with full and complete back up documentation to sufficiently substantiate the request to Contractor’s satisfaction. If additional information or documentation is requested by Contractor, Subcontractor shall promptly supplement the change order request with such additional information.
§ 5.5 Subcontractor shall not make any proceed with changes in the work described Subcontract Work until after (i) Contractor and Subcontractor have executed a written change order; (ii) Contractor has directed Subcontractor in writing to proceed on a T&M basis under Section 2 5.6 below (iii) Contractor has directed Subcontractor in writing to proceed pursuant to an Owner initiated change under Section 5.1 above; or (iv) Contractor has directed Subcontractor in any way cause or allow that work writing to deviate from proceed where Contractor and Subcontractor disagree on the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in price, time, terms, and/or conditions of the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, order but Subcontractor shall be liable for any proceed and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractormay make a claim pursuant to Article 6 herein.
6.4.1 Unless agreed § 5.6 Contractor may direct the Subcontractor to otherwise, any proceed with changes in to the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent(“T&M”). An AWA is only Subcontractor shall strictly comply with the requirements set forth in Attachment C regarding T&M Work. Such strict compliance shall be a condition precedent to be used under circumstances where Subcontractor and Contractor agree Subcontractor’s right to payment for that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementsWork.
6.5 § 5.7 Adjustments made to the Subcontract for change orders under this Article 5 shall represent the total compensation and final settlement due for the change, including but not limited to all direct costs of materials, equipment, labor, and otherwise, overhead and profit, insurance, bonds, permits, applicable taxes, indirect costs, schedule impacts, delay, loss of productivity, disruption, acceleration, resource leveling, manpower shifts, additional supervision, consumables, extended activity durations, increased number of activities, modified critical path, inefficiency, reduction in either total or free float, impact, ripple effect, stacking effect, extended overhead, storage, start/completion date changes, cumulative impact, and any other costs arising out of the modification or the modification combined with other modifications. If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a the change to the Contract DocumentsSubcontract Work arises out of or results from a directive or request originating with Owner, the adjustment to the Subcontract for price and/or the time shall be limited to that amount or length of time approved by Owner.
§ 5.8 Subcontractor shall provide written notice acknowledges that Contractor will be materially and unfairly prejudiced by Subcontractor’s failure to strictly comply with the requirements of this Article 5 and agrees that compliance with same is of the change within five (5) calendar days from discovering such changed condition. If essence and a dispute arises between Contractor and Subcontractor about whether particular work constitutes condition precedent to Subcontractor’s right to a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any order or claim for additional compensation for that work within five (5) days after such work was performeda change. In the event Subcontractor fails to so comply, Subcontractor's ’s failure shall constitute an absolute and irrevocable waiver by Subcontractor of its right to perform a change order and/or claim based upon the work condition or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workoccurrence.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Master Subcontract Agreement, Master Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 10.1 Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the work described Work shall be made except upon written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner’s express prior written approval. Failure to obtain such prior written approval for any changes will be deemed:
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the addition or deletion, Subcontractor increase shall nonetheless timely perform be limited to the work as changed by Contractor's written directionreasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. Once In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor receives or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's written direction, Subcontractor is solely responsible for timely performance books and records to verify the accuracy of the work as changed by the written directionContractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change.
6.3 Payment for changed work 10.6 The Project Manager shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any have authority to order minor changes in the work described Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in Section 2 or in any way cause or allow that work to deviate from compliance with the County Procurement Ordinance, as amended and the terms of the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in effect at the work described in Section 2 without written direction from Contractor, time such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractormodifications are authorized.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price contract price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after such work was performedis performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and written claim within the ten (10) days constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall ▇▇▇▇▇▇ agrees to make any and all changes to changes, furnish the materials and perform the work described in the Contract Documents and this Agreement as directed by that Contractor in writing. Such change or written direction shall not invalidate may require, without nullifying this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontractat a reasonable addition to, or reduction from, the Contract Price stated in Section 3 herein, and pro rata to the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed worksame. Subcontractor shall supply adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor with and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work. SAMPLE Any modification in the compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all documentation necessary increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to substantiate perform the amount to entire work under this Agreement arising directly or deduction indirectly from the price or timework and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non-affected work under this Agreement. If Contractor and the Subcontractor cannot agree on initiates a substitution, deviation, or change in the amount of work, which affects the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any expense of other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentexpense thereof. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this provision or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes Subject to the work described terms of the Prime Contract, Contractor shall have the right and power to request a change in the Contract Documents and this Agreement as directed by Contractor in writingSublet Work. Such change or written direction shall not invalidate this Agreement.
6.2 If necessaryShould Contractor, and in accordance with at any time during the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount progress of the addition or deletionWork, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make request any changes in the work described Scope of the Sublet Work in Section 2 this Agreement, Subcontractor shall within a reasonable time thereafter submit an itemized estimate reflecting any cost changes required to make the changes. Such itemized estimate shall be furnished in sufficient detail that Contractor can distinguish the direct labor man-hours and labor costs, direct material, direct equipment, applicable labor markups for employee labor burdens and benefits, and allocation of home office overhead and a reasonable profit. All elements of potential cost are subject to negotiation, however; in the event agreement cannot be reached on estimated costs, Subcontractor reimbursement will be limited to actual direct costs plus 10% markup. It is distinctly understood and agreed, regardless from whom orders may be taken for changes in the Scope of the Work, that no such changes are to be made except by a written Subcontract or in Work Release Change Order issued by an authorized signatory of Contractor and then only when such order sets forth the amount of any way cause addition or allow that work deduction and is signed by both parties thereto. In addition to deviate from any General Contractor Officer of the Contract Documents without written direction from ContractorCorporation, authorized signatories shall be stated on the assigned Work Release. If Subcontractor makes any changes in initiates a substitution, deviation or change which affects the work described in Section 2 without written direction from Scope of Work or the Sublet Work or causes expense to Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all lossesthe expenses thereof. Notwithstanding anything herein to the contrary, costsContractor may, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed pursuant to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that requirements of the SubcontractorPrime Contract, order Subcontractor to proceed with changes for which final price and/or time have not been determined. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice proceed with the Work in accordance with the directives of Contractor. In the change within five (5) calendar days from discovering such changed condition. If a dispute arises absence of an agreement between Contractor and Subcontractor about whether particular work constitutes on the proper change to the amount or the time for performance of any Work Release because of a change to in the Work, Subcontractor may treat the matter as a claim. In such event, the Subcontractor shall timely perform be entitled to recover only the disputed work and give written notice amount by which its direct costs have been reasonably increased over the direct cost of any claim for additional compensation for that work within five performing the Work without the change in the Work, plus ten percent (10%) (5) days after such work was performed. % on Sub-Subcontractor's failure work) of direct cost to perform the work cover supervision, field office and home office overhead, profit and all other costs. Direct costs shall be limited to lesser of actual or failure to give timely notice reasonable costs of the change following:
1. Cost of Labor, including social security, old age and claim constitutes an unemployment insurance, fringe benefits required by agreement by him or custom, and worker's compensation insurance;
2. Materials, supplies and equipment including cost of transportation, whether incorporated or consumed;
3. Rental cost of machinery and equipment, exclusive of hand tools, whether rented from the Subcontractor or others at rates that he will are no greater than market rates in the locale of the Work at the time of the Work. The rental value of the Subcontractor's own equipment shall not be paid for the disputed work.
6.6 No changemore than local rental rates, alteration, or modification which rates shall be further adjusted to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, reflect cost exclusive of overhead and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.profit;
Appears in 2 contracts
Sources: Master Subcontract Agreement, Master Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all Without invalidating the Work Contract, Owner can order modifications, additions, deletions, or other changes in the Work after the date of the Work Contract Form with adjustments to the work described Contract Sum and Contract Time if appropriate under this Article 7. No change in the Contract Documents and this Agreement as directed Work, however, will be incorporated into the Work until approved by Contractor Owner in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and writing in accordance with the other provisions of procedures set forth in this Subcontract, Article. Contractor will not be entitled to an increase in the Contract Price stated Sum or extension of the Contract Time for furnishing labor, materials, equipment, services, or other items that are not required by the Work Contract, as amended in Section 3 accordance with this Article. The Contract Sum and the time for Subcontractor's performance shall Contract Time can only be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs written Change Order. A “Change Order” is a written instrument, the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If form of which is attached hereto as Exhibit B, signed by Contractor and Subcontractor Owner that incorporates into the Work Contract one or more Potential Change Orders approved in accordance with this Article. Except as specified otherwise in the Change Order, a Change Order signed by Owner and Contractor constitutes a final settlement of all matters relating to the changes in the Work that are the subject of the Change Order, including all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and Contract Time. A Potential Change Order is a written instrument prepared by Contractor for the approval of Owner. Each Potential Change Order must be a complete statement of the proposed (i) change in the Work, (ii) amount of adjustment, if any, to Contract Sum, and (iii) extent of the adjustment, if any, in the Contract Time. Whenever Contractor becomes aware of changes, concealed or unforeseen conditions, or other circumstances that will change or may lead to a change in the Work or for any reason warrant adjustments to the Contract Sum or Contract Time, Contractor must promptly notify Owner in writing of the circumstances and submit a Potential Change Order within ten (10) days. The Potential Change Order must specify in detail the basis for the request and include itemized estimates of costs and delay, documentation related to the reasons for the request, and documentation supporting any requested adjustments to the Contract Sum or Contract Time. Upon Owner’s approval of a Potential Change Order, a Change Order must be signed to incorporate the change into the Work Contract. If, prior to a fully signed Change Order, Owner specifically orders Contractor in writing to promptly proceed with a proposed change in the Work to prevent delay in the Work, Contractor will confirm the order and directives in writing and proceed with the change. In an emergency affecting safety of persons or property, Contractor will promptly act in a reasonable manner to prevent threatened damage, injury, or loss and timely thereafter submit a Potential Change Order for the costs incurred by Contractor due to the action in accordance with this Article. Unless otherwise agreed, all adjustments to the Contract Sum will be determined based on net reasonable costs saved and incurred due to the change in the Work, plus or minus amounts for overhead and profit. Contractor and each entity performing a portion of the Work affected by the change must furnish an itemized estimate and retain, in such form and detail as Owner prescribes, an itemized accounting of actual costs incurred and saved together with appropriate supporting data. The estimates and accountings must separately itemize overhead and profit, general conditions, allowances, each trade and service, labor, materials, equipment, and all agreements to furnish any significant portion of the change in the Work and provide detail with respect to quantities, labor hours and rates, taxes, insurance, etc. The amounts allowed for overhead and profit combined shall not exceed (i) ten percent (10%) with respect to work performed by any entity’s own forces or (ii) five percent (5%) with respect to work performed by subcontractors, sub-subcontractors, and consultants. To the extent Owner and Contractor cannot agree on reach agreement with respect to changes in the amount of Work or a pending Potential Change Order or any other request for an adjustment in the addition Contract Sum or deletionContract Time, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall a Claim must be made in accordance with Section 4.
6.4 Subcontractor shall the applicable provisions of Article 11. Pending resolution or agreement, Contractor will proceed diligently with performance of the Work Contract and Owner will continue to make payments in accordance with the Work Contract, including payments of amounts not make any in dispute for changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from ContractorWork.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 2 contracts
Sources: Master Work Agreement, Master Work Agreement
Changes in the Work. 6.1 Subcontractor shall A. Contractor Change Notice Directives: Contractor may, without notice to sureties, by written Change Notice, denominated as such, signed by the Contractor’s Representative, unilaterally make any and all changes change to the Subcontractor’s work described in the Contract Documents Documents, including but not limited to changes:
1. in the drawings and this Agreement as directed specifications;
2. in the method, manner, or sequence of Subcontractor’s work;
3. directing acceleration or deceleration in the performance of the work;
4. modifying the schedule of the work; and
5. adding to or deleting from the Subcontractor’s Scope of Work. Upon receipt of a Change Notice, Subcontractor shall promptly proceed with the Work reflected by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and the Change Notice in accordance with the other provisions directives of this SubcontractContractor.
B. Pricing Change Order Work; Agreement On Change Orders: Subcontractor shall within a reasonable time after receipt of a Change Notice, submit to Contractor an itemized estimate reflecting any cost changes and/or time impact required to make the requested changes. The itemized estimate shall detail the anticipated direct labor man-hours and labor costs, direct material, direct equipment, applicable labor markups for employee labor burdens and benefits. ▇▇▇▇-up on Subcontractor’s direct costs shall be ten percent to cover supervision, field office and home office overhead, and profit. If additional time is sought, the Contract Price stated in Section 3 estimate shall provide a detailed explanation how and why the requested change will impact the critical path of the Subcontractor’s work. All elements of potential cost and time impact are subject to negotiation. If the parties agree with respect to the amount of the change and the time for Subcontractor's performance impact, if any, associated with the change, then the parties shall be adjusted execute a Change Order signed by appropriate additions or deductions mutually agreed upon before Subcontractor performs both parties. Agreement on any Change Order shall constitute a full and final settlement and accord and satisfaction of all matters relating to the changed work. change in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the construction schedule.
C. Proceedings If Parties Cannot Agree On Change Order: Subcontractor shall supply Contractor with all documentation necessary to substantiate timely perform the amount to or deduction from work contemplated by the price or timeChange Notice regardless of whether the parties agree on a Change Order. If Contractor and Subcontractor the parties cannot agree on the amount of the addition or deletiona Change Order, then Subcontractor shall nonetheless timely perform treat the work matter as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made a claim and proceed in accordance with Section 4Paragraph G below. Subcontractor’s claim for a time extension is limited to the documented effect that the change work will have on the critical path of the Subcontractor’s work. If it is reasonably possible to perform the change in the work concurrently with Work that is critical to overall completion, no time extension shall be granted by reason of a change in the Work. Subcontractor’s claim for extra costs shall be limited to the amount by which Subcontractor’s direct costs have been reasonably increased over the direct cost of performing the Work without the change in the Work, plus ten percent (five percent on Sub-Subcontractor’s work) of direct cost to cover supervision, field office and home office overhead, and profit.
6.4 D. Unauthorized Changes In the Work: Subcontractor shall not make any changes in the work described in Section 2 or that would in any way cause or allow that the work to deviate from that required in the Contract Documents without written direction first obtaining a Change Notice from the Contractor, or an Alternate Submittal approved in writing by the Architect or Owner. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorreceiving such documentation, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such unauthorized change he makes without written direction from Contractorin the work.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a E. Disputes About Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Scope Of Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. : If a dispute arises between Subcontractor and Contractor and Subcontractor about with respect to whether particular work constitutes is a change to in the Workscope of the work, Subcontractor shall give Contractor prompt written notice of the matter before proceeding with the work. Such written notice shall include an estimate of the extra costs the Subcontractor believes will be involved with the disputed work, and the effect on the project schedule, if any. Subcontractor shall timely perform the disputed work work. Within ten days after completing the disputed work, Subcontractor shall provide Contractor with a claim in writing detailing Subcontractor’s direct costs and give written notice markup, which shall be computed in accordance with the provisions of Subparagraph C above, and any claim for additional compensation for that work within five (5) days after such work was performeda time extension. Subcontractor's ’s failure to perform provide either the required written notice before proceeding with disputed work, or to timely provide the written claim after completing the disputed work or failure to give timely notice of the change and claim constitutes shall constitute an agreement by him Subcontractor that he it will not be paid for the disputed work.
6.6 No change. Subcontractor shall treat any such dispute as a claim and proceed in accordance with Paragraph G below. Subcontractor shall proceed diligently with performance of the work, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made including work in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreementdispute, and no notice is required to be given to such surety comply with the directions of any such changethe Contractor, alteration, modification, or deviationpending final resolution of the Dispute.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
Changes in the Work. 6.1 his Su ▇▇▇▇▇▇▇ or othernt to the execution of this e Su tor wr n a bcontractor, prior to itten copies of a manner consistent
§ 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work which would be inconsistent with the changes made by the Modifications to the Prime Contract.
§ 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating t changes in the Work within the general scope of this Subcontract consisting of additions, de revisions, including those required by Modifications to the Prime Contract issued subseque Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. Th the commencement of such changed or revised Work, shall submit promptly to the Contrac claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work i with requirements of the Subcontract Documents. § 5.3 The Subcontractor shall make any and all changes claims promptly to the work described in the Contract Documents Contractor for additional cost, extensions of time and this Agreement as directed by Contractor in writing. Such change damages for delays or written direction shall not invalidate this Agreement.
6.2 If necessary, and other causes in accordance with the other provisions Subcontract Documents. A claim which will affect or become part of this Subcontract, a claim which the Contractor is required to make under the Prime Contract Price stated within a specified time period or in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work a specified manner shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in sufficient time to permit the work described in Section 2 or in any way cause or allow that work Contractor to deviate from satisfy the Contract Documents without written direction from Contractorrequirements of the Prime Contract. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor Such claims shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in received by the work Contractor not less than two working days preceding the time by which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent's claim must be made. Each AWA will require these two signatures by the Contractor, in addition to that Failure of the Subcontractor. An AWA is intended Subcontractor to cover work performed on make such a time and material basis or equivalent. An AWA is only to be used under circumstances where timely claim shall bind the Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of same consequences as those to which the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workis bound.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Standard Form of Agreement Between Contractor and Subcontractor
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.1.1 The allowance for overhead and profit with respect to changes in the work shall be a flat 10% for overhead and profit or as allowed by Owner.
6.1.2 When Subcontractor becomes aware of errors, omissions or discrepancies in the Plans, Specifications or other Contract Documents, Subcontractor must, within five (5) days after such discovery, notify Contractor in writing of the errors, omissions or discrepancies; and if Subcontractor shall fail to do so, he shall thereby waive any right to seek compensation for additional or different work that is necessary or required as a result of such errors, omissions or discrepancies.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 contract price and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, or if documentation to substantiate additional cost is not supplied by Subcontractor before performing changed work, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work work, and timely submission of any claim for additional compensation, as changed by the written direction. In the absence of a mutually agreed upon price prior to the performance of any changed work, Subcontractor shall provide Contractor with a daily additional work tag that describes in detail, the additional work performed. The additional work tag shall include a detailed description of the work performed including, at a minimum, the location of the work, the reason for the work, materials and equipment used and a summary of man/crew hours expended to complete the work. Subcontractor agrees that the “daily” additional work tags will be presented to the Project Superintendent for acknowledgement of work performed prior to leaving the jobsite on the day the work was performed, or, at a minimum, within 24 hours of performing the work. If Subcontractor fails to comply with this requirement, Subcontractor agrees that work was performed at no additional cost. Any claim for additional compensation must be submitted with all supporting documentation (including daily additional work tags) within fifteen (15) days after such work is performed, provided that 15 days will satisfy any and all timely notice provisions of the Owner-Contractor Agreement. Subcontractor’s failure to submit additional work claims within fifteen (15) days constitutes an agreement by him that changed work was performed at no additional cost to the Contractor or Owner.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. 6.4 If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork, Subcontractor shall timely perform the disputed work and may give written notice of any a claim for additional compensation for that work work. Such written notice of claim must be given within five ten (510) days after such work was is performed. Subcontractor's failure to perform the work or ’s failure to give timely written notice of within the change and claim ten (10) days constitutes an agreement by him that he will not be paid for the disputed work.
6.6 6.5 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, modification or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall hereby agrees to make any and all changes to changes, furnish the materials and perform the work described in the Contract Documents and this Agreement as directed by that Contractor in writing. Such change or written direction shall not invalidate may require, without nullifying this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontractat a reasonable addition to, or reduction from, the Contract Price stated in Section 3 herein, and pro rata to the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed worksame. Subcontractor shall supply adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor with and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work. Any modification in the compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all documentation necessary increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to substantiate perform the amount to entire work under this Agreement arising directly or deduction indirectly from the price or timework and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non-affected work under this Agreement. If Contractor and the Subcontractor cannot agree on initiates a substitution, deviation, or change in the amount of work, which affects the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any expense of other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentexpense thereof. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this provision or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Contractor Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price contract price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after such work was performedis performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and written claim within the ten (10) days constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 4.1 The Contractor may add to or deduct from the Subcontractor’s Work, and any changes so made in the amount of Work involved, or any other parts of this Agreement, shall be by a written amendment setting forth a detailed description and value of the changes involved, which shall be mutually agreed upon between the Contractor and Subcontractor. In the absence of such agreement, the Subcontractor shall proceed with the changed work when so ordered in writing by the Contractor so as not to delay the progress of the changed work or the Subcontractor’s Work, and pending any determination of the value of the changed work, unless Contractor first requests a proposal of cost before the changes are effected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request.
4.2 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind absent a change order issued in writing by the Contractor. The Subcontractor shall be responsible for any costs incurred by the Contractor for changes of any kind made by the Subcontractor that increase the cost of the work for either the Contractor or other subcontractors when the Subcontractor proceeds with such changes without a written order therefore. Accordingly, no course of conduct between the parties shall serve as the basis for additional compensation. Similarly, Subcontractor shall not make any claim for unjust enrichment for any claimed additional work.
4.3 The Subcontractor shall make any and all changes no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor unless notice is given to the Contractor prior to the furnishing of any of the services or material. Contractor must approve all change orders in writing before the changed or extra work described is performed. No additional payment or time will be granted for any changes performed by the Subcontractor that have not been ordered by Contractor or agreed to by the parties. Subcontractor shall not deviate from the plans and specifications or substitute materials (including “or equal” materials) without the issuance of a written change order by Contractor. Pricing on Time and Material Change Orders will be as follows: Material Actual costs incurred. Supplier invoices must be provided. Final pricing on Time & Material Change Orders must be received within 10 days of completion of the extra work. Failure to submit final pricing within this time frame shall waive Subcontractor’s right to such claims.
4.4 Subcontractor shall give Contractor written notice of all claims affecting or relating to the Subcontract Price for which the Owner is or may be liable under the Contract Documents no later than 48 hours after Subcontractor’s first observance of the facts giving rise to the claim, or, if sooner, within the time limits provided in the Contract Documents for like claims by Contractor upon the Owner and in sufficient time for Contractor to initiate such claims against the Owner in accordance with the Contract Documents. The claim shall proceed in the manner provided in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance Subcontractor shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs responsible for substantiating a claim submitted to the changed workOwner on Subcontractor’s behalf. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely be responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damagesand attorney fees incurred by it and by Contractor relating to the claim.
4.5 Any notice of a claim by the Subcontractor shall detail the amounts claimed and provide all information necessary to permit timely and appropriate evaluation of the claim, the determination of responsibility, and liability any remaining opportunity for mitigation. If the Subcontractor is unable to calculate any amount claimed in detail or provide other required information, the Subcontractor shall use all commercially reasonable efforts to provide an estimate of any nature whatsoever associated with such amount or in any way arising out of any such change he makes without written direction from Contractorinformation.
6.4.1 Unless agreed 4.6 If Subcontractor is delayed, obstructed, hindered, or interfered with in a critical element of the Subcontract Work by any cause beyond Subcontractor’s reasonable control and not due to otherwisethe fault of Subcontractor, any changes its officers, agents, employees, lower tier subcontractors, or suppliers, then (A) Subcontractor shall be entitled to an extension of time for a period equivalent to the time lost by reason of such causes, but only if (1) Subcontractor gives Contractor notice in writing of such delay, obstruction, hindrance, or interference within 48 hours of Subcontractor’s first observance of the facts giving rise thereto, (2) Subcontractor demonstrates that it could not have anticipated or avoided such delay, obstruction, hindrance, or interference and has used all available means to minimize the consequences thereof, and (3) the Owner grants Contractor an extension of time for the performance of the Subcontract Work; and (B) Subcontractor shall be entitled to an adjustment in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require Subcontract Price to the signatures extent provided in this Section 4. Subcontractor shall only receive an extension of both time for the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that performance of the Subcontractor. An AWA is intended Subcontract Work to cover work performed on a the extent that the Owner grants Contractor an extension of time and material basis or equivalent. An AWA is only to be used under circumstances where for the performance of the Subcontract Work.
4.7 Subcontractor and Contractor agree that a conventional proposal, estimate and change order would shall not be appropriate. See Prime Contract General Conditions (Document 000700)entitled to nor claim any cost reimbursement, Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Workcompensation, or otherwise requires a change damages (A) attributable to the Contract Documentsdelay, Subcontractor shall provide written notice of the change within five obstruction, hindrance, or interference to Subcontract Work as set forth in Section 4.5, or (5B) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice on account of any claim for additional compensation which the Owner is or may be liable under the Contract Documents as set forth in Section 4.4, except to the extent that Contractor is entitled to a corresponding cost reimbursement, compensation, or damages from Owner under the Contract Documents on account thereof, and then only to the extent of the amount, if any, that Contractor on behalf of Subcontractor actually receives from Owner on account thereof, less any costs, expenses and attorney fees incurred by Contractor. Nothing in this Subcontract precludes Subcontractor’s recovery of damages for that work within five (5) days after such work was performed. delay or to constitute a waiver of Subcontractor's failure ’s right to perform the work or failure to recover damages for delay.
4.8 Subcontractor shall give timely Contractor written notice of all claims affecting or relating to the change and claim constitutes an agreement by him that he will Subcontract Work not addressed above within 48 hours of Subcontractor’s first observance of the facts giving rise to the claim. All such claims shall be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in Section 10 (“Claims & Damages”).
4.9 Subcontractor’s failure to assert a claim in the manner and within the time provided for in this provision Section constitutes a complete waiver of the claim.
4.10 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation is determined by the Owner or notArchitect/Engineer not to entitle the Contractor to a Change Order or extra compensation, then the Contractor shall not be liable to the Subcontractor for any extra compensation for such Work, unless Contractor agreed in writing to such extra compensation.
4.11 A Work Directive is a written order issued by the Contractor to the Subcontractor relating to Subcontractor’s Work but not involving adjustment of the Subcontract sum or schedule and not inconsistent with the intent of the Contract Documents. The Subcontractor shall promptly carry out each Work Directive regardless of whether the Subcontractor agrees that the order does not involve adjustment of the Subcontract sum or schedule. If the Subcontractor reasonably believes that it should be entitled to an adjustment of the Subcontract sum or schedule, or both, on account of a Work Directive, the Subcontractor, within three days after receiving the order, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection give the Contractor written notice of the Subcontractor’s position and shall proceed with this Agreement, and no notice is required the subject Work without first receiving a Change Order related to be given to such surety of any such change, alteration, modification, or deviationit.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Contractor may, at any time, either unilaterally or by direction of the Owner, and without notice to sureties, make changes, additions and/or deletions in the Work. The Subcontractor shall make any and all such changes to the work described in the Contract Documents and this Agreement Work as directed by Contractor in writingwriting (herein called Changed Work). Such change or written direction Changed Work shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually that are agreed upon by Contractor and Subcontractor before Subcontractor performs proceeds with Changed Work. Agreement on any Changed Work constitutes a final settlement and accord and satisfaction of all matters relating to the changed workChanged Work, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Price, time, schedule, or completion date.
6.3 If Contractor provides new, revised or updated documents to Subcontractor or requests a price for Changed Work, Subcontractor shall provide a price or acknowledge no change in cost within ten (10) days. The Subcontractor shall supply Contractor with all documentation documents necessary to substantiate the amount to of the addition or deduction from to the Contract Price or the time for Subcontractor’s performance. If Subcontractor fails to submit a price for Changed Work within ten (10) days, Contractor shall unilaterally determine the price or timeand the time for Subcontractor’s performance, and Subcontractor shall be bound to such determination. If Owner issues a change or proposed change affecting Subcontractor’s Work, Subcontractor agrees, if directed by Contractor, to meet with Contractor and Owner to review and discuss such change. Subcontractor shall only be entitled to appropriate additions or deletions for Owner directed Changed Work to the extent Contractor actually receives such additions or deletions from Owner. If Subcontractor disputes the addition or deletion, such dispute shall be resolved pursuant to Section 17 of the agreement.
6.4 If Subcontractor provides a price for Changed Work within ten (10) days and Contractor and Subcontractor cannot agree on the amount of the addition or deletiondeduction, at Contractor’s option and written direction, Subcontractor shall nonetheless timely perform the Changed Work. The amount of the addition or deduction shall then be determined by the reasonable expenses and savings in the performance of the Changed Work, including the following:
(a) Cost of material and equipment rental directly related to the Changed Work;
(b) Cost of labor, including wages, payroll taxes, workers’ compensation premiums, and fringe benefits which are standard in the industry and properly allocable to the Changed Work, as validated by daily work as changed reports for the Changed Work and verified by the Contractor's written direction. Once ’s Superintendent;
(c) Cost of taxes, insurance and bond premiums directly related to the Changed Work;
(d) Cost of sub-subcontractor’s work directly related to the Changed Work;
(e) Additional compensation to Subcontractor of fifteen percent (15%) of the sum of Subclauses (a), (b), and (c) above, unless a different amount is required by the Prime Contract; and
(f) Additional compensation to Subcontractor of five percent (5%) of Subclause (d) above, unless a different amount is required by the Prime Contract
6.5 When Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written directionChanged Work.
6.3 6.6 Payment for changed work Changed Work shall be made in accordance with Section 45 of Subcontract Agreement (Exhibit A).
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. 6.7 If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor have a dispute about whether particular work constitutes being a change to in the Work, Subcontractor shall timely perform the disputed work in accordance with the interpretation and direction of Contractor. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the disputed work. In addition, within ten (10) days after the disputed work is performed, Subcontractor shall submit its written claim for additional compensation for that the disputed work to Contractor in sufficient detail for Contractor to make an evaluation of the merits of the claim and in the form described in Section 6.3. The Subcontractor’s failure to give written notice to Contractor before proceeding with the disputed work or to submit the written claim within five ten (510) days after such the disputed work was is performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim , constitutes an agreement by him Subcontractor that he it will not be paid for the disputed work.
6.6 6.8 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plansPrime Contract, or specificationsthe Plans and Specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writingpursuant to Contractor’s written direction. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontractapplicable, the Contract Price contract price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary for Contractor to substantiate the amount to or deduction from the price any proposed change in cost or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular certain work constitutes is a change to in the Workscope described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five (5) days after such work was performeda reasonable time, but in no event shall it be later than 72 hours prior to Contractor’s requirement to provide notice to Owner under the Prime Contract. Failure by Subcontractor to provide timely notice will prejudice Contractor’s rights under the Prime Contract. Subcontractor's ’s written claim shall have sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and claim written claim, as provided above, constitutes an agreement by him that he will not it is waiving its rights to be paid compensated for the disputed work.
6.6 . Contractor may request that Subcontractor submit change order proposals or other cost estimates in accordance with this Agreement and the Prime Contract. Subcontractor agrees to provide requested proposals with sufficient substantiation to meet the requirements of this Agreement and the Prime Contract, within the time required by the Prime Contract, so that Contractor can meet its obligations to Owner. Should Subcontractor fail to timely submit requested proposals or estimates, Subcontractor acknowledges that Contractor will be obligated to submit such proposals or estimates on their behalf and Subcontractor shall be bound by such submission. Subcontractor further agrees that it will be responsible for the direct costs incurred by Contractor in preparing and submitting proposals or estimates on Subcontractor’s behalf. If the Subcontractor intends to assert a claim which involves, in whole or in part, acts or omissions which are the responsibility of the Owner or another party, including but not limited to, claims for failure to pay, an extension of time, delay damages, or extra work, Subcontractor will fully comply with the requirements of the Prime Contract in that regard with the express understanding that failure to comply will prejudice Contractor’s rights and may invalidate Subcontractor’s claim. Any notice of claim from Subcontractor must clearly state that it is a contractual notice and must be in a form that complies with this Agreement and the Prime Contract. Communications in emails, daily reports, meeting minutes or other form(s) that do not comply with this Section shall not be considered proper or effective contractual notice. Contractor will present the Subcontractor’s reasonable and verified claims to the Owner or other responsible party. The Subcontractor shall cooperate fully with the Contractor in all steps taken in connection with prosecuting such claims and shall hold harmless and reimburse the Contractor for all expenses, including legal expense, incurred by Contractor which arise out of Contractor’s submission of Subcontractor’s claims to Owner or other responsible party. Subcontractor shall be bound by any adjudication or award in any action or proceeding resolving such claims. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contractPrime Contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 1. Under no conditions shall Subcontractor make any changes, either as additions or deletions, without written order or direction from the General Contractor. General Contractor shall not pay any extra charges requested by the Subcontractor that have not been agreed upon in writing by the General Contractor. If the Subcontractor initiates an unauthorized substitution, deviation or change in the work that affects the work or expense of other trades, Subcontractor shall make be liable for the associated expenses.
2. In the event that a potential change or extra work is recognized, General Contractor will request the Subcontractor to submit a proposal, which Subcontractor shall provide within five (5) days of the General Contractor's request, unless extended by mutual written agreement. Subcontractor shall not proceed with a change or extra work unless it first has a specific Potential Change Item (PCI) control number issued by the General Contractor. Without this specific PCI control number any change or extra work will NOT be compensated, regardless of merit. The proposal must reference this specific PCI control number in order to be reviewed. The proposal shall include a breakdown which includes quantities of various materials, hours of labor required with respect to each class of work, items subcontracted, and all individual line items for overhead and profit. Deductions in work scope to be priced similarly to additions. Lump sum pricing for changes or extra work without a breakdown will NOT be accepted. Failure to provide pricing within the required timeframe will be the Subcontractor's agreement of no additional cost or time for the change or extra work. If the proposed change or extra work described has any time impact in the Contract Documents and this Agreement opinion of the Subcontractor, the Subcontractor shall include a time extension request with substantiation in the Subcontractor's proposal, or it will be conclusively agreed that there are no such schedule- related impacts.
3. In the event the Subcontractor performs authorized work as directed by General Contractor in writingon a time and materials (T&M) basis, Subcontractor shall furnish to the General Contractor on a daily basis all timesheets, material tickets, and listing of any other items for which compensation is requested for General Contractor's review and approval. Such All items must be listed on the document at the time of General ▇▇▇▇▇▇▇▇▇▇'s signature. Signed T&M documents do not constitute an approved change or written direction shall order. They are only verification of the work. Copies of these signed documents must be included as back-up for the change order request, which must be submitted no later than five (5) days after the conclusion of the T&M work. Any costs not invalidate this Agreementsubmitted for approval pursuant to these requirements will not be compensated.
6.2 If necessary, and in accordance with 4. In the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If event General Contractor and Subcontractor cannot agree on whether or not the amount work is changed or extra work, or on the value of the addition or deletiontime impact as a result of changed or extra work, or if Subcontractor is directed to proceed with changed or extra work prior to issuance of a change order, Subcontractor shall nonetheless proceed with and timely prosecute the work as directed by General Contractor. Upon receipt of this direction, the Subcontractor shall diligently perform the work as without disruption or delay. Disputes will be resolved pursuant to this Agreement.
5. Unless otherwise provided in the Prime Contract, the Subcontractor's mark-up for overhead and profit on changed by or extra work performed shall not exceed those indicated in the Work Order. Labor rates used must be justified, including a detailed breakdown of burden, benefits, insurance, and payroll taxes. Subcontractor agrees to give General Contractor access to his certified payroll records to confirm actual pay rates.
6. By executing a Change Order, Subcontractor agrees that the compensation in both time and amount is in full, and is inclusive of any inefficiency, delays, extended overhead, lost productivity, or any other direct or indirect impacts. Failure to promptly return (no later than 14 days from the date of issuance) the executed Subcontract Change Order may result in withholding of progress payments for the changed work, in General Contractor's written directionsole discretion.
7. Once In the event that General Contractor directs Subcontractor receives to work overtime at the General Contractor's written directionexpense, Subcontractor is solely responsible for timely performance of the agrees to perform such work as changed by the written direction.
6.3 Payment for changed work and shall be made in accordance with Section 4.
6.4 reimbursed only for the difference between regular time and overtime rates and the related payroll taxes, insurance, and benefits. Subcontractor shall not make be compensated for inefficiencies or declines in productivity. Nothing herein shall be construed to obligate General Contractor to pay for any changes overtime work it has not been approved in writing, or for any overtime work caused by the work described in Section 2 failure of Subcontractor to provide sufficient manpower or in any way cause or allow that work to deviate from otherwise maintain the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in progress of the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity.
8. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability the event of any nature whatsoever associated with dispute, controversy, or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 claim for additional Owner requirements.
6.5 If Subcontractor discovers a condition compensation or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documentstime extension, Subcontractor shall provide the General Contractor with written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within no later than five (5) days after such from the occurrence of the event on which the claim is made. Such notice shall include but not be limited to a statement of the extent of the time extension and additional compensation requested along with detailed support. Such notice shall describe the claim in detail so as to allow General Contractor to fully evaluate its merits. Any claim not presented within stated time period shall be considered waived by Subcontractor.
9. In the event that a change is made or extra work was performed. is required by the Owner or its agents, and the resulting Subcontractor's failure change request meets the merit and timeliness requirement set forth in the Prime Contract, the General Contractor will present it to perform the work or failure to give timely notice Owner. The decision of the change Owner shall be final and claim constitutes an agreement by him binding upon the Subcontractor to the same extent that he will not be paid for it is final and binding on the disputed workGeneral Contractor.
6.6 10. No change, alteration, claims for additional compensation or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specificationsdamages for delays, whether made in the manner provided in this provision or not, shall release or exonerate, caused in whole or in partpart by any conduct on the part of General Contractor, including, but not limited to, conduct amounting to a breach of the Subcontract, or delays by other subcontractors or Owner, shall be recoverable from General Contractor, and the extension of time for completion of Subcontractor's work shall be the sole remedy available to Subcontractor; provided, however, that in the event General Contractor obtains additional compensation from Owner on account of delays for which Subcontractor has made a claim in compliance with the requirements of the Subcontract, Subcontractor shall be entitled to such portion of the additional compensation so received by General Contractor from Owner as is equitable under the circumstances. In the event that General Contractor prosecutes a claim against Owner for additional compensation for any bond or any surety on any bond given delay which includes a pass-through delay claim by Subcontractor, Subcontractor shall cooperate fully with General Contractor in the prosecution thereof and shall pay costs and expenses incurred in connection with this Agreementtherewith. Nothing herein shall require the General Contractor to pursue a pass-through delay claim by Subcontractor, which determination shall be made in General Contractor's sole discretion.
11. Subcontractor cannot submit a payment request for changed or extra work until a Change Order for the work has been executed by the General Contractor and no notice is required to be given to such surety of any such change, alteration, modification, or deviationSubcontractor.
Appears in 1 contract
Sources: Master Subcontract Agreement
Changes in the Work. 6.1 § 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of a Modification to the Prime Contract issued subsequent to the execution of this Agreement, the Contractor shall promptly notify the Subcontractor of such Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by the Modification to the Prime Contract.
§ 5.1.1 The Subcontractor shall review each modification issued by the Owner and advise the Contractor in writing within seven days of receipt of the modification, unless requested sooner by the Contractor, as to the impact, if any, on the Subcontractor’s Work, including any adjustment in Subcontract time or Subcontract sum. The failure to advise the Contractor within the specified time period as to any impact shall constitute a waiver of the Subcontractor’s right to assert a subsequent claim.
§ 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions, or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, with the Subcontract Sum and the Subcontract Time adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a Claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents.
§ 5.2.1 Subcontractor shall proceed with the changed Work as directed by the Contractor while such claim for adjustment is being determined as provided for in this Agreement. aiv ays, ntractor for such costs, or t trac
§ 5.3 The Subcontractor shall make any and all changes Claims promptly to the work described in the Contract Documents Contractor for additional cost, extensions of time and this Agreement as directed by Contractor in writing. Such change damages for delays, or written direction shall not invalidate this Agreement.
6.2 If necessary, and other causes in accordance with the other provisions Subcontract Documents. A Claim which will affect or become part of this Subcontract, a Claim which the Contractor is required to make under the Prime Contract Price stated within a specified time period or in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work a specified manner shall be made in accordance with Section 4sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Such Claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor’s Claim must be made. Failure of the Subcontractor to make such a timely Claim shall bind the Subcontractor to the same consequences as those to which the Contractor is bound.
6.4 § 5.3.1 Failure of the Subcontractor to make such claim to the Contractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate constitute a w such claim. Receipt of payment by Contractor from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid Owner for that changed extra work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed del shall be a condition precedent to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that right of the Subcontractor. An AWA is intended Subcontractor to cover receive payment from Co damages or claims, unless the extra work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 was ordered solely for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice benefit of the change within five (5) calendar days Contractor from discovering such changed conditionthe fault of Contractor. If a dispute arises between Contractor and con on p tract, exce recedent t pt th o bi ose nding rties mutually agree
§ 5.3.2 Any request for extension of Subcontract time shall be made by Subcontractor about whether particular work constitutes a change to Con the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice occurrence of the change and claim constitutes an agreement by him that he will not be paid for the disputed workevent.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Master Agreement
Changes in the Work. 6.1 Subcontractor a. Lessee shall make any and all have the right to changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction Lessor-Provided Improvements during the course of construction, provided that:
(1) Lessor shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 approve all such changes and the time for Subcontractor's performance Substantial Completion of Lessor-Provided Improvements shall be adjusted extended for such time as Lessor needs to complete changes including any delays caused by appropriate additions (i) subcontractors who are unable to immediately accommodate the delays or, (ii) any other "force majeure" reason. Lessor shall not unreasonably withhold, delay or deductions mutually agreed upon before Subcontractor performs condition its approval to any changes.
(2) All changes made pursuant to this Subsection "a" above which cause an increase in cost of Lessor-Provided Improvements shall be borne solely by the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount Lessee.
b. Upon final completion of the addition or deletionLessor-Provided Improvements, Subcontractor Lessor shall nonetheless timely perform ▇▇▇▇ Lessee for the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance cost of the work changes or additions as changed by the written direction.
6.3 Payment for changed work provided herein which ▇▇▇▇ shall be made in accordance with Section 4.paid by Lessee within thirty (30) days of receipt thereof. Exhibit "C" to Lease
6.4 Subcontractor shall not make any changes c. Each and every change in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement Lessor-Provided Improvements requested by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor Lessee shall be liable for any and all losses, costs, expenses, damages, and liability evidenced by a specific written authorization which shall specify (i) the cost of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alterationand (ii) the anticipated time of delay in Substantial Completion of Lessor-Provided Improvements resulting from the change, modificationif any, and signed by Lessor's and Lessee's respective construction representatives. In no event shall any change or deviationchanges be permitted without such authorizations.
d. Each and every authorization shall be prepared and executed by the construction representative at the earliest possible opportunity and shall indicate any change in the construction costs.
e. Any delay in the date of Substantial Completion of Lessor-Provided Improvements resulting from such changes shall not delay the commencement of the payment of Rent under the Lease.
f. With respect to the construction work being conducted in or about the Premises, each party agrees to be bound by and authorize the other party to rely upon the approval and actions of their respective construction representatives. Unless changed by written notification, the parties hereby designate the following individuals as their respective construction representatives:
Appears in 1 contract
Sources: Lease Agreement (Iown Holdings Inc)
Changes in the Work. 6.1 A. Subcontractor shall agrees to make any and all changes changes, furnish the materials, and perform the work that Prime Contractor may require without nullifying the Subcontract, at a reasonable addition to, or reduction from the Subcontract Price, and pro-rata to the work described in same. This Subcontract shall apply to any changes or extras. Subcontractor shall adhere strictly to the Contract Documents and this Agreement as directed by Contractor unless a change to them is authorized in writing. Such change Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written direction order of Prime Contractor, and Prime Contractor shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted pay any extra charges submitted or claimed by appropriate additions or deductions mutually Subcontractor that have not been agreed upon before Subcontractor performs the changed workin writing by Prime Contractor. Subcontractor shall supply submit immediately to Prime Contractor with all documentation necessary to substantiate written copies of its cost or credit proposal for changes in the amount to or deduction from the price or timework. If Disputed work shall be performed as ordered in writing by Prime Contractor and the proper cost or credit breakdowns for that work shall be submitted without delay by Subcontractor cannot agree to Prime Contractor. Notice of any damage or of any additional cost which Subcontractor claims is the responsibility of Owner, Architect, Prime Contractor, or of any other subcontractor, shall be filed in writing by Subcontractor at Prime Contractor’s home office within the time required by the Prime Contract, but in no event more than three days after the commencement of any such alleged damage or additional cost. Subcontractor shall file with Prime Contractor an itemized written accounting fully supported by original documentation of such damage or additional cost within seven days or an earlier time required by the Prime Contract. Unless filed within those specified periods of time, Prime Contractor shall have the right to consider the claim waived by Subcontractor without any further recourse against Prime Contractor, its Surety, or Owner.
B. The only persons authorized to sign Change Orders on behalf of Prime Contractor are the amount assigned Project Manager as noted in Attachment ‘A’ or Principal of firm.
▇. ▇▇▇▇▇▇▇ the Superintendent, ▇▇▇▇▇▇▇, nor his or her assistants or subordinates have any authority to execute Change Orders on behalf of Prime Contractor, or in any manner modify the terms or conditions of the addition Subcontract, or deletionto authorize or enter into on behalf of Prime Contractor any agreements or services from Subcontractor.
D. If Subcontractor initiates a substitution, Subcontractor shall nonetheless timely perform deviation or change in the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance which affects the scope of the work as changed by or the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any expense of other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractorthe resulting expense.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 E. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, whether or specifications, whether not made in the manner provided in this provision or notspecified above, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreementthe Subcontract, and no notice is required neither Owner nor Prime Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 The Subcontractor may be ordered by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of such Subcontract consisting of additions, deletions, or other revisions. The Contract Sum and the Contract Time for such revised Work shall make any and all changes be adjusted in a manner consistent with the Contract Documents. Subcontractor, prior to the work described commencement of such changed or revised Work, shall submit promptly to Contractor written copies of any claim for adjustment to the Contract Sum or Contract Time for such revised Work. No alteration, addition, omission, or change shall be made in the Work, except upon the written change order of Contractor. Any change or adjustment in the Contract Documents and this Agreement as directed Sum or schedule by Contractor in writing. Such virtue of such change or written direction order shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price be specifically stated in Section 3 and said change order. Prior to the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount issuance of the addition or deletionany change order, Subcontractor shall nonetheless timely furnish to Contractor a detailed breakdown showing the difference in the schedule and in the value of the work, labor, services, and materials, altered, added, omitted, or changed by the proposed change order. Unless and until Contractor approves the proposed change order in writing, Subcontractor shall be under no duty or obligation to perform or carry out such proposed change order and Contractor shall be under no duty, obligation, or liability to pay any increase in the Contract Sum or provide additional contract time as a result of such proposed change order. If an agreement as to the amount or other term of a change order cannot be reached, Contractor may issue a written directive to Subcontractor that Subcontractor is to perform the work as changed by Contractor's detailed within the written directiondirective. Once Subcontractor receives Contractor's written directionshall be compensated, Subcontractor is solely responsible upon the production of adequate evidence in a form acceptable to Contractor for timely performance the direct labor and material costs, plus 10% overhead and profit, incurred in the execution of the work as changed by detailed in the written directiondirective.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not
5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make any and all changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by Modifications to the work described Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted where applicable. Additional award of Subcontract Time and Subcontract Sum shall only be made upon a fully executed Change Order. The parties expressly acknowledge and represent that no communications or course of dealing between them by any person, whether written, oral, or otherwise, will alter this contractual requirement in any way. In this regard, and absent a fully executed Change Order, the Contractor may, in its sole discretion and at any time, rightfully and without prejudice or liability to the Contractor, reevaluate any previous acknowledgement of extra Work and/or agreement to award additional Subcontract Time or Subcontract Sum for the same. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Contract Documents, in accordance with the Change Estimate/Change Order Procedure set forth in Exhibit E, and within the time frame required by the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within no event greater than five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and after Subcontractor about whether particular work constitutes knows or should have known of the claim or request for a change proposal. Failure to respond within such time period shall be deemed a waiver by the Subcontractor for any compensation or additional time associated with that claim or request for change proposal.
5.3 The Subcontractor shall make all claims promptly to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim Contractor for additional compensation cost, extensions of time and damages for that work within delays or other causes in accordance with the Contract Documents and in no event greater than five (5) days after such work was performed. Subcontractor's failure to perform the work Subcontractor knows or failure to give timely notice should have known of the change and claim. A claim constitutes an agreement by him that he which will not be paid for affect or become part of a claim which the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice Contractor is required to make under the Prime Contract within a specified time period or in a specified manner shall be given made in sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract and in no event greater than five (5) days after Subcontractor knows or should have known of the claim. Failure of the Subcontractor to make such surety of any such changea claim timely shall bind the Subcontractor to the same consequences as those to which the Contractor is bound.
5.4 Any written request by the Subcontractor to the Contractor for an increase in the subcontract price shall be responded to by the Contractor within the time frames stated in M.G.L. c. 149, alteration, modification, or deviation§ 29(E)(d).
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 1. Without invalidating the Contract, ▇▇▇▇▇▇▇ may at any time or from time to time order additions, deletions, or revisions in the Work. The AUGUSTA shall make provide PLUMBER with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, PLUMBER shall promptly submit a written proposal for the changed work prepared in accordance within this Agreement. If the proposal request calls only for the deletion of Work, the AUGUSTA may order the partial suspension of any and all changes Work related to the work described proposed deletion, in which case PLUMBER must cease performance as directed; PLUMBER shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents.
2. Additional Work performed by PLUMBER without authorization of a Change Order will not entitle PLUMBER to an increase in the Contract Documents and this Agreement Price or an extension of the Contract Time, except in the case of an emergency as directed by Contractor in writing. Such change or written direction shall not invalidate provided as provided for within this Agreement. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents.
6.2 If necessary3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided for within this Agreement, and any other claim of PLUMBER for a change in the Contract Time or the Contract Price, PROJECT MANAGER will prepare a written Change Order to be signed by PROJECT MANAGER and PLUMBER and submitted to AUGUSTA for approval.
4. In the absence of an agreement as provided for within this Agreement, AUGUSTA may, at its sole discretion, issue a Work Change Directive to PLUMBER. Pricing of the Work Change Directive will be in accordance with within the other provisions terms of this SubcontractAgreement. The Work Change Directive will specify a price, the Contract Price stated in Section 3 and the if applicable a time for Subcontractor's performance shall extension, determined to be adjusted reasonable by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeAUGUSTA. If Contractor and Subcontractor cannot agree on PLUMBER fails to sign such Work Change Directive, PLUMBER may submit a claim in accordance within the amount terms of the addition or deletionthis Agreement, Subcontractor but PLUMBER shall nonetheless timely nevertheless be obligated to fully perform the work as changed directed by Contractor's written directionthe Work Change Directive.
5. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely PLUMBER shall proceed diligently with performance of the work Work as changed directed by the written direction▇▇▇▇▇▇▇, regardless of pending claim actions, unless otherwise agreed to in writing.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make 6. If notice of any changes in change affecting the work described in Section 2 general scope of the Work or in any way cause or allow that work to deviate from the provisions of the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in (including, but not limited to, Contract Price or Contract Time) is required by the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability provisions of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required Bond to be given to such surety a surety, the giving of any such changenotice will be PLUMBER's responsibility, alteration, modification, or deviationand the amount of each applicable Bond will be adjusted accordingly.
Appears in 1 contract
Changes in the Work. 6.1 Subcontractor 10.1. Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Construction Manager shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Construction Manager for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally.
10.2. A Change Order, in the form attached as Exhibit G to this Agreement, shall be prepared by the Construction Manager, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Manager and Owner concerning the requested changes. Construction Manager shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Manager shall mutually agree.
10.3. If Owner and Construction Manager are unable to agree on a Change Order for the requested change, Construction Manager shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree Construction Manager disagrees with Owner' s adjustment determination, Construction Manager must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter.
10.4. In the event a requested change is approved by Owner which results in an increase to the Contract Amount, a Change Order shall be issued which increases the GMP by the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance Construction Manager' s actual and reasonable direct Cost of the work Work. In the event such change Work is performed by a subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted. Construction Manager shall not be entitled to any ▇▇▇▇-up for Change Order work, nor shall the Construction Management Fee be increased as changed a result of any Change Order work. Provided, however, if at the time final payment is made to Construction Manager the total Cost of the Work has been increased by approved Change Orders in an amount causing the written directionGMP originally set by Construction Manager and Owner to be exceeded by $10,000, Construction Manager shall be entitled to an increase to the Construction Management Fee in the amount of eight percent (8%) of the amount exceeding the sum of $10,000.00 and the GMP.
6.3 Payment for changed work 10.5. Owner shall be made in accordance have the right to conduct an audit of Construction Manager' s books and records to verify the accuracy of Construction Manager' s claim with Section 4respect to Construction Manager' s costs associated with any Change Order.
6.4 Subcontractor 10.6. Design Professional shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes Work not involving an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change adjustment to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change Amount or an extension to the Work, Subcontractor shall timely perform Contract Time and not inconsistent with the disputed work and give written notice intent of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, . Such changes may be effected by written order issued by Design Professional. Such changes shall release or exonerate, in whole or in part, any bond or any surety be binding on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationConstruction Manager.
Appears in 1 contract
Sources: Construction Management Contract
Changes in the Work. 6.1 11.1 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract, consisting of additions, deletions, duration changes, or other revisions, including those required by change orders or modifications to the Prime Contract issued subsequent to the execution of a Project-Specific Work Order. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor a written request for a time extension or an adjustment to the Subcontract Sum for the revised Work in a manner consistent with timing and formatting requirements of the Subcontract Documents. Subcontractor’s failure to submit a written request for a Subcontract Sum adjustment or time extension before beginning the changed Work shall result in a waiver of Subcontractor’s right to receive a Subcontract Sum adjustment or time extension. Subcontractor shall make not receive payment for any changed or extra Work not authorized in writing by Contractor before the Work was performed.
11.2 Subcontractor acknowledges and agrees that Owner’s payment to Contractor for extra or changed Work is a condition precedent to Contractor's obligation to pay anything to Subcontractor for such work. Subcontractor agrees to accept the Owner’s estimation or determination of the existence, quantity, and quality of extra or changed Work.
11.3 In the event Contractor directs Subcontractor to perform changed or extra Work on a force account or time and material basis, Subcontractor shall submit for Contractor’s signature on a daily basis a record of the quantity of Work performed and labor and equipment hours expended. Contractor’s signature on a daily force account or time and material record sheet means only that some Work was performed; it does not entitle Subcontractor to payment for any Work. Subcontractor agrees all changes force account and time and material Work is subject to audit of both quantity and rate of compensation. Contractor is entitled to reimbursement of erroneously paid sums.
11.4 In the event Contractor and Subcontractor do not agree on the proper adjustment to the work described in schedule or allowable duration for the Contract Documents and this Agreement Work or the Subcontract Sum as directed by Contractor in writing. Such change or written direction a result of changed Work, Subcontractor shall not invalidate this Agreement.
6.2 If necessary, and still perform the changed Work in accordance with the other provisions of this Subcontract, work plan or schedule and Contractor shall determine the Contract Price stated in Section 3 and adjustment to the Subcontract Sum or the time modification, subject to the dispute resolution procedures in the Subcontract Documents.
11.5 Execution of a modification or change order to a Project-Specific Work Order shall conclusively resolve, without reservation, any and all actual or potential claims or demands for Subcontractor's performance shall be adjusted adjustments in the Subcontract Sum by appropriate additions reason of, based on, or deductions mutually agreed upon before Subcontractor performs in any manner related to the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount subject of the addition modification or deletion, Subcontractor shall nonetheless timely perform change order or the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work Work identified in it and shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents conclusively resolve, without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorreservation, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with actual or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes potential claims or demands for adjustments in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require contract time through the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that date of the Subcontractor. An AWA is intended to cover work performed on a time and material basis modification or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementsorder.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Master Subcontract Agreement
Changes in the Work. 6.1 a. Subcontractor shall make any and all changes to in Subcontractor’s Work including the performance of extra work described in the Contract Documents and this Agreement work directed by construction change directive (collectively, “Changed Work”) as directed by Contractor in writing. Such change or Neither the performance of any Changed Work, nor Contractor’s written direction to Subcontract to perform the Changed Work shall not invalidate this Agreement or any bond produced by Subcontractor under this Agreement.
6.2 If necessary, and in accordance with b. Subject to the other provisions of this SubcontractSection 5.a., above, upon the authorized performance Changed Work by the Subcontractor pursuant written direction from the Contractor, the Contract Price stated in Section 3 Sum and, provide Subcontractor demonstrates to Contractor and Owner that an extension of time is necessary, the time for Subcontractor's performance shall Contract Time may be adjusted by appropriate additions or deductions mutually and deductions.
(1) Unless Subcontractor is directed by Contractor to perform Changed Work on a time-and- materials basis, Contractor and Subcontractor agree that any adjustment in the Contract Sum and Subcontractor’s time of performance shall be agreed upon by Contractor and Subcontractor before Subcontractor performs begins the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. performance of any Changed Work.
c. If Contractor and Subcontractor cannot agree on the amount of the addition or deletiondeletion to the Contract Sum or the Subcontractor’s time, or if Subcontractor is directed to perform Changed Work on a time-and- materials basis, Subcontractor shall nonetheless timely and diligently perform the work as changed by Changed Work identified in Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the ’s written direction.
6.3 Payment (1) Should Owner or the Contractor elect to have any Changed Work performed on a time- and-material basis in lieu of lump sum proposal or unit prices, and Contractor so notifies Subcontractor in writing, the Subcontractor shall perform such Changed Work at Subcontractor’s actual direct cost of labor, materials, suppliers, subcontractors, and rental equipment (not including charges for changed work administration, clerical expense, supervision or superintendence of any nature whatever, including foremen, or the cost, use, or rental of hand tools, vehicles, or office facilities), plus a markup of ten (10) percent on the direct costs for Subcontractor’s overhead and profit. The allowed markup for overhead and profit shall be made inclusive of any and all costs and expenses including, but not limited to, all overhead of whatever kind or nature, and all supervision, management, administration, estimating or other costs.
(3) Subcontractor shall submit to the Contractor, or the Contractor’s representative for review and signing, daily time and material tickets. These tickets will include the identification number assigned to the particular Changed Work, the location and description of the work, the classification of labor employed including workers' names and social security numbers, the hours worked, the material used, the size and description of all equipment utilized and the number of hours of actual operation (standby time is not permitted), and any other information ordered by the Contractor.
(4) The Contractor or the Contractor’s representative shall be under no obligation to sign any daily time and material ticket unless such ticket is fully and accurately completed to the satisfaction of the Contractor or the Contractor’s representative. The time and materials tickets shall not be valid, and Subcontractor shall not be entitled to payment for any such tickets unless each ticket is signed by the Contractor or the Contractor’s representative.
(5) If Subcontractor procures the performance of Changed Work by others rather than its own employees, the Subcontractor shall not be entitled to greater payment than that to which it would have been entitled if it had itself furnished the labor and materials required in connection with the Changed Work performed in accordance with Section 4this provision.
6.4 d. Subcontractor shall not make any changes in to Subcontractor’s Work or the work described in Section 2 of the Project, or in any way cause or allow that work Subcontractor’s Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 Subcontractor’s Work without written direction from Contractor, such change constitutes an agreement by Subcontractor that he Subcontractor will not be paid for that changed work, even if he Subcontractor received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, addition Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with with, or in any way arising out of of, any such change he it makes to Subcontractor’s Work without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. e. If a dispute arises between Contractor and Subcontractor about as to the performance of Changed Work or whether particular work constitutes is a change to the in Subcontractor’s Work, Subcontractor shall timely perform the disputed work and may give written notice of any a claim for additional compensation for that work within five (5) days after such work was performedin accordance Section 6 of this Agreement. Subcontractor's failure to perform the work or ’s failure to give timely written notice of any claim within the change and claim constitutes times required in this Agreement shall constitute an agreement by him Subcontractor that he Subcontractor will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Subcontractor‟s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Contractor‟s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract
Changes in the Work. 6.1 Subcontractor shall make 4.1 Owner and Trade Contractor agree that Owner may add to or deduct from the amount of Work covered by this Agreement, and any and all changes to the work described so made in the Contract Documents and this Agreement as directed by Contractor in writing. Such change amount of Work involved, or written direction shall not invalidate any other parts of this Agreement.
6.2 If necessary, and shall be by a written amendment setting forth in accordance with detail the other provisions of this Subcontract, the Contract Price stated in Section 3 changes involved and the time for Subcontractor's performance value thereof which shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs between Owner and Trade Contractor. Trade Contractor agrees to proceed with the Work as changed workwhen so ordered in writing by Owner so as not to delay the progress of the Work, and without any determination of the value thereof. Subcontractor At all times, if Owner requests a proposal of cost for a change, Trade Contractor shall supply promptly (within 5 working days) comply with such request.
4.2 Trade Contractor with all documentation necessary shall be entitled to substantiate receive no extra compensation for extra Work or materials or changes of any kind regardless of whether the amount to same was ordered by Owner or deduction from the price any of its representatives unless a Change Order or timewritten directive therefor has been issued in writing by Owner. If extra work was ordered by Owner and Trade Contractor and Subcontractor canperformed same but did not agree on receive a written order therefor, Trade Contractor shall be deemed to have waived any claim for extra compensation therefore, regardless of any written or verbal protests or claims by Trade Contractor. Trade Contractor shall be responsible for any costs incurred by Owner for changes of any kind made by Trade Contractor that increase the amount cost of the addition Work for either Owner or deletion, Subcontractor other trade contractors when
4.3 Trade Contractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional give Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work all claims within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change occurrence of the event giving rise to such claims. Thereafter, Trade Contractor shall submit written documentation of its claim, including the amount of the claim and claim constitutes an agreement proper supporting documentation, within ten (10) days of giving such notice, unless Owner agrees to a longer period of time. Trade Contractor agrees to provide such additional supporting documentation as requested by him that he will not Owner. If Trade Contractor fails to comply with such notice requirements, such claims shall be paid for the disputed work.
6.6 No changedeemed waived. All unresolved claims, alterationdisputes, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made and other matters in question between Owner and Trade Contractor shall be resolved in the manner provided in this provision or notArticle 11 herein.
4.4 For changes in the Work approved by Owner as provided herein, Trade Contractor shall release or exonerate, be paid for overhead and profit an amount as set forth in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationthe Contract Documents.
Appears in 1 contract
Sources: Trade Contract
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format.. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not bill for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after such work was performedis performed in sufficient detail for Contractor to make an evaluation of the merits of the claim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and written claim as specified herein constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price contract price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. These price changes from the Subcontractor shall be sent to the Contractor within 5 business days of the Subcontractor receiving the direction of change. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's upon Contractors written directiondirection to proceed or the failure to reach an agreement on the amount of the addition or deletion. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Where agreement is reached over changed work, such change order shall be conclusive and constitutes a waiver by Subcontractor of any other sums, claims, time impacts or other costs not expressly stated in the change order, which arise from the changed work. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and may give written notice of any a claim for additional compensation for that work work. Such written notice of claim must be given within five ten (510) days after such work was is performed. Subcontractor's failure to perform the work or ’s failure to give timely written notice of within the change and claim ten (10) days constitutes an agreement by him that he will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Contractor may at any time and without invalidating this Agreement, by written order and without notice to surety, make changes in the work herein contracted for consisting of additions, deletions or other revisions, and Subcontractor shall make any and all changes to proceed with the work described as directed. If said changes cause an increase or decrease in the Contract Documents and cost of performance or in the time required for performance an equitable adjustment shall be made when a request is timely made by Subcontractor, but only upon the written approval of Contractor. No extension to Subcontractor’s time of performance as a result of changed work shall be allowed under this Agreement as directed Subcontract unless authorized by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions The value of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work requested by Subcontractor shall include all costs for delay and disruption to Subcontractor’s work. Subcontractor shall supply Contractor not be entitled to any additional compensation for delay and disruption caused by the changed work unless such costs are requested and approved by Owner. In no event, shall Subcontractor be entitled to compensation for the collective impact of changed work. Nothing herein shall excuse Subcontractor from proceeding with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance prosecution of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 changed. INSPECTION AND PROTECTION OF WORK: Subcontractor shall not make any changes take necessary precautions to properly protect the work of Contractor and other subcontractors from damage caused by operations under this Subcontract. Subcontractor shall cooperate with Contractor and other subcontractors. Subcontractor shall participate in the work described preparation of coordinated drawings in Section 2 or in any way cause or allow that work to deviate from areas of congestion specifically noting and advising Contractor of potential conflicts between the Contract Documents without written direction from Contractor. If Work of Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Contractor and other subcontractors. WARRANTIES: Subcontractor warrants and guarantees the work and materials which he performs or furnishes under this Subcontract and agrees to make good, at its own expense, any defect in materials or workmanship which may occur or develop prior to Contractor’s release from responsibility by Owner. Subcontractor further agrees to assume, as a direct obligation to Contractor and/or Owner, any guarantees or warranties which would otherwise be the responsibility of Contractor or other subcontractors, when such guarantees or warranties have been cancelled as a result of Subcontractor’s operations in performance of this Agreement. An AWA is intended to cover work performed on a time and material basis Without limitation of the foregoing or equivalent. An AWA is only to be used under circumstances where other obligations of Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 provided for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to in the Contract Documents, immediately upon Contractor’s demand, Subcontractor, at its own expense, shall repair, replace, restore or rebuild, at Contractor’s option, any work in which defects in materials or workmanship may appear, or which is otherwise not in conformance with the other warranties of Subcontractor hereunder, or to which damage may occur because of such defects or lack of conformance, within one (1) year or such longer period as required by the specifications from the date of Owner’s and architect’s final acceptance of the Project. If Subcontractor fails to comply, Contractor may correct such defect or lack of conformance, as the case may be, and Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between immediately reimburse Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workthereof.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Contractor may, at any time by written order of Contractor's authorized representative, make deletions, additions, or other modifications to the work to be performed and materials to be furnished under this Agreement, and Subcontractor shall immediately proceed with the performance of this Agreement as so changed. Subcontractor shall make any and all no changes to in the work described in the Contract Documents and this Agreement except as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 1 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before the Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Where cost proposals are required for changes in the work, Subcontractor agrees to furnish costs with required breakdowns (labor breakdowns shall include hours). In no event shall the Subcontractor’s ▇▇▇▇-up exceed 15% for overhead and profit on any additional work. Subcontractor agrees to furnish written proposals to the Contractor in accordance with the following schedule:
(a) Changes to work in progress or on hold pending change approval shall be submitted within one (1) business day of change notification.
(b) Changes to work scheduled to begin within one (1) week shall be submitted within three (3) business days of change notification.
(c) All other changes shall be submitted within seven (7) calendar days of change notification. In the event Subcontractor fails to comply with the above submittal requirement, Contractor at its sole option may prepare and submit to the Owner an estimate for the value of change in question, and Subcontractor agrees to be bound to the cost submitted by the Contractor for this change. A disagreement between Contractor and Subcontractor cannot agree on as to (i) an increase or decrease in the amount of the addition subcontract price or deletion, Subcontractor shall nonetheless timely perform (ii) whether the work as changed by Contractor's written direction. Once is within Subcontractor’s scope shall not relieve Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely from immediately proceeding with the performance of the Subcontract as modified, changed or amended. If a dispute arises between Contractor and Subcontractor about whether particular work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes is a change in the work described in Section 2 1, Subcontractor shall, upon receipt of Contractor's written directive, timely perform the disputed work. Notwithstanding any dispute about modifications, additions, or in deletions to Subcontractor’s work or whether the work is within Subcontractor’s scope, and to the greatest extent permitted by law, Subcontractor agrees to continue with its performance and maintain the schedule of work pending resolution of any way cause and all such disputes. The foregoing sentence constitutes an advance waiver by Subcontractor of any actual or allow alleged right to stop work, rescind, or abandon the project. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to deviate from make an evaluation of the Contract Documents without merits of the claim. Subcontractor's failure to either give the written direction from Contractornotice before proceeding with the work or to submit the written claim within the ten (10) days constitutes an agreement by Subcontractor that it will not be paid for the disputed work and a conclusive defense to any claim by Subcontractor. If Subcontractor makes any changes in the work described in Section 2 1 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 9.1 By appropriate modifications, changes in the work may be accomplished after execution of the Contract. The COUNTY, without invalidating the Contract, may order changes in the work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the work shall make any be authorized by written Change Order signed by the COUNTY’s representative, CONTRACTOR, and all changes Engineer, or by written Construction Change Directive signed by the COUNTY’s representative.
9.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the work shall be determined by mutual agreement of the parties, or in the case of a Construction Change Directive signed only by the COUNTY, by the CONTRACTOR’s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree in writing on another method for determining the cost or credit. Pending final determination for the total cost of a Construction Change Directive, the CONTRACTOR may request payment for work completed pursuant to the Construction Change Directive. When the COUNTY and CONTRACTOR agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Engineer will prepare a Change Order.
9.3 The Engineer will have authority to order minor changes in the work described not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents on behalf of the COUNTY. Such changes shall be effected by written order and shall be binding on the COUNTY and CONTRACTOR. The CONTRACTOR shall carry out such written orders promptly. If the CONTRACTOR or COUNTY asserts that the change is not “minor,” one or the other may negotiate with all parties.
9.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with from those conditions found to exist before execution of the other provisions of this SubcontractContract, the Contract Price stated in Section 3 Sum and the time for Subcontractor's performance Contract Time shall be equitably adjusted by appropriate additions or deductions as mutually agreed upon before Subcontractor performs between the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager COUNTY and the Superintendent. Each AWA will require these two signatures by CONTRACTOR; provided that the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change CONTRACTOR provides prompt written notice to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workCOUNTY before conditions are disturbed.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Construction Contract
Changes in the Work. 6.1 Subcontractor shall make any and all Without invalidating the Work Contract, Owner can order modifications, additions, deletions, or other changes in the Work after the date of the Work Contract Form with adjustments to the work described Contract Sum and Contract Time if appropriate under this Article 7. No change in the Contract Documents and this Agreement as directed Work, however, will be incorporated into the Work until approved by Contractor Owner in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and writing in accordance with the other provisions of procedures set forth in this Subcontract, Article. Contractor will not be entitled to an increase in the Contract Price stated Sum or extension of the Contract Time for furnishing labor, materials, equipment, services, or other items that are not required by the Work Contract, as amended in Section 3 accordance with this Article. The Contract Sum and the time for Subcontractor's performance shall Contract Time can only be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs written Change Order. A Change Order is a written instrument, the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If form of which is attached hereto as Exhibit B, signed by Contractor and Subcontractor Owner that incorporates into the Work Contract one or more Potential Change Orders approved in accordance with this Article. A Change Order signed by Owner and Contractor constitutes a final settlement of all matters relating to the changes in the Work that are the subject of the Change Order, including all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and Contract Time, unless specifically noted otherwise in the Change Order. A Potential Change Order is a written instrument prepared by Contractor for the approval of Owner. Each Potential Change Order must be a complete statement of the proposed (i) change in the Work, (ii) amount of adjustment, if any, to Contract Sum, and (iii) extent of the adjustment, if any, in the Contract Time. Whenever Contractor becomes aware of changes, concealed or unforeseen conditions, or other circumstances that will change or may lead to a change in the Work or for any reason warrant adjustments to the Contract Sum or Contract Time, Contractor must promptly notify Owner in writing of the circumstances and submit a Potential Change Order within ten (10) days. The Potential Change Order must specify in detail the basis for the request and include itemized estimates of costs and delay, documentation related to the reasons for the request, and documentation supporting any requested adjustments to the Contract Sum or Contract Time. Upon Owner’s approval of a Potential Change Order, a Change Order must be signed to incorporate the change into the Work Contract. If, prior to a fully signed Change Order, Owner specifically orders Contractor in writing to promptly proceed with a proposed change in the Work to prevent delay in the Work, Contractor will confirm the order and directives in writing and proceed with the change. In an emergency affecting safety of persons or property, Contractor will promptly act in a reasonable manner to prevent threatened damage, injury, or loss and timely thereafter submit a Potential Change Order for the costs incurred by Contractor due to the action in accordance with this Article. Unless otherwise agreed, all adjustments to the Contract Sum will be determined based on net reasonable costs saved and incurred due to the change in the Work, plus or minus amounts for overhead and profit. Contractor and each entity performing a portion of the Work affected by the change must furnish an itemized estimate and retain, in such form and detail as Owner prescribes, an itemized accounting of actual costs incurred and saved together with appropriate supporting data. The estimates and accountings must separately itemize overhead and profit, general conditions, allowances, each trade and service, labor, materials, equipment, and all agreements to furnish any significant portion of the change in the Work and provide detail with respect to quantities, labor hours and rates, taxes, insurance, etc. The amounts allowed for overhead and profit combined shall not exceed (i) ten percent (10%) with respect to work performed by any entity’s own forces or (ii) five percent (5%) with respect to work performed by subcontractors, sub-subcontractors, and consultants. To the extent Owner and Contractor cannot agree on reach agreement with respect to changes in the amount of Work or a pending Potential Change Order or any other request for an adjustment in the addition Contract Sum or deletionContract Time, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall a Claim must be made in accordance with Section 4.
6.4 Subcontractor shall the applicable provisions of Article 11. Pending resolution or agreement, Contractor will proceed diligently with performance of the Work Contract and Owner will continue to make payments in accordance with the Work Contract, including payments of amounts not make any in dispute for changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from ContractorWork.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Master Work Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all Company has the right to order changes to be made in the work described Work. Contractor will not be entitled to any additional compensation for any out-of-scope Work performed prior to the execution of a Change Order by both Company and Contractor. If changes requested by Company affect the scope of the Work to be performed, Contractor’s costs, or the Schedule, Contractor will be entitled to seek an equitable adjustment in the Contract Documents and this Agreement Price and/or Schedule through a Change Order the form of which is attached hereto as directed Exhibit P. Any claim by Contractor for adjustment shall be deemed waived unless made in writing within ten Days after receipt by Contractor of notice of such change request. Unless agreed by Company in writing, all requests for payments made pursuant to a Change Order shall be submitted by Contractor in writinginvoices separately from the amounts due pursuant to the scope of Work as originally specified in these Contract Documents. Such All invoices covering additions or credits to these Contract Documents shall refer to the specific change order or similar written direction shall authorization issued by Company with respect to the addition or credit and will not invalidate be honored unless this Agreementreference is included.
6.2 (a) If necessarythe changes requested by Company do not involve extra cost, Contractor will not be entitled to additional compensation. If the changes requested by Company reduce in any way the Work, Contractor will not be entitled to any claim for lost profits or other damages and in accordance with the other provisions of this Subcontract, Company will be entitled to a credit against the Contract Price stated in Section 3 an equitable amount, but subject to allowance to Contractor for its actual costs incurred for the purchase, rental, delivery and the time subsequent disposal of materials and equipment required for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely use in performance of the work as changed Work but not used due to the Change Order and not used by the written directionCompany.
6.3 Payment for changed work shall (b) If the changes requested by Company increase the Work to be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorperformed, such change constitutes an agreement by Subcontractor that he will not increase shall be paid for that changed workby Company as evidenced by a mutually signed Change Order as determined by Company and Contractor in one of the following methods, even if he received verbal directioneither: (i) by agreed unit price, written (ii) by agreed lump sum, or otherwise, from (iii) only when the OWNER additional Work cannot be clearly identified or any other person estimated or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractorwhen directed by Company pursuant to Section 23.1(c).
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will c) Company may require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work Change Order Work based on the actual direct costs reasonably and prudently incurred or failure estimated to give timely notice be incurred in the performance of the change changed Work by Contractor including markup for G&A plus 12%. In no event shall the rates used by Contractor in pricing any Change Order Work exceed the rates set forth in Exhibit C (Unit Pricing) or Exhibit P, Appendix P-1 (Labor and claim constitutes an agreement by him that he will Equipment Rates), as identified in the applicable Change Order. Contractor shall not be paid for the disputed work.
6.6 No change, alteration, or modification permitted to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety additional markup on any bond given in connection with this Agreementcosts incurred by Contractor’s Affiliates or subsidiaries. Contractor shall submit a detailed cost breakdown including manhours by craft or discipline, quantities of material, equipment and no notice is required other applicable costs. Owner shall have access to be given to such surety of any such change, alteration, modification, or deviationChange Order pricing and all related cost buildups for submitted Change Orders.
Appears in 1 contract
Sources: Contract for Procurement and Installation of Gas Pipeline (Spire Alabama Inc)
Changes in the Work. 6.1 The Subcontractor may be ordered by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of such Subcontract consisting of additions, deletions, or other revisions. The Contract Sum and the Contract Time for such revised Work shall make any and all changes be adjusted in a manner consistent with the Contract Documents. Subcontractor, prior to the work described commencement of such changed or revised Work, shall submit promptly to Contractor written copies of any claim for adjustment to the Contract Sum or Contract Time for such revised Work. No alteration, addition, omission, or change shall be made in the Work, except upon the written change order of Contractor. Any change or adjustment in the Contract Documents and this Agreement as directed Sum or schedule by Contractor in writing. Such virtue of such change or written direction order shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price be specifically stated in Section 3 and said change order. Prior to the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount issuance of the addition or deletionany change order, Subcontractor shall nonetheless timely furnish to Contractor a detailed breakdown showing the difference in the schedule and in the value of the work, labor, services, and materials, altered, added, omitted, or changed by the proposed change order. Unless and until Contractor approves the proposed change order in writing, Subcontractor shall be under no duty or obligation to perform or carry out such proposed change order and Contractor shall be under no duty, obligation, or liability to pay any increase in the Contract Sum or provide additional contract time as a result of such proposed change order. If an agreement as to the amount or other term of a change order cannot be reached, Contractor may issue a written directive to Subcontractor that Subcontractor is to perform the work as changed by Contractor's detailed within the written directiondirective. Once Subcontractor receives Contractor's written directionshall be compensated, Subcontractor is solely responsible upon the production of adequate evidence in a form acceptable to Contractor for timely performance the direct labor and material costs, plus 10% overhead and profit, incurred in the execution of the work as changed by detailed in the written directiondirective.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 § 5.1 The Owner or Contractor may make changes in the Work by issuing Modifications. Upon receipt of a Modification by Owner to the Prime Contract issued subsequent to the execution of this Agreement, the Contractor shall promptly notify the Subcontractor of such Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by the Modification to the Prime Contract.
§ 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions, or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, with the Subcontract Sum and the Subcontract Time adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a Claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent
§ 5.2.1 All time and material authorizations for changes in the work must be signed on a daily basis or no later than 10:00 AM the following day by a Contractor’s authorized representative for verification of work hours and materials expended. A signature shall only constitute verification and shall not be construed as an approval for payment.
§ 5.2.2 Adjustments made to the Prime Contract shall represent total compensation due in accordance with Sections
§ 5.3 The Subcontractor shall make any and all changes Claims promptly to the work described in the Contract Documents Contractor for additional cost, extensions of time and this Agreement as directed by Contractor in writing. Such change damages for delays, or written direction shall not invalidate this Agreement.
6.2 If necessary, and other causes in accordance with the other provisions of this SubcontractSubcontract Documents, the Contract Price stated but in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount no event more than fourteen (14) calendar days after knowledge of the addition event or deletion, Subcontractor shall nonetheless timely perform cause giving rise to the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor claim unless a shorter time is solely responsible for timely performance of the work as changed required by the written direction.
6.3 Payment for changed work Prime Contract. A Claim which will affect or become part of a Claim which the Contractor is required to make under the Prime Contract within a specified time period or in a specified manner shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in sufficient time to permit the work described in Section 2 or in any way cause or allow that work Contractor to deviate from satisfy the Contract Documents without written direction from Contractorrequirements of the Prime Contract. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not Such Claims must be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within less than five (5) calendar working days from discovering preceding the time by which the Contractor’s Claim must be made. Failure of the Subcontractor to make such changed condition. If a dispute arises between Contractor and timely Claim shall bind the Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform same consequences as those to which the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workContractor is bound.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Standard Form of Agreement Between Contractor and Subcontractor
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not ▇▇▇▇ for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after such work was performedis performed in sufficient detail for Contractor to make an evaluation of the merits of the claim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and written claim as specified herein constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall ▇▇▇▇▇▇ agrees to make any and all changes to changes, furnish the materials and perform the work described in the Contract Documents and this Agreement as directed by that Contractor in writing. Such change or written direction shall not invalidate may require, without nullifying this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontractat a reasonable addition to, or reduction from, the Contract Price stated in Section 3 herein, and pro rata to the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed worksame. Subcontractor shall supply Contractor with all documentation necessary adhere strictly to substantiate the amount to plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deduction from deductions, without the price or time. If written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor canthat have not agree on been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the amount of the addition or deletion, Contractor itself receives payment from Owner. Subcontractor shall nonetheless timely perform submit immediately to the work as changed by Contractor's Contractor written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible copies of his firm’s cost or credit proposal for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described . Any modification in Section 2 the compensation or time (if any) stated in any way cause a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or allow that owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to deviate perform the entire work under this Agreement arising directly or indirectly from the Contract Documents without written direction from Contractorwork and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this Agreement . If the Subcontractor makes any changes initiates a substitution, deviation, or change in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written which affects the scope of the work or otherwise, from the OWNER or any expense of other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentexpense thereof. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this provision or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviationchange .
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor a. COMPANY shall make any and all changes have the right to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 WORK, i.e. alterations, additions or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractorreductions. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes When a change to its Workis contemplated, or otherwise requires a change to the Contract Documents, Subcontractor COMPANY shall provide written notice of the change advise CONTRACTOR and CONTRACTOR shall within five (5) calendar days from discovering working days, unless otherwise agreed to by COMPANY, prepare a detailed, fixed price estimate for the contemplated change on the 'CHANGE IN THE WORK' form, Exhibit IX, including the effect such changed conditionchange may have on the Contract Master Schedule. Also, CONTRACTOR shall advise in writing if (and how) such change would affect CONTRACTOR's ability to fulfill all of its representations, guarantees and warranties. COMPANY shall review this estimate with CONTRACTOR with the intention of arriving at a mutually acceptable revision to fixed price amount. If a dispute arises between Contractor COMPANY elects to proceed with the change, it shall so indicate by signing the CHANGE IN THE WORK form. If COMPANY declines to proceed with the change, COMPANY's authorized representative shall sign "Not accepted by COMPANY" on said form and Subcontractor about whether particular work constitutes a there shall be no change to the Workfixed price amount.
b. The following do not constitute a change in the WORK and shall not affect the fixed price amount or entitle CONTRACTOR to any additional compensation:
i) alterations, Subcontractor revisions, or additions required for operability, maintenance, and/or safety;
ii) corrections or revisions made necessary due to CONTRACTOR's noncompliance with any statute, law, or government regulation or standard promulgated pursuant thereto, existing on or before the effective date of this AGREEMENT and/or with any written instructions and/or specifications issued to CONTRACTOR on or before the effective date of this AGREEMENT. Change orders required as a result of design or construction errors by the CONTRACTOR will be paid for by the CONTRACTOR.
c. COMPANY may notify CONTRACTOR in writing to suspend work on that portion of the WORK affected by the contemplated change pending its decision on such change.
d. No change in the WORK shall timely perform be undertaken by CONTRACTOR until it has received a COMPANY approved "CHANGE IN THE WORK" form which shall identify any modifications of CONTRACTOR's representations, guarantees and warranties and/or to the disputed work Contract Master Schedule to which COMPANY agrees. However in the event COMPANY and give written notice CONTRACTOR are unable to agree on the cost of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure the change, COMPANY may nevertheless direct CONTRACTOR in writing to perform the work or failure to give timely notice of proceed with the change and claim constitutes an agreement CONTRACTOR hereby agrees to proceed with the change while COMPANY and CONTRACTOR shall endeavor to resolve the issue by him negotiation. In no event shall 13 14 the cost of such change exceed the actual cost of the WORK necessary to accomplish the change, plus a percentage mark-▇▇ less than or equal to the percentage previously agreed upon by COMPANY and CONTRACTOR for the total cost and any change shall be that he will indicated on the signed CHANGE IN THE WORK form and such price shall not be paid for the disputed work.
6.6 No changesubject to escalation or increase then or later, alterationbased upon any theory, such as lost productivity, efficiency, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationimpact.
Appears in 1 contract
Sources: Engineering, Procurement and Construction Agreement (Shorewood Packaging Corp)
Changes in the Work. 6.1 Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and without notice to any surety who issued a Subcontractor bond, make changes in the Work within the general scope hereof. If such changes cause an increase or decrease in the cost of the Work or in the required time for its performance, an equitable adjustment shall make any and all changes be made subject to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions conditions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeParagraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor's written direction. Once No increase in compensation or extension of time for performance shall be allowed unless Subcontractor makes application therefor, in writing, to Contractor within seven (7) days from the date on which Subcontractor receives Contractor's a notification of change, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the Prime Contract Documents, whichever is earlier). Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays associated with the change. Contractor shall have the right to, but is not obligated to, audit any information submitted by Subcontractor in connection with such application. If Subcontractor does not submit an application in this time period, due to the substantial prejudice sustained by Contractor as a consequence of Subcontractor’s failure to submit a timely written directionapplication, Subcontractor is solely shall be deemed to waive and release any claim for additional compensation or additional time for such change. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in the change order with no adjustment to Subcontractor’s compensation or time required for timely the performance of the work Work. To the maximum extent allowed by law, Contractor’s obligation to Subcontractor for any delay, disruption, loss of productivity, interference, acceleration or other damages resulting from or arising out of any cause beyond Contractor’s reasonable control, including but not limited to acts or omissions by Owner, Architect, third party utilities, governmental and regulatory authorities or force majeure, is limited to paying to Subcontractor its proportionate share of any amounts which Owner pays to Contractor as changed a result of such claim, subject to any offset for Contractor’s costs and expenses incurred in presenting such claim to Owner and Subcontractor waives and releases any claims beyond such share received by the written direction.
6.3 Payment for changed work Contractor. Any disputed Work must be tracked and submitted to Contractor on a daily basis. Failure to provide time and material tickets on a daily basis shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes deemed an agreement by Subcontractor that he will Work performed that day is not be paid for that changed work, even if he received verbal direction, written or otherwise, recoverable from the OWNER or any other person or entity. In addition, Contractor and Subcontractor shall be liable for waives any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed rights to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentadditional compensation therefrom. Each AWA will require these two signatures Any signature by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed Contractor employee on a time and material basis or equivalent. An AWA daily ticket shall mean Contractor is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice acknowledging receipt of the change within five (5) calendar days from discovering time and material ticket only, and such changed condition. If a dispute arises between signature is not an admission that Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of is accepting any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the time or cost as extra work or failure to give timely notice of that the change and claim constitutes an agreement by him that he will not be paid for the disputed workcost associated with such time or material is due Subcontractor.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Master Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 10.1. Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Construction Manager shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Construction Manager for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally.
10.2. A Change Order, in the form attached as Exhibit G to this Agreement, shall be prepared by the Construction Manager, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Manager and Owner concerning the requested changes. Construction Manager shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Manager shall mutually agree.
10.3. If Owner and Construction Manager are unable to agree on a Change Order for the requested change, Construction Manager shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree Construction Manager disagrees with Owner' s adjustment determination, Construction Manager must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter.
10.4. In the event a requested change is approved by Owner which results in an increase to the Contract Amount, a Change Order shall be issued which increases the GMP by the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance Construction Manager' s actual and reasonable direct Cost of the work Work. In the event such change Work is performed by a subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted. Construction Manager shall not be entitled to any mark-up for Change Order work, nor shall the Construction Management Fee be increased as changed a result of any Change Order work. Provided, however, if at the time final payment is made to Construction Manager the total Cost of the Work has been increased by approved Change Orders in an amount causing the written directionGMP originally set by Construction Manager and Owner to be exceeded by $10,000, Construction Manager shall be entitled to an increase to the Construction Management Fee in the amount of eight percent (8%) of the amount exceeding the sum of $10,000.00 and the GMP.
6.3 Payment for changed work 10.5. Owner shall be made in accordance have the right to conduct an audit of Construction Manager' s books and records to verify the accuracy of Construction Manager' s claim with Section 4respect to Construction Manager' s costs associated with any Change Order.
6.4 Subcontractor 10.6. Design Professional shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes Work not involving an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change adjustment to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change Amount or an extension to the Work, Subcontractor shall timely perform Contract Time and not inconsistent with the disputed work and give written notice intent of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, . Such changes may be effected by written order issued by Design Professional. Such changes shall release or exonerate, in whole or in part, any bond or any surety be binding on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationConstruction Manager.
Appears in 1 contract
Sources: Construction Management Contract
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work Work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not ▇▇▇▇ for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work Work described in Section 2 or in any way cause or allow that work Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid or given a time extension for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work work. Any and give all claims for compensation or time extension require written notice to Contractor of any the nature and extent of the claim for additional compensation for that work within five (5) days after such work was performedof the event giving rise to claim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and written claim as specified herein constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 or given a time extension. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 10.1. Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly, but in no event more than 10 days after being notified of a change, Design Builder shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Design Builder for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner’s express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Design Builder for such items and (ii) an admission by Design Builder that such items are in fact not a change but rather are part of the Work required of Design Builder hereunder.
10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Design Builder and Owner concerning the requested changes. Design Builder shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Design Builder shall mutually agree.
10.3. If Owner and Design Builder are unable to agree on a Change Order for the requested change, Design Builder shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree Design Builder disagrees with the Owner's adjustment determination, Design Builder must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had.
10.4. In the event a requested change is approved by Owner which results in an increase to the Guaranteed Maximum Price, a Change Order shall be issued which increases the Guaranteed Maximum Price by the amount of Design Builder’s actual and reasonable direct increased Cost for such change work plus a maximum ten percent (10%) markup for Design Builder’s overhead and profit. In the addition event such change work is performed by a subconsultant or deletionsubcontractor, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written directiona maximum ten percent (10%) total markup for all overhead and profit for all subconsultants’, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work subcontractors’, sub-subconsultants’ and sub- subcontractors’ direct labor and material costs and actual equipment costs shall be made in accordance with Section 4.
6.4 Subcontractor permitted. Design Builder shall not make be entitled to any changes mark-up for Change Order work performed by subcontractors or subconsultants. All compensation due any Sub-consultant or Subcontractor for field and home office overhead is included in the work described in Section 2 or in markups noted above. Subcontractor’s bond costs associated with any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes change order shall be included in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will overhead and profit markups and shall not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractoras a separate line item.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Design Build Services Agreement
Changes in the Work. 6.1 Subcontractor 1. Without invalidating the Contract, AUGUSTA may at any time or from time to time order additions, deletions, or revisions in the Work. The AUGUSTA shall make provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance within this Agreement. If the proposal request calls only for the deletion of Work, the AUGUSTA may order the partial suspension of any and all changes Work related to the work described proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents.
2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Documents and this Agreement Price or an extension of the Contract Time, except in the case of an emergency as directed by Contractor in writing. Such change or written direction shall not invalidate provided as provided for within this Agreement. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. DRAFT
3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided for within this Agreement, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROJECT MANAGER will prepare a written Change Order to be signed by PROJECT MANAGER and CONTRACTOR and submitted to AUGUSTA for approval.
6.2 If necessary4. In the absence of an agreement as provided for within this Agreement, AUGUSTA may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance within the terms of this Agreement. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by AUGUSTA. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with within the other provisions terms of this SubcontractAgreement, the Contract Price stated in Section 3 and the time for Subcontractor's performance but CONTRACTOR shall nevertheless be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary obligated to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely fully perform the work as changed directed by Contractor's written directionthe Work Change Directive.
5. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely CONTRACTOR shall proceed diligently with performance of the work Work as changed directed by the written directionAUGUSTA, regardless of pending claim actions, unless otherwise agreed to in writing.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make 6. If notice of any changes in change affecting the work described in Section 2 general scope of the Work or in any way cause or allow that work to deviate from the provisions of the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in (including, but not limited to, Contract Price or Contract Time) is required by the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability provisions of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required Bond to be given to such surety a surety, the giving of any such changenotice will be CONTRACTOR's responsibility, alteration, modification, or deviationand the amount of each applicable Bond will be adjusted accordingly.
Appears in 1 contract
Sources: Task Order Program Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price contract price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and may give written notice of any a claim for additional compensation for that work work. Such written notice of claim must be given within five ten (510) days after such work was is performed. Subcontractor's failure to perform give written notice within the work or failure to give timely notice of the change and claim ten (10) days constitutes an agreement by him that he will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontractor Agreement
Changes in the Work. 6.1 § 7.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract, as defined in a Work Order. Upon receipt of a Modification to the Prime Contract, as defined in a Work Order, issued after the execution of a Work Order, the Contractor shall promptly notify the Subcontractor of such Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by the Modification to the Prime Contract, as defined in a Work Order.
§ 7.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating the Subcontract, to make changes in the Work within the general scope of the Subcontract consisting of additions, deletions, or other revisions, including those required by Modifications to the Prime Contract, as defined in a Work Order, issued after the execution of a Work Order, with the Subcontract Sum and the Subcontract Time adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a Claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents.
§ 7.3 The Subcontractor shall make any and all changes Claims promptly to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessaryfor additional cost, extensions of time, and damages for delays, or other causes in accordance with the other provisions Subcontract Documents. A Claim which will affect or become part of this Subcontracta Claim which the Contractor is required to make under the Prime Contract, the Contract Price stated as defined in Section 3 and the a Work Order, within a specified time for Subcontractor's performance shall be adjusted by appropriate additions period or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work in a specified manner shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract, as defined in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractora Work Order. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor Such Claims shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in received by the work Contractor not less than two working days preceding the time by which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the SuperintendentClaim must be made. Each AWA will require these two signatures by the Contractor, in addition to that Failure of the Subcontractor. An AWA Subcontractor to make such a timely Claim shall bind the Subcontractor to the same consequences as those to which the Contractor is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirementsbound.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, § 7.4 Subcontractor shall provide perform no work for which it claims extra time or compensation without first receiving written notice directives from Contractor to proceed. Failure to obtain such written directives shall constitute an absolute waiver of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workclaim.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Master Subcontract Agreement
Changes in the Work. 6.1 Contractor shall have the right at any time during the progress of the work to increase or decrease the Scope of the Work in the Subcontract. Promptly after being notified of a change by Contractor, Subcontractor shall make submit an itemized estimate of any and all cost increases or savings it foresees as a result of the change. It is expressly agreed that, except in an emergency endangering life or property, no additions or changes to the work described in the Contract Documents shall be made except upon written order of Contractor, and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessarybe liable to Subcontractor for any extra labor, materials or equipment furnished without such written order. No officer, employee or agent of Contractor is authorized to direct any extra or changed work by verbal order. Nothing herein contained shall excuse Subcontractor from proceeding promptly with the prosecution of the work as ordered in writing by Contractor, and in accordance with the other provisions failure to do so shall constitute a breach of this Subcontract, the Contract Price stated . Subcontractor shall promptly perform changes ordered in Section 3 and the time for Subcontractor's performance writing by Contractor. The Work Release Order Amount shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs in the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If manner as Contractor and Subcontractor cannot shall mutually agree. A Change Order in the form attached as Exhibit I to the Subcontract Agreement shall be issued and executed promptly after an agreement is reached between Subcontractor and Contractor. In the event that Contractor and Subcontractor are unable to agree on the proper adjustment to the Subcontract Amount for a change, Subcontractor shall, nevertheless, promptly perform said change, and the Subcontract Amount shall be adjusted as follows: For changes initiated by Owner, Architect or their representative, the Subcontract Amount shall be adjusted only in the amount approved by Owner for the change less the amount of Contractor's markup on said work. Any statement herein to the contrary notwithstanding, in no event shall Contractor be liable to Subcontractor for an amount greater than the amount received by Contractor from Owner for such changes, less the amount of Contractor's markup on said work. For changes initiated by Contractor, not pursuant to a change by Owner or Architect, the Subcontract Amount shall be adjusted only in the amount of the addition increase or deletiondecrease of Subcontractor's direct labor, Subcontractor shall nonetheless timely perform the work equipment, material and subcontract costs (without overhead or profit markups) as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance a result of the work as changed by the written direction.
6.3 Payment change (including allowance for changed work shall be made in accordance with Section 4.
6.4 labor burden costs) plus an agreed upon markup for overhead and profit. If Subcontractor shall not make any changes initiates a substitution, deviation or change in the work described in Section 2 which affects the Scope of Work or in any way cause causes expense to Contractor or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written other contractors or otherwise, from the OWNER or any other person or entity. In additionsubcontractors, Subcontractor shall be liable for any the expenses thereof, including overhead and all losses, costs, expenses, damages, profit markups. Contractor shall have the right to conduct an audit of Subcontractor's books and liability records to verify the accuracy of any nature whatsoever Subcontractor's claim with respect to Subcontractor's costs associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the Scope of Work. In the event that Subcontractor performs any work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only cost reimbursable basis, Contractor shall likewise have the right to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice conduct an audit of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure books and records to perform verify the work or failure to give timely notice accuracy of the change and claim constitutes an agreement by him that he will not be paid Subcontractor's claimed costs. Dated: 01/19/17 Initialed for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety Genoa Page 3 of any such change, alteration, modification, or deviation.8 Initialed for Subcontractor
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all 18.1 The Prime Contractor may order changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change Work consisting of additions, deletions or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontractmodifications, the Contract Price stated in Section 3 Sum and the time for Subcontractor's performance shall be Contract Time being adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workaccordingly. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any All such changes in the work described Work shall be authorized in Section 2 writing signed by the Prime Contractor and presented to the Subcontractor.
18.2 When change order pricing requests are made of the Subcontractor, the Subcontractor has, at most, seven calendar days (or in any way cause or allow that work to deviate three days less than the time period required by the contract documents, whichever is less) from the Contract Documents without time of receipt of the pricing request to deliver a written response to the Prime Contractor. Response shall be a written quote on the form provided by the Prime Contractor, including a complete breakdown of labor (number of hours, rate, etc.), material (list and price, and supplier quote sheets, if required), and mark-up. Failure to respond with a detailed breakdown within the time limits set forth above will be interpreted as a no cost change quote. If directed to proceed by the Prime Contractor, the change order work will be done by the subcontractor with no additional compensation. On credit change order pricing, if the Subcontractor fails to respond within the required time stipulated in paragraph 18.2 , the Prime Contractor will negotiate pricing with the owner/architect, and the amount will be deducted from the Subcontractor's contract. If the Subcontractor does any work he believes is outside of the subcontract agreement scope, he must receive written direction from the Prime Contractor before proceeding, or he gives up any claim to additional compensation or time extensions.
18.3 The Contract Sum and the Contract Time may be changed only by written change order from the Prime Contractor. If , if the Subcontractor makes any proceeds with work outside the scope of the Work described in this Subcontract Agreement without a written change order from the Prime Contractor, Subcontractor does so at its sole and exclusive risk By proceeding with the work the subcontractor is acknowledging they have agreed they are doing the work at no cost or compensation if no written agreement or change order has been received by the subcontractor for compensation
18.4 In emergency situations, the project superintendent appointed by the Prime Contractor may authorize changes in the Work, before the work described begins, by written change orders not signed by the Prime Contractor project manager
18.5 On any "Time and Material" work authorized in Section 2 without written direction from writing by the Prime Contractor, such change constitutes an agreement by Subcontractor that he will not all potential changes must be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any presented to and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures signed off by the Prime Contractor, in addition to that 's jobsite superintendent on a daily basis. A copy of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to signed document must be given to such surety the superintendent at the time of signing. Failure to strictly follow this procedure will forfeit any such changepayment to the Subcontractor.
18.6 Often our superintendents are requested to sign Subcontractor's work ticket or similar work orders. It is expressly understood by the subcontractor that this Signature by the Prime Contractor's superintendent or representative on a Subcontractor's work ticket or similar work order is not an acknowledgment or agreement that the work is considered an extra or change order to the contract. The signature only generally verifies that the work was done.
18.7 Unless otherwise specified, alterationthe overhead and profit mark-up on any extra work will be no more than 10%. Any office costs and/or project management time is included in the mark-up. When the mark-up on changes is a percentage to be shared between the Prime and the Subcontractor, modification, or deviationthe Prime's portion shall be 2/3 and the Subcontractor's shall be 1/3 of the total percentage mark-up.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 4.1 The Contractor may add to or deduct from the Subcontractor’s Work, and any changes so made in the amount of Work involved, or any other parts of this Agreement, shall be by a written amendment setting forth a detailed description and value of the changes involved, which shall be mutually agreed upon between the Contractor and Subcontractor. In the absence of such agreement, the Subcontractor shall proceed with the changed work when so ordered in writing by the Contractor so as not to delay the progress of the changed work or the Subcontractor’s Work, and pending any determination of the value of the changed work, unless Contractor first requests a proposal of cost before the changes are effected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request.
4.2 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind absent a change order issued in writing by the Contractor. The Subcontractor shall be responsible for any costs incurred by the Contractor for changes of any kind made by the Subcontractor that increase the cost of the work for either the Contractor or other subcontractors when the Subcontractor proceeds with such changes without a written order therefore. Accordingly, no course of conduct between the parties shall serve as the basis for additional compensation. Similarly, Subcontractor shall not make any claim for unjust enrichment for any claimed additional work.
4.3 The Subcontractor shall make any and all changes no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor unless notice is given to the Contractor prior to the furnishing of any of the services or material. Contractor must approve all change orders in writing before the changed or extra work described is performed. No additional payment or time will be granted for any changes performed by the Subcontractor that have not been ordered by Contractor or agreed to by the parties. Subcontractor shall not deviate from the plans and specifications or substitute materials (including “or equal” materials) without the issuance of a written change order by Contractor. Pricing on Time and Material Change Orders will be as follows: Labor Actual wages paid plus taxes, insurance, contribution assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions. These costs are to be substantiated in detail. Material Actual costs incurred. Supplier invoices must be provided. Subcontract Actual costs incurred. Subcontractor invoices must be provided. Fee A 10% fee may be added to labor, material and subcontract costs to cover overhead & profit. Final pricing on Time & Material Change Orders must be received within 10 days of completion of the extra work. Failure to submit final pricing within this time frame shall waive Subcontractor’s right to such claims.
4.4 Subcontractor shall give Contractor written notice of all claims affecting or relating to the Subcontract Price for which the Owner is or may be liable under the Contract Documents no later than 48 hours after Subcontractor’s first observance of the facts giving rise to the claim, or, if sooner, within the time limits provided in the Contract Documents for like claims by Contractor upon the Owner and in sufficient time for Contractor to initiate such claims against the Owner in accordance with the Contract Documents. The claim shall proceed in the manner provided in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance Subcontractor shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs responsible for substantiating a claim submitted to the changed workOwner on Subcontractor’s behalf. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely be responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damagesand attorney fees incurred by it and by Contractor relating to the claim.
4.5 Any notice of a claim by the Subcontractor shall detail the amounts claimed and provide all information necessary to permit timely and appropriate evaluation of the claim, the determination of responsibility, and liability any remaining opportunity for mitigation. If the Subcontractor is unable to calculate any amount claimed in detail or provide other required information, the Subcontractor shall use all commercially reasonable efforts to provide an estimate of any nature whatsoever associated with such amount or in any way arising out of any such change he makes without written direction from Contractorinformation.
6.4.1 Unless agreed 4.6 If Subcontractor is delayed, obstructed, hindered, or interfered with in a critical element of the Subcontract Work by any cause beyond Subcontractor’s reasonable control and not due to otherwisethe fault of Subcontractor, any changes its officers, agents, employees, lower tier subcontractors, or suppliers, then (A) Subcontractor shall be entitled to an extension of time for a period equivalent to the time lost by reason of such causes, but only if (1) Subcontractor gives Contractor notice in writing of such delay, obstruction, hindrance, or interference within 48 hours of Subcontractor’s first observance of the facts giving rise thereto, (2) Subcontractor demonstrates that it could not have anticipated or avoided such delay, obstruction, hindrance, or interference and has used all available means to minimize the consequences thereof, and (3) the Owner grants Contractor an extension of time for the performance of the Subcontract Work; and (B) Subcontractor shall be entitled to an adjustment in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require Subcontract Price to the signatures extent provided in this Section 4. Subcontractor shall only receive an extension of both time for the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that performance of the Subcontractor. An AWA is intended Subcontract Work to cover work performed on a the extent that the Owner grants Contractor an extension of time and material basis or equivalent. An AWA is only to be used under circumstances where for the performance of the Subcontract Work.
4.7 Subcontractor and Contractor agree that a conventional proposal, estimate and change order would shall not be appropriate. See Prime Contract General Conditions (Document 000700)entitled to nor claim any cost reimbursement, Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Workcompensation, or otherwise requires a change damages (A) attributable to the Contract Documentsdelay, Subcontractor shall provide written notice of the change within five obstruction, hindrance, or interference to Subcontract Work as set forth in Section 4.5, or (5B) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice on account of any claim for additional compensation which the Owner is or may be liable under the Contract Documents as set forth in Section 4.4, except to the extent that Contractor is entitled to a corresponding cost reimbursement, compensation, or damages from Owner under the Contract Documents on account thereof, and then only to the extent of the amount, if any, that Contractor on behalf of Subcontractor actually receives from Owner on account thereof, less any costs, expenses and attorney fees incurred by Contractor. Nothing in this Subcontract precludes Subcontractor’s recovery of damages for that work within five (5) days after such work was performed. delay or to constitute a waiver of Subcontractor's failure ’s right to perform the work or failure to recover damages for delay.
4.8 Subcontractor shall give timely Contractor written notice of all claims affecting or relating to the change and claim constitutes an agreement by him that he will Subcontract Work not addressed above within 48 hours of Subcontractor’s first observance of the facts giving rise to the claim. All such claims shall be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in Section 10 (“Claims & Damages”).
4.9 Subcontractor’s failure to assert a claim in the manner and within the time provided for in this provision Section constitutes a complete waiver of the claim.
4.10 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation is determined by the Owner or notArchitect/Engineer not to entitle the Contractor to a Change Order or extra compensation, then the Contractor shall not be liable to the Subcontractor for any extra compensation for such Work, unless Contractor agreed in writing to such extra compensation.
4.11 A Work Directive is a written order issued by the Contractor to the Subcontractor relating to Subcontractor’s Work but not involving adjustment of the Subcontract sum or schedule and not inconsistent with the intent of the Contract Documents. The Subcontractor shall promptly carry out each Work Directive regardless of whether the Subcontractor agrees that the order does not involve adjustment of the Subcontract sum or schedule. If the Subcontractor reasonably believes that it should be entitled to an adjustment of the Subcontract sum or schedule, or both, on account of a Work Directive, the Subcontractor, within three days after receiving the order, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection give the Contractor written notice of the Subcontractor’s position and shall proceed with this Agreement, and no notice is required the subject Work without first receiving a Change Order related to be given to such surety of any such change, alteration, modification, or deviationit.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change 11.01 Contractor, without invalidating or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of abandoning this Subcontract, may at any time require changes in the Contract Price stated in Section 3 and work consisting of additions, deletions or other revisions. For Owner or Contractor requested changes, the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary not be entitled to substantiate nor shall it receive any increase or upward adjustment in its Contract Sum unless said amount and liability are acknowledged, in writing, by Contractor’s authorized representative, which representative must have written authority for such acts, otherwise the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written directionproceed at its own risk and expense. Once Subcontractor receives Contractor's written directionNo alteration, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work addition, omission or changes shall be made in accordance the work, or the method or manner of performance of same, except upon the written, signed Change Order sent by the Subcontractor to the Contractor. Any change or adjustment in the Contract Sum by virtue of such Change Order shall be specifically stated in said Change Order. Change Orders are subject to the terms of these Articles and all other Contract Documents. Prior to the execution of any Change Order, the Contractor may require the Subcontractor to furnish to the Contractor a detailed breakdown showing the difference in value of the work, labor, services and materials altered, added, omitted or changed by the proposed Change Order. If an agreement as to monetary allowance or other terms in the Change Order cannot be reached, the Contractor, by an authorized representative, may direct, in writing, the Subcontractor to perform the work, with Section 4.
6.4 Subcontractor the final adjustment reserved until final completion of both this Subcontract and the Prime Contract. The monetary amount for the performance of any Change Order shall not make any changes exceed the allowance set forth in the work described Subcontractor’s prior price breakdown. The failure of the Subcontractor to immediately commence performance of any Change Order, when so directed in Section 2 or in any way cause or allow that work to deviate from executed written form by the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by whether or not all terms have been agreed upon, may be deemed a material breach and the Subcontractor that he will not may be paid held in default of this Subcontract. However, for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In additionOwner driven changes, Subcontractor shall be liable entitled to interim payments for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes order work to the extent Contractor can obtain interim payments for such change order work from Owner. If such interim payments are made, they shall be credited to the final amount agreed upon by the parties or by a court of law. Any extension of time needed as a result of a proposed Change Order shall be requested by the Subcontractor in the Change Order. There shall be no other monetary or time allowance, direct or indirect, to the Subcontractor other than what is specifically written in the Change Order, including but not limited to, delays, suspensions, escalations, impact or other cost factors. Ordinary field modifications which do not substantially increase Subcontractor’s cost of this Subcontract will be performed without written direction from Contractorany price adjustment.
6.4.1 Unless agreed 11.02 If the Owner or Contractor elects to otherwise, any changes in direct the Change Order work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures to be performed by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed Subcontractor on a time and material basis or equivalentbasis, Subcontractor shall prepare daily time and material sheets which shall be submitted to the Contractor’s site representative for said representative’s signature. An AWA Subcontractor will not be entitled to payment for any time and material expended for which there is only no daily time and material sheets bearing Contractor’s site representative’s signature. Subcontractor agrees and acknowledges that the daily time and material sheets do not constitute the Change Order; rather, they are to be used solely as a record to verify the amount of labor and material expended by Subcontractor on that particular day. Subcontractor
11.03 The issuance of any Change Order and payment thereof, prior to completion and acceptance of the Project, shall not preclude the Contractor from questioning whether the work performed pursuant to the Change Order and recouping payment therefore, where, on the final settlement, it appears that the Change Order work was neither extra nor additional work under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition proper interpretation of this Subcontract or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents. No Change Order shall vary, abrogate, avoid or otherwise affect the terms, conditions and provisions of this Subcontract except as specifically set forth in the Change Order.
11.04 Notwithstanding anything in this Subcontract to the contrary, for Owner requested or driven changes, the Subcontractor shall provide written notice of in no event be entitled to, nor shall it receive any compensation or allowance for any Change Order in an amount greater than that which is approved by the change within five (5) calendar days Owner and which the Contractor actually receives from discovering such changed condition. If the Owner, less a dispute arises between Contractor and Subcontractor about whether particular reasonable deduction for work constitutes a change to performed by the WorkContractor, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid as well as for the disputed workContractor’s overhead and profit.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five seven (57) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 4.1 The Contractor may add to or deduct from the Subcontractor’s Work, and any changes so made in the amount of Work involved, or any other parts of this Agreement, shall be by a written amendment setting forth a detailed description and value of the changes involved, which shall be mutually agreed upon between the Contractor and Subcontractor. In the absence of such agreement, the Subcontractor shall proceed with the changed work when so ordered in writing by the Contractor so as not to delay the progress of the changed work or the Subcontractor’s Work, and pending any determination of the value of the changed work, unless Contractor first requests a proposal of cost before the changes are effected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request.
4.2 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind absent a change order issued in writing by the Contractor. The Subcontractor shall be responsible for any costs incurred by the Contractor for changes of any kind made by the Subcontractor that increase the cost of the work for either the Contractor or other subcontractors when the Subcontractor proceeds with such changes without a written order therefore. Accordingly, no course of conduct between the parties shall serve as the basis for additional compensation. Similarly, Subcontractor shall not make any claim for unjust enrichment for any claimed additional work.
4.3 The Subcontractor shall make any and all changes no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor unless notice is given to the Contractor prior to the furnishing of any of the services or material. Contractor must approve all change orders in writing, or issue a change directive, before the changed or extra work described is performed. No additional payment or time will be granted for any changes performed by the Subcontractor that have not been ordered by Contractor or agreed to by the parties. Subcontractor shall not deviate from the plans and specifications or substitute materials (including “or equal” materials) without the issuance of a written change order by Contractor. Pricing on Time and Material Change Orders will be as follows: Material Actual costs incurred. Supplier invoices must be provided. Final pricing on Time & Material Change Orders must be received within 10 days of completion of the extra work. Failure to submit final pricing within this time frame shall waive Subcontractor’s right to such claims.
4.4 Subcontractor shall give Contractor written notice of all claims affecting or relating to the Subcontract Price for which the Owner is or may be liable under the Contract Documents no later than 48 hours after Subcontractor’s first observance of the facts giving rise to the claim, or, if sooner, within the time limits provided in the Contract Documents for like claims by Contractor upon the Owner and in sufficient time for Contractor to initiate such claims against the Owner in accordance with the Contract Documents. The claim shall proceed in the manner provided in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance Subcontractor shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs responsible for substantiating a claim submitted to the changed workOwner on Subcontractor’s behalf. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely be responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damagesand attorney fees incurred by it and by Contractor relating to the claim.
4.5 Any notice of a claim by the Subcontractor shall detail the amounts claimed and provide all information necessary to permit timely and appropriate evaluation of the claim, the determination of responsibility, and liability any remaining opportunity for mitigation. If the Subcontractor is unable to calculate any amount claimed in detail or provide other required information, the Subcontractor shall use all commercially reasonable efforts to provide an estimate of any nature whatsoever associated with such amount or in any way arising out of any such change he makes without written direction from Contractorinformation.
6.4.1 Unless agreed 4.6 If Subcontractor is delayed, obstructed, hindered, or interfered with in a critical element of the Subcontract Work by any cause beyond Subcontractor’s reasonable control and not due to otherwisethe fault of Subcontractor, any changes its officers, agents, employees, lower tier subcontractors, or suppliers, then (A) Subcontractor shall be entitled to an extension of time for a period equivalent to the time lost by reason of such causes, but only if (1) Subcontractor gives Contractor notice in writing of such delay, obstruction, hindrance, or interference within 48 hours of Subcontractor’s first observance of the facts giving rise thereto, (2) Subcontractor demonstrates that it could not have anticipated or avoided such delay, obstruction, hindrance, or interference and has used all available means to minimize the consequences thereof, and (3) the Owner grants Contractor an extension of time for the performance of the Subcontract Work; and (B) Subcontractor shall be entitled to an adjustment in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require Subcontract Price to the signatures extent provided in this Section 4. Subcontractor shall only receive an extension of both time for the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that performance of the Subcontractor. An AWA is intended Subcontract Work to cover work performed on a the extent that the Owner grants Contractor an extension of time and material basis or equivalent. An AWA is only to be used under circumstances where for the performance of the Subcontract Work.
4.7 Subcontractor and Contractor agree that a conventional proposal, estimate and change order would shall not be appropriate. See Prime Contract General Conditions (Document 000700)entitled to nor claim any cost reimbursement, Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Workcompensation, or otherwise requires a change damages (A) attributable to the Contract Documentsdelay, Subcontractor shall provide written notice of the change within five obstruction, hindrance, or interference to Subcontract Work as set forth in Section 4.5, or (5B) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice on account of any claim for additional compensation which the Owner is or may be liable under the Contract Documents as set forth in Section 4.4, except to the extent that Contractor is entitled to a corresponding cost reimbursement, compensation, or damages from Owner under the Contract Documents on account thereof, and then only to the extent of the amount, if any, that Contractor on behalf of Subcontractor actually receives from Owner on account thereof, less any costs, expenses and attorney fees incurred by Contractor. Nothing in this Subcontract precludes Subcontractor’s recovery of damages for that work within five (5) days after such work was performed. delay or to constitute a waiver of Subcontractor's failure ’s right to perform the work or failure to recover damages for delay.
4.8 Subcontractor shall give timely Contractor written notice of all claims affecting or relating to the change and claim constitutes an agreement by him that he will Subcontract Work not addressed above within 48 hours of Subcontractor’s first observance of the facts giving rise to the claim. All such claims shall be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in Section 10 (“Claims & Damages”).
4.9 Subcontractor’s failure to assert a claim in the manner and within the time provided for in this provision Section constitutes a complete waiver of the claim.
4.10 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation is determined by the Owner or notArchitect/Engineer not to entitle the Contractor to a Change Order or extra compensation, then the Contractor shall not be liable to the Subcontractor for any extra compensation for such Work, unless Contractor agreed in writing to such extra compensation.
4.11 A Work Directive is a written order issued by the Contractor to the Subcontractor relating to Subcontractor’s Work but not involving adjustment of the Subcontract sum or schedule and not inconsistent with the intent of the Contract Documents. The Subcontractor shall promptly carry out each Work Directive regardless of whether the Subcontractor agrees that the order does not involve adjustment of the Subcontract sum or schedule. If the Subcontractor reasonably believes that it should be entitled to an adjustment of the Subcontract sum or schedule, or both, on account of a Work Directive, the Subcontractor, within three days after receiving the order, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection give the Contractor written notice of the Subcontractor’s position and shall proceed with this Agreement, and no notice is required the subject Work without first receiving a Change Order related to be given to such surety of any such change, alteration, modification, or deviationit.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 5.1. Request for Proposal (RFP): The Contractor may notify the Subcontractor in writing of proposed changes consisting of additions, deletions, or other revisions to the scope of Work described in this Subcontract. Upon receipt of such proposed changes, and in consideration of incorporating such proposed changes into the Work, the Subcontractor shall make any and all changes promptly submit in writing to the work described Contractor a request for an adjustment, if any, in the Contract Documents and this Agreement Subcontract Sum and/or Subcontract Time in a form acceptable to the Contractor properly itemizing the related costs or in a format required by the Contractor when attached hereto as directed by an Exhibit. If no adjustment is required in order to incorporate the proposed changes into the Work, then the Subcontractor shall promptly notify the Contractor in writingwriting of same. Such change or written direction Subcontractor’s receipt of such proposed changes shall not invalidate be construed as authorization from the Contractor to interrupt, delay, modify or stop the Work and the Subcontractor shall not commence with such proposed changes in the Work unless ordered or authorized in writing by the Contractor according to other provisions of Article 5 herein. If the Subcontractor fails to timely and/or properly respond to an RFP, the Contractor may order the Subcontractor to proceed with the subject changes in the Work pursuant to other provisions of Article 5 or Article 10 of this Agreement.
6.2 If necessary, and in accordance with .1: Any delay to the other provisions of this SubcontractSubcontractor’s Work, the Contract Price stated in Section 3 and Project, or the time for Work of other Subcontractors due to the Subcontractor's performance shall be adjusted by appropriate additions ’s failure to timely submit properly prepared Claims or deductions mutually agreed upon before Subcontractor performs Change Order requests is the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount sole responsibility of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written directionSubcontractor.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work .2: In response to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization “Request for Information” (AWARFI), will require the signatures Architect’s or Engineer’s or Contractor’s response may include instructions which the Subcontractor interprets as a change in the Work for which the Subcontractor is entitled to additional cost and/or time. In such event, the Subcontractor shall within seven (7) business days from and including the date of both the RFI response notify the Contractor in writing that, in the Subcontractor’s opinion, the RFI response represents a change in the Work for which the Subcontractor is entitled to additional compensation and/or time and the Subcontractor shall state the basis for its Claim in such notification. After the seven (7) business days have expired, the Subcontractor thereby forfeits and waives its right to Claim for additional costs and/or time and Subcontractor shall comply with the instructions of the RFI at no additional cost to the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all 18.1 The Prime Contractor may order changes to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change Work consisting of additions, deletions or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontractmodifications, the Contract Price stated in Section 3 Sum and the time for Subcontractor's performance shall be Contract Time being adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workaccordingly. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any All such changes in the work described Work shall be authorized in Section 2 writing signed by the Prime Contractor and presented to the Subcontractor.
18.2 When change order pricing requests are made of the Subcontractor, the Subcontractor has, at most, seven calendar days (or in any way cause or allow that work to deviate three days less than the time period required by the contract documents, whichever is less) from the Contract Documents without time of receipt of the pricing request to deliver a written response to the Prime Contractor. Response shall be a written quote on the form provided by the Prime Contractor, including a complete breakdown of labor (number of hours, rate, etc.), material (list and price, and supplier quote sheets, if required), and ▇▇▇▇-up. Failure to respond with a detailed breakdown within the time limits set forth above will be interpreted as a no cost change quote. If directed to proceed by the Prime Contractor, the change order work will be done by the subcontractor with no additional compensation. On credit change order pricing, if the Subcontractor fails to respond within the required time, the Prime Contractor will negotiate pricing with the owner/architect, and the amount will be deducted from the Subcontractor's contract. If the Subcontractor does any work he believes is outside of the subcontract agreement scope, he must receive written direction from the Prime Contractor before proceeding, or he gives up any claim to additional compensation or time extensions.
18.3 The Contract Sum and the Contract Time may be changed only by written change order from the Prime Contractor. If , if the Subcontractor makes any proceeds with work outside the scope of the Work described in this Subcontract Agreement without a written change order from the Prime Contractor, Subcontractor does so at its sole and exclusive risk and expense.
18.4 In emergency situations, the project superintendent appointed by the Prime Contractor may authorize changes in the work described in Section 2 without Work by written direction from Contractor, such change constitutes an agreement orders not signed by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Prime Contractor.
6.4.1 Unless agreed to otherwise, 18.5 On any changes "Time and Material" work authorized in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures writing by the Prime Contractor, in addition all potential changes must be presented to that and signed off by the Prime Contractor's jobsite superintendent on a daily basis. A copy of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to signed document must be given to such surety the superintendent at the time of signing. Failure to strictly follow this procedure will forfeit any such changepayment to the Subcontractor.
18.6 Often our superintendents are requested to sign Subcontractor's work ticket or similar work orders. It is expressly understood by the subcontractor that this Signature by the Prime Contractor's superintendent or representative on a Subcontractor's work ticket or similar work order is not an acknowledgment or agreement that the work is considered an extra or change order to the contract. The signature only generally verifies that the work was done.
18.7 Unless otherwise specified, alterationthe overhead and profit ▇▇▇▇-up on any extra work will be no more than 10%. Any office costs and/or project management time is included in the ▇▇▇▇-up. When the ▇▇▇▇-up on changes is a percentage to be shared between the Prime and the Subcontractor, modification, or deviationthe Prime's portion shall be 2/3 and the Subcontractor's shall be 1/3 of the total percentage ▇▇▇▇-up.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 4.1 Subcontractor shall make any and all changes to in the work described in the Contract Subcontract Documents and this Agreement as directed by the Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 4.2 If necessary, and in accordance with the other provisions of this Subcontract, the Contract Subcontract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with a written cost or credit proposal for such revised work along with all documentation necessary to substantiate the amount of the addition to or deduction from the price or subcontracted amount and time, if any. If Contractor and Subcontractor cannot agree on the amount of the addition or deletiondeduction, Subcontractor shall nonetheless timely perform the changed work upon Contractor's written order and submit, within seven (7) days of receipt of such order, written notice to Contractor of a claim for compensation or for additional time and further adjustment shall be agreed upon in writing by the parties hereto, but Subcontractor shall not suspend or delay proceeding with the changed work pending such agreement.
4.3 No claim for additional compensation, whether for extra labor or materials furnished, changes or otherwise, shall be allowed by Contractor in favor of Subcontractor unless within seven (7) days after such claim arises Subcontractor has given Contractor documentation to substantiate its claim.
4.4 If Owner shall order any changes or extra work, including additions, reductions or deletions in the work to be performed under this Subcontract and Contractor complies with Owner's order by issuing a similar order in writing to Subcontractor, Subcontractor will perform the work as changed required in such order, and any adjustment in compensation or in the time of performance shall be as the parties agree. If the parties are unable to agree, Subcontractor shall nevertheless proceed with such work and shall give prompt written notice of its claim for adjustment in compensation or in the time of performance. The amount of compensation and the time of performance shall be adjusted only to the extent allowed by the Owner; provided, however, that in the event Contractor obtains additional compensation from Owner on account of any changes or extra work ordered by the Owner, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under all of the circumstances and Contractor's written directiondetermination as to Subcontractor's share of any award by Owner shall be binding and conclusive on Subcontractor. Once Subcontractor receives Contractor's written directionshall comply with and be bound by any notice provisions and claims procedure, including arbitration, contained in the Prime Contract or required by Owner. In the event that Contractor prosecutes a claim against the Owner for an adjustment in compensation and time of performance for any changes or extra work, Subcontractor shall cooperate fully with Contractor in the prosecution thereof and shall pay costs and expenses incurred in connection therewith, including actual attorneys' fees and expert fees, to the extent that said claim is solely responsible for timely performance made by Contractor at the request of the work as changed by the written directionSubcontractor.
6.3 Payment for changed 4.5 If any change or extra work is performed on a "Force Account" or other prescribed basis under the Prime Contract, Subcontractor shall be entitled to receive all payments made in accordance with Section 4reimbursement of its direct costs allowable under the Prime Contract and the allowable markup or margin thereon.
6.4 4.6 Subcontractor shall not make any changes in the work described in Section 2 the Subcontract Documents or in any way cause or allow that the work to deviate from the Contract Subcontract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 the Subcontract Documents without written direction from Contractor, then such change constitutes an agreement by Subcontractor that he will it need not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 4.7 No change, alteration, or modification to or deviation from this Agreement, any of the Contract Subcontract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision Section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this AgreementSubcontract, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to the work described in the Contract Documents and this Agreement Work as directed by Contractor in writing. Such change or written direction changes shall not invalidate this Agreement.
6.2 Subcontract. If necessary, and in accordance with the other provisions of this Subcontract, the Contract Subcontract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workWork. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price Subcontract Price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work Work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work Work as changed by the written direction.
6.3 . Payment for changed work Work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes Work is a change in the Work, or if Contractor and Subcontractor are unable to the agree on an appropriate adjustment for changed Work, Subcontractor shall timely perform the disputed work and Work, upon receiving written direction from Contractor. If Subcontractor intends to submit a claim for the disputed Work, it shall give prompt written notice of any to Contractor before proceeding with the Work. Subcontractor shall submit its written claim for additional compensation or extension of time to complete Subcontractor’s Scope of Work for that work Work within five three (53) business days after such work was Work is performed, in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor's failure to perform the work or failure either to give timely the written notice before proceeding with the disputed Work or to submit the written claim within three (3) business days after discovery of the change facts and circumstances giving rise to the claim constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 Work. No change, alteration, or modification to or deviation from this AgreementSubcontract, the Contract Documents, prime contractPrime Contract, plans, or specifications, and addenda, whether made in the manner provided in this provision Section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this AgreementSubcontract, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. The modification in the Subcontract Price and/or the time for performance stated in a Subcontract Change Order shall unequivocally comprise the total price and time adjustment due or owed by Contractor to Subcontractor for the Work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire Work under this Subcontract arising directly or indirectly from the Work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts on all other Work.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 10.1. Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Construction Manager shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Construction Manager for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally.
10.2. A Change Order, in the form attached as Exhibit G to this Agreement, shall be prepared by the Construction Manager, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Manager and Owner concerning the requested changes. Construction Manager shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Manager shall mutually agree.
10.3. If Owner and Construction Manager are unable to agree on a Change Order for the requested change, Construction Manager shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions of this SubcontractIn that event, the Contract Price stated in Section 3 Amount and the time for Subcontractor's performance Contract Time shall be adjusted as directed by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeOwner. If Contractor and Subcontractor cannot agree Construction Manager disagrees with Owner' s adjustment determination, Construction Manager must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter.
10.4. In the event a requested change is approved by Owner which results in an increase to the Contract Amount, a Change Order shall be issued which increases the GMP by the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance Construction Manager' s actual and reasonable direct Cost of the work Work. In the event such change Work is performed by a subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted. Construction Manager shall not be entitled to any mark-up for Change Order work, nor shall the Construction Management Fee be increased as changed a result of any Change Order work. Provided, however, if at the time final payment is made to Construction Manager the total Cost of the Work has been increased by approved Change Orders in an amount causing the written directionGMP originally set by Construction Manager and Owner to be exceeded by $25,000, Construction Manager shall be entitled to an increase to the Construction Management Fee in the amount of eight percent (8%) of the amount exceeding the sum of $25,000 and the GMP.
6.3 Payment for changed work 10.5. Owner shall be made in accordance have the right to conduct an audit of Construction Manager' s books and records to verify the accuracy of Construction Manager' s claim with Section 4respect to Construction Manager' s costs associated with any Change Order.
6.4 Subcontractor 10.6. Design Professional shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes Work not involving an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change adjustment to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change Amount or an extension to the Work, Subcontractor shall timely perform Contract Time and not inconsistent with the disputed work and give written notice intent of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, . Such changes may be effected by written order issued by Design Professional. Such changes shall release or exonerate, in whole or in part, any bond or any surety be binding on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationConstruction Manager.
Appears in 1 contract
Sources: Construction Management Contract
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and in accordance with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format.. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not ▇▇▇▇ for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he it will not be paid for that changed work, even if he it received verbal direction from Contractor or any form of direction, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he it makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workwork described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after such work was performedis performed in sufficient detail for Contractor to make an evaluation of the merits of the claim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely notice of submit the change and written claim as specified herein constitutes an agreement by him it that he it will not be paid for the disputed work.
6.6 . No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and without notice to any surety who issued a Subcontractor bond, make changes in the Work within the general scope hereof. If such changes cause an increase or decrease in the cost of the Work or in the required time for its performance, an equitable adjustment shall make any and all changes be made subject to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 If necessary, and in accordance with the other provisions conditions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or timeParagraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor's written direction. Once .
(a) No increase in compensation or extension of time for performance shall be allowed unless Subcontractor makes application therefor, in writing, to Contractor within seven (7) days from the date on which Subcontractor receives Contractor's a notification of change, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the Prime Contract Documents, whichever is earlier). Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays associated with the change. Contractor shall have the right to, but is not obligated to, audit any information submitted by Subcontractor in connection with such application. If Subcontractor does not submit an application in this time period, due to the substantial prejudice sustained by Contractor as a consequence of Subcontractor’s failure to submit a timely written directionapplication, Subcontractor is solely shall be deemed to waive and release any claim for additional compensation or additional time for such change. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in the change order with no adjustment to Subcontractor’s compensation or time required for timely the performance of the work as changed by the written directionWork.
6.3 Payment (b) To the maximum extent allowed by law, Contractor’s obligation to Subcontractor for changed work any delay, disruption, loss of productivity, interference, acceleration or other damages resulting from or arising out of any cause beyond Contractor’s reasonable control, including but not limited to acts or omissions by Owner, Architect, third party utilities, governmental and regulatory authorities or force majeure, is limited to paying to Subcontractor its proportionate share of any amounts which Owner pays to Contractor as a result of such claim, subject to any offset for Contractor’s costs and expenses incurred in presenting such claim to Owner and Subcontractor waives and releases any claims beyond such share received by Contractor. Any disputed Work must be tracked and submitted to Contractor on a daily basis. Failure to provide time and material tickets on a daily basis shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes deemed an agreement by Subcontractor that he will Work performed that day is not be paid for that changed work, even if he received verbal direction, written or otherwise, recoverable from the OWNER or any other person or entity. In addition, Contractor and Subcontractor shall be liable for waives any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed rights to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendentadditional compensation therefrom. Each AWA will require these two signatures Any signature by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed Contractor employee on a time and material basis or equivalent. An AWA daily ticket shall mean Contractor is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice acknowledging receipt of the change within five (5) calendar days from discovering time and material ticket only, and such changed condition. If a dispute arises between signature is not an admission that Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of is accepting any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the time or cost as extra work or failure to give timely notice of that the change and claim constitutes an agreement by him that he will not be paid for the disputed workcost associated with such time or material is due Subcontractor.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Master Subcontract Agreement
Changes in the Work. 6.1 Subcontractor shall make any and all changes to in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement.
6.2 . If necessary, and any such written directive results in accordance with a material change in the other provisions scope of this Subcontractthe work, the Contract Price contract price stated in Section 3 2 and the time for Subcontractor's ’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's ’s written direction. Once Subcontractor receives Contractor's ’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 . Payment for changed work shall be made in accordance with Section 4.
6.4 . No payment shall be made to Subcontractor greater than the contract amount unless an authorized change order has been issued by Contractor and executed by both Contractor and Subcontractor. Subcontractor shall not make any changes in the work described in Section 2 herein or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any unauthorized changes in the work described in Section 2 herein without written direction from Contractor, such change constitutes an agreement by Subcontractor understands and agrees that he it will not be paid for that changed work, even if he it received verbal direction, verbal, written or otherwise, from the OWNER Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, damages and liability of any nature whatsoever associated with or in any way arising out of any such unauthorized change he makes without written direction from including but not limited to any additional costs or expenses incurred by Contractor for increased work or expenses of other trades affected by the unauthorized work of Subcontractor. Nothing contained in this Agreement shall be construed to modify Contractor.
6.4.1 Unless agreed 's right to otherwise, eliminate any changes in portion of the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require Contractor deems unnecessary for the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that completion of the Subcontractor. An AWA is intended work as a whole or to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and make such changes as Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed conditionmay deem necessary. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes is a change to in the Workoriginal scope of work described in Section 2, Subcontractor shall timely perform the disputed work and work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of any to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within five ten (510) days after receiving notice of such work was performedwork, with sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor's ’s failure either to perform give the written notice before proceeding with the work or failure to give timely submit the written claim within the ten (10) days after receiving notice of the change and claim such work constitutes an agreement acknowledgement by him Subcontractor that he it will not be paid for the disputed work., and a waiver of Subcontractor’s right to payment for said work. Subcontractor’s sole and exclusive responsibility for the performance of this Subcontract is to the Contractor, and it is agreed that all of Subcontractor’s dealings with the Owner’s authorized agent, the Owner, or any other parties named in the Contract Documents shall be through the Contractor. No claims of any nature will be recognized, nor shall Contractor be liable on account thereof, unless all matters pertaining to such claim have been directed through Contractor’s office. The Subcontractor further agrees that neither it, nor its representatives on the Project, shall make any agreement, written or oral, with the Owner’s authorized agent or with the Owner, or with representatives of either, pertaining to any phase of the performance of this Agreement. In the event Contractor prosecutes a claim against Owner for additional compensation for extra work, delay or any other kind of claim relating to Subcontractor’s scope of work, Subcontractor shall cooperate fully with Contractor in the prosecution thereof, and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ fees and expert fees, to the extent that said claim is made by Contractor at the request of Subcontractor. In the event Subcontractor resists or declines to accept any claim, offset, or demand for credit asserted by Owner against Contractor which relates to Subcontractor’s scope of work, Subcontractor shall cooperate fully with Contractor in the defense thereof, and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ fees and expert fees, to the extent that said defense is made by Contractor at the request of Subcontractor. Contractor shall have the right to offset or deduct from any amount owing to Subcontractor, the cost Contractor has incurred, or reasonably anticipates it shall incur, in prosecuting a claim against Owner on behalf of Subcontractor, or in defending a claim asserted by Owner against Contractor which relates to Subcontractor’s work. This paragraph shall impose no obligation on Contractor to prosecute a claim against Owner on behalf of Subcontractor or defend against a claim asserted by Owner against Contractor relating to Subcontractor’s scope of work. Contractor and Subcontractor acknowledge that the cost and expense to prosecute or defend against the type of claims and liability referred to above can be significant. Moreover, the uncertainty of outcome or result can make proceeding to trial or arbitration of claims and/or liabilities referred to above an unreasonable risk for Contractor. Therefore, Subcontractor expressly acknowledges and agrees that Contractor shall have the right, at its sole discretion, to settle with Owner any claim, demand or liability arising out of, or in any way connected with this Subcontract and Subcontractor shall be bound by the terms and conditions of any such settlement to the same degree as Contractor. Subcontractor shall indemnify Contractor for the full amount of any settlement with Owner including attorneys’ fees, expert fees and expenses incurred in connection with the defense or settlement of any such claims. To assist in the documentation of any claim the Subcontractor may have, Contractor authorizes its Project Superintendent to sign extra work orders or similar documentation submitted by Subcontractor to Contractor relating to said claims provided, however, that notwithstanding any language contained in the Subcontractor’s extra work orders or similar documentation to the contrary, such signature by Contractor’s Project Superintendent shall only represent the following:
6.6 (a) That Subcontractor presented documentation to Contractor concerning a claim for work performed on the Project;
(b) To the best of Contractor’s knowledge at the time of signing such documentation, the hours and/or materials represented therein appeared to have been worked and/or used on the Project;
(c) By signing such documentation, Contractor does not waive or release any right to dispute or object to the Subcontractor’s claim that it is entitled to additional compensation, an extension of time, or that the hours worked and/or materials used were reasonable for the work performed therein. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision section or not, shall release or exonerate, exonerate in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. Subcontractor acknowledges and agrees that Contractor's Superintendent does not have authority to waive any terms, conditions or requirements set forth in this provision, in this Agreement, and/or in the Contract Documents or the Prime Contract.
Appears in 1 contract
Sources: Subcontract Agreement
Changes in the Work. 6.1 Subcontractor 12.1 Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless Owner bas agreed in writing to a longer period of time), Construction Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or for minor changes ordered by Design Professional that will not result in an increase in compensation or adjustment to the Contract Time, no addition or changes to the work described Work shall be made except upon written order of Owner, and Owner shall not be liable to Construction Contractor for any increased compensation or adjustment to the Contract Time without such written order. NO OFFICER, EMPLOYEE OR AGENT OF OWNER IS AUTHORIZED TO DlRECT ANY EXTRA OR CHANGED WORK ORALLY.
12.2 A Change Order, in the fonn prescribed by the Owner on the Owner's Facilities Division Web Page (lill.P-://f giliti@s.,_myg t_hc rrgl.) as of the date of the respective TASK ORDER, shall be prepared by Construction Contractor, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Contractor and Owner concerning the requested changes. Construction Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Construction Contractor shall mutually agree.
12.3 If Owner and Construction Contractor are unable to agree on a Change Order for the requested change, Construction Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Construction Change Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Construction Contractor disagrees with Owner's adjusunent detennination, Construction Contractor must make a claim pursuant to Section 13 of these General Conditions or else be deemed to have waived any claim it might otherwise have had on that matter.
12.4 In the event a requested change is approved by Owner which results in writingeither an increase or decrease to the Contract Amount, a Change Order shall be issued which increases or decreases the GMP by the amount of Construction Contractors actual and reasonable direct Cost of the Work (including bond premiums).
12.5 Notwithstanding any provision herein to the contrary, the amounts for combined overhead and profit for Change Orders and Construction Change Directives are as follows:
1. Such change For the Contractor, for Work performed b:y the Contractor's own forces or written direction increases in any bond premiums; a percentage of the cost equal to that used to establish the Construction Contractor's fee. Construction Management Agreement CONSTRUCnON MANAGEMENT SERVICES ON A CONTINUING BASIS IICPSCM (too•tletn1t<1acldltl4111) 0541!2011 NOVEMBER 18,2010
2. For the Contractor, for Work performed by the C(mtraclor's Subcontractor; a percentage of the amount due the Subcontractor equal to that used to establish the Construction Contractor's fee.
3. For each Subcontractor or Sub-subcontractors involved, the Work perfonned by that Subcontractor or Sub-subcontractor's own forces; ten percent (1 0%) of the cost.
4. For each Subcontractor, the Work pet-formed by the Subconu·actor's Sub-subcontractor's; five percent (5%) ofthe amount due the Sub-subcontractor.
5. No further tiering of the Sub-subcontractors will be allowed ▇▇▇▇-up for overhead and profit.
6. Cost to which overhead and profit is to be applied shall not invalidate be determined in accordance with Section 5 of this Agreement.
6.2 If necessary7. In order to facilitate checking of quot·ations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accomplished by a complete itemization of costincluding labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving over $100.00 be approved without such itemization.
12.6 Owner shall have the right to conduct an audit of Construction Contractor's books and records, as well as those of its subcontractors and suppliers, to verify the accuracy of Construction Contractor's claim with respect to Construction Contractor's costs associated with any Change Order or Construction Change Directive.
12.7 Design Professional may direct Construction Contractor to make nonmaterial changes to the Work, so long as such changes do not require or result in any adjustment to the Contract Amount, Contract Time or Project quality, and in accordance are generaJJy within the scope of the Work. All such changes must be evidenced by a written order from Design Professional to Construction Contractor, with the other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor's performance a copy to Owner. Construction Contractor shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor comply with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written directionsuch orders.
6.3 Payment for changed work shall be made in accordance with Section 4.
6.4 Subcontractor shall not make any 12.8 When the GMP includes an Owner's Contingency Allowance, changes in the work described may be authorized as a Contingency Adjustment. The procedures for Contingency Adjustments are the same as for Change Orders and Construction Change Directives, except that no increase or decrease to the GMP results. Costs for Contingency Adjustments shall not include amounts for Contractor's overhead and profit or adjustments to the Contractor's fee. lf Owner and Construction Contractor are unable to agree on a Contingency Adjustment for the requested change, Construction Contractor shall, nevertheless, promptly perform the change as directed by Owner in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without a written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entityConstruction Change Directive. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change to the Work, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed work.
6.6 No change, alteration, or modification to or deviation from this Agreementevent, the Contract DocumentsAmount and Contract Time shall be adjusted as directed by Owner. If Construction Contractor disagrees with Owner's adjustment detennination, prime contract, plans, Construction Contractor must make a claim pursuant to Section 13 of these General Conditions or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, else be deemed to have waived any bond or any surety claim it might otherwise have had on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationthat matter.
Appears in 1 contract
Sources: Construction Management Agreement
Changes in the Work. 6.1 Subcontractor shall SUBCONTRACTOR hereby agrees to make any and all changes to changes, furnish the materials and perform the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate that CONTRACTOR may require without nullifying this Agreement.
6.2 If necessary, and in accordance with the other provisions of this Subcontractat a reasonable addition to, or reduction from the Contract Price stated herein, and pro-rata to the same. All clauses of this contract shall apply to any changes or extras in Section 3 a like manner and to the same extent as though said changes or extras were incorporated herein. SUBCONTRACTOR shall adhere strictly to the plans and specifications unless a change therefrom is authorized in writing. The decision of CONTRACTOR and the time for Subcontractor's performance Owner’s Representative as to the true construction, meaning and intent of the Plans and Specifications shall be adjusted by appropriate final and binding upon SUBCONTRACTOR. Under no conditions shall SUBCONTRACTOR make any changes, either as additions or deductions mutually deductions, without the written order of the, CONTRACTOR and CONTRACTOR shall not pay any extra charges made by the SUBCONTRACTOR that have not been agreed upon before Subcontractor performs in writing by CONTRACTOR: and, in no event, shall CONTRACTOR make payment for any such extra charges unless and until the changed CONTRACTOR itself receives payment from OWNER. SUBCONTRACTOR shall submit immediately to the CONTRACTOR written copies of his firm’s cost of credit proposal for changes in the work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor's written direction. Once Subcontractor receives Contractor's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction.
6.3 Payment for changed Disputed work shall be made performed as ordered in accordance with Section 4.
6.4 Subcontractor writing by the CONTRACTOR and the proper cost or credit breakdowns therefore shall not make be submitted without delay by SUBCONTRACTOR to CONTRACTOR. Notice of any changes damage or of any additional cost which SUBCONTRACTOR claims is the responsibility of OWNER, ARCHITECT, CONTRACTOR or of any other SUBCONTRACTOR shall be filed in writing by SUBCONTRACTOR at CONTRACTOR’S home office, at the address set forth in the work described in Section 2 or in any way cause or allow that work to deviate first paragraph of this agreement, within three days from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that he will not be paid for that changed work, even if he received verbal direction, written or otherwise, from the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out commencement of any such change he makes without written direction from Contractor.
6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager alleged damage or additional cost and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements.
6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar fourteen days from discovering such changed conditioncommencement, SUBCONTRACTOR shall file with CONTRACTOR an itemized written accounting of such damage or additional cost. If a dispute arises between Contractor and Subcontractor about whether particular work constitutes a change Unless filed within those specified periods of time, CONTRACTOR shall have the right to consider the Workclaim waived by SUBCONTRACTOR without any further recourse to CONTRACTOR, Subcontractor shall timely perform the disputed work and give written notice of any claim for additional compensation for that work within five (5) days after such work was performed. Subcontractor's failure to perform the work its Surety or failure to give timely notice of the change and claim constitutes an agreement by him that he will not be paid for the disputed workagainst OWNER.
6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.
Appears in 1 contract
Sources: Subcontract Agreement