Common use of DELETED WORK Clause in Contracts

DELETED WORK. When the Change Order deletes Work from DB Contractor’s scope, the amount of the reduction in the Price shall be based upon DB Contractor’s estimated price for such work included in the Proposal, including a bill of material and a breakdown of labor and equipment costs, plus variable overhead and profit associated with the deleted Work. Estimated costs that the DB Contractor applied to develop the original Price, as well as markup for profit and variable overhead at the rates the DB Contractor applied to develop the Price, as reflected in the EPDs, shall apply for determining the amount of the Price reduction for deleted Work Change Orders. The amount of risk associated with such Work as of the Effective Date by DB Contractor shall be an additional factor in determining the amount of the Price reduction for deleted Work Change Orders. When a deduction is involved, documented cancellation and restocking charges may be included in costs and subtracted from the Price deduction. In addition, the following shall be deducted from the Price reduction or reimbursed by TxDOT: (a) reasonable demobilization costs of DB Contractor associated with the deleted Work; (b) reasonable cost associated with terminating related Subcontracts; (c) sums due and payable to DB Contractor in accordance with approved Draw Requests for subsequently deleted Work submitted prior to the date of the Directive Letter requiring that such work be deleted; and (d) the cost of actual work performed and costs incurred for the deleted Work after the period covered by the most recent Draw Request and prior to the date of the Directive Letter or other notification by TxDOT eliminating the work.

DELETED WORK. When the Change Order deletes Work from DB Contractor’s scope, the amount of the reduction in the Price shall be based upon DB Contractor’s estimated price for such work included in the Proposal, including a bill of material and a breakdown of labor and equipment costs, plus variable overhead and profit associated with the deleted Work. Estimated costs that the DB Contractor applied to develop the original Price, as well as markup for profit and variable overhead at the rates the DB Contractor applied to develop the Price, as reflected in the EPDs, shall apply for determining the amount of the Price reduction for deleted Work Change Orders. The amount of risk associated with such Work as of the Effective Date by DB Contractor shall be an additional factor in determining the amount of the Price reduction for deleted Work Change Orders. When a deduction is involved, documented cancellation and restocking charges may be included in costs and subtracted from the Price deduction. In addition, the following shall be deducted from the Price reduction or reimbursed by TxDOT▇▇▇▇▇: (a) reasonable demobilization costs of DB Contractor associated with the deleted Work; (b) reasonable cost associated with terminating related Subcontracts; (c) sums due and payable to DB Contractor in accordance with approved Draw Requests for subsequently deleted Work submitted prior to the date of the Directive Letter requiring that such work be deleted; and and (d) the cost of actual work performed and costs incurred for the deleted Work after the period covered by the most recent Draw Request and prior to the date of the Directive Letter or other notification by TxDOT eliminating the work.