Disputed change order Sample Clauses

A Disputed Change Order clause defines the process for handling disagreements between parties regarding changes to the scope, cost, or timeline of a project. Typically, this clause outlines the steps to be taken when one party issues a change order that the other party does not agree with, such as requiring written notice of the dispute, continued performance under protest, or escalation to a specified dispute resolution mechanism. Its core function is to ensure that work can proceed without interruption while providing a structured method for resolving disagreements, thereby minimizing project delays and clarifying each party’s rights and obligations during a dispute.
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Disputed change order. If the Contractor has requested the Customer to issue a change order pursuant to clause 3.7, the Customer shall, within a reasonable period of time, issue a change order pursuant to clause 3.3, or issue a written waiver of the request. If the Customer deems the work to form part of the deliverables, it shall be explicitly stated that the change order is disputed (disputed change order). The change order shall include an explanation as to why the Customer deems the change order to be disputed. Even if the change order is disputed, the Contractor shall perform what has been ordered in return for the Customer paying a provisional consideration corresponding to half of the amount to which the Contractor believes it is entitled. If the Contractor does not demand a decision concerning the disputed change pursuant to clause 3.9 of the Agreement within three (3) months after the consideration has been paid, or if the work is deemed to fall within the scope of the Agreement, the provisional consideration shall be set off against the consideration due upon the next payment milestone. If the work is deemed to be a change, the fixed consideration for the change, adjusted for the provisional consideration, shall be incorporated into the ordinary payment plan. The Contractor may contest the duty to perform the work by requesting a ruling from an independent expert or mediator or institute legal proceedings or submit the dispute for arbitration in order to have its claim resolved with final effect, cf. chapter 16. Such a request must be submitted without undue delay after the Customer has provided notice that the change is disputed. The Contractor shall bear the risk associated with any delays that may occur due to the postponement of the work, if it is determined that the work falls within the scope of the Agreement.
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Disputed change order. ‌ If the Contractor has demanded that the Customer send a change order pursuant to clause 1.4.2, the Customer shall within a reasonable period of time issue a change order pursuant to clause 1.4.2, or in writing waive the claim. If the Customer considers that the work is part of the delivery, it must be expressly stated that the change order is disputed (disputed change order). The change order shall contain a reason for why the Customer considers that the change order is disputed. Even if the change order is disputed, the Contractor has a duty to perform what is imposed against the Customer paying a preliminary consideration equivalent to half of the amount the Contractor thinks he is entitled to. If the Contractor does not require a decision of the disputed amendment pursuant to clause 1.4.5 within 3 (three) months after the consideration has been paid or if the work is deemed to be within the contract, the provisional consideration shall be offset against the next payment. If the work is considered a change, the fixed compensation for the change, adjusted for the preliminary consideration, shall be incorporated into the ordinary payment plan. The Contractor may contest the duty to perform the work by requiring a decision by an independent expert or mediator or raise a lawsuit or bring the dispute in for arbitration to make his claim final. Such claims must be granted without undue delay as a result of the work being postponed if it is stipulated that the work is covered by the contract. The exception in this section does not apply to work related to services that affect life and health or the provision of community-critical services.
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Disputed change order. If the Contractor has requested the Customer to issue a change order pursuant to Clause 3.7, the Customer shall, within a reasonable period of time, issue a change order pursuant to Clause 3.3, or issue a written waiver of the request. If the Customer deems the work to form part of the deliverables, it shall be explicitly stated that the change order is disputed (disputed change order). The change order shall include an explanation as to why the Customer deems the change order to be disputed. Although the change order is disputed, the Contractor shall be obliged to perform the work ordered, provided that security is provided by the Customer. The requirement for the providing of security shall not apply if the Customer is a Norwegian public body.
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Disputed change order. If the Supplier has requested that the Customer send a Change Order pursuant to clause 9.6, the Customer shall, within a reasonable period of time, either issue the Change Order pursuant to clause 9.3, or issue a written waiver of the request. If the Customer deems the work to form part of the services, it shall be explicitly respond that the request for a Change Oorder is disputed (disputed Change Order of ). The response shall include an explanation as to why the Customer disputes the Change Order . Even if the Change Order is disputed, the Supplier shall perform what has been ordered in return for the Customer paying a provisional consideration corresponding to half of the amount to which the Supplier believes it is entitled. If the Supplier does not demand a decision concerning the disputed Change pursuant to clause 9.8 of the MSA within three (3) months after the consideration has been paid, or if the work is deemed to fall within the scope of the MSA, the provisional consideration shall be set off against the consideration due upon the next payment milestone. If the work is deemed to be a Change of the contract, the fixed consideration, adjusted for the provisional consideration, shall be incorporated into the ordinary payment plan.
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Disputed change order. Within six (6) months of receiving the dispute to the request for a Change Order , the Supplier shall either a) request a ruling from an independent expert or mediator, b) institute legal proceedings, or c) submit the dispute for arbitration in order to have its claim resolved with final effect. If the Supplier fails to do so, the work shall be deemed to fall within the scope of the Supplier’s duties under the MSA.
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Related to Disputed change order

  • Change Order The Change Order is then submitted to the Project Manager who immediately processes the CO with OPC as required by Bulletin 3.5 and BGS’ Contracting Plan.

  • Change Orders Any alteration or deviation from the Services mentioned or any other contractual specifications that result in a revision of this Agreement shall be executed and attached to this Agreement as a change order (“Change Order”).

  • Change Order Process 12.2.1 Contractor shall provide Notice to Owner as soon as practicable, but no later than five (5) Business Days, after the time when Contractor knows of the impact of any Force Majeure Event, Owner Caused Delay or any other basis for a Change Order that will impact the Work. Failure to provide such Notice within ten (10) Business Days after the time when Contractor knows of the impact of any Force Majeure Event shall be deemed to be a waiver of the Contractor’s right to receive a Change Order with respect thereto. Such Notice shall, to the extent practicable, specify the estimated impact on the Target Price and/or the Project Schedule, as applicable, the impact upon the various portions of the Work occasioned by reason of such Force Majeure Event, Owner Caused Delay or any other basis for a Change Order, and shall substantiate the foregoing to the satisfaction of Owner. In the event that Contractor does not know or is unable to specify with reasonable certainty the impact upon the Work at the time such Notice is to be delivered, Contractor shall instead provide Owner with a notice of a potential or anticipated impact of any Force Majeure Event, Owner Caused Delay or any other basis for a Change Order that could impact the Work, and shall thereafter provide Owner (and, if requested by Owner, the Independent Engineer) with periodic supplemental Notices during the period that the Force Majeure Event, Owner Caused Delay or any other basis for a Change Order, as applicable, continues, detailing any developments, progress or other relevant information of which Contractor is aware. To the extent Owner (in consultation with the Independent Engineer with respect to a Material Change) agrees with the Contractor’s determination of a Force Majeure Event or Owner Caused Delay or any other basis for a Change Order, as applicable, and the effects thereof, Owner shall notify Contractor of Owner’s acceptance. In the event Owner (in consultation with the Independent Engineer with respect to a Material Change) does not accept the Contractor’s findings, Owner or Contractor shall be permitted to dispute such Change Order in accordance with Article 36, and Contractor shall be paid for any Work performed in respect of such disputed Change Order as provided in Section 12.2.5. 12.2.2 As soon as practicable, and in any event within fifteen (15) Days (or such other period as is mutually agreed by Owner and Contractor) after receipt from Owner of a request for a change or Notice of Owner’s acceptance under Section 12.2.1, Contractor shall submit to Owner a proposal for implementing the change indicating the estimated change to the Target Price and/or the Project Schedule, as applicable. If Owner (having consulted with the Independent Engineer in the case of a Material Change) agrees that the Contractor’s proposal should be implemented, Owner (having consulted with the Independent Engineer in the case of a Material Change) shall issue a Change Order incorporating such proposal. Upon receiving such Change Order, Contractor shall diligently perform the change in accordance with the terms thereof. 12.2.3 Contractor’s proposal required pursuant to Section 12.2.2 shall consist of: (a) a detailed material take-off with supporting calculations in accordance with the pricing structure herein, for pricing the change, (b) revisions, if any, to the Drawings and Specifications, (c) a schedule for the work associated with the proposed change, (d) the effect, if any, to the Target Price and/or the Project Schedule, as applicable, (e) the effect, if any, of the change on the Work, including the Performance Tests and/or Demonstration Tests (or protocol therefor), (f) changes, if any, to any right, liability or obligation of a Party or any other provision hereof and (g) changes, if applicable, to any Applicable Deadline.

  • SCOPE CHANGES The Commissioner reserves the right to require, by written order, changes to the scope of the Contract, by altering, adding to or deducting from the Bid Specifications, such changes to be within the general scope of the Contract. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under the Contract, whether or not changed by the order, the Commissioner shall, upon notice from Contractor as hereafter stated, make an equitable adjustment in the Contract price, the delivery schedule or both and shall modify the Contract. The Contractor must assert its right to an adjustment under this clause within thirty days from the date of receipt of the written order. However, if the Commissioner decides that the facts justify it, the Commissioner may provide an adjustment without receipt of a proposal. Failure to agree to any adjustment shall be a dispute under the Disputes clause, provided, however, that nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

  • Project Changes Project changes prior to bid opening shall be made by addendum to plans and specifications. Changes after bid opening shall be made by change order. The Local Government shall submit all addenda and all change orders to the Department for an eligibility determination. After execution of all construction, equipment and materials contracts, the Project contingency may be reduced.