Common use of Owner-Directed Changes Clause in Contracts

Owner-Directed Changes. Owner may, at any time, without notice to the sureties hereunder or the Guarantor, if any, by Directive Letter under Article 14.2 or by a Time and Materials Change Order, make changes to the Work. Contractor shall proceed immediately with the Work as directed in the Directive Letter or the Time and Materials Change Order. Contractor shall maintain and, upon request, deliver to Owner, contemporaneous records, meeting the requirements of the Time and Materials Change Orders clause (Article 14.13), for all Work performed that Contractor believes constitutes extra work, until all disputes regarding entitlement or cost of such work are resolved. Contractor’s receipt of a Directive Letter or Time and Materials Change Order from Owner is a condition precedent to Contractor’s right to claim that an Owner-Directed Change has occurred, provided that no Directive Letter or Time and Materials Change Order shall be required for alleged Owner-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner. To the extent Contractor performs any changed or extra work without receiving a Directive Letter (provided that no Directive Letter shall be required for alleged Owner- Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner) or Change Order, including a Time and Materials Change Order, executed by Owner, Contractor shall be deemed to have performed such work voluntarily and shall not be entitled to a Change Order in connection therewith, and may be required to remove or otherwise undo such work at its sole cost.

Owner-Directed Changes. Owner may, at any time, without notice to the sureties hereunder or the Guarantor, if any, by Directive Letter under Article 14.2 or by a Time and Materials Change Order, make changes to the Work. Such changes to the Work shall be considered Owner- Directed Changes. Contractor shall proceed immediately with the Work as directed in the Directive Letter or the Time and Materials Change Order. Contractor shall maintain and, upon request, deliver to Owner, contemporaneous records, meeting the requirements of the Time and Materials Change Orders clause (Article 14.13), for all Work performed that Contractor believes constitutes extra work, until all disputes regarding entitlement or cost of such work are resolved. Contractor’s receipt of a Directive Letter or Time and Materials Change Order from Owner is a condition precedent to Contractor’s right to claim that an Owner-Directed Change has occurred, provided that no Directive Letter or Time and Materials Change Order shall be required for alleged Owner-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner. To the extent Contractor performs any changed or extra work without receiving a Directive Letter (provided that no Directive Letter shall be required for alleged Owner- Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner) or Change Order, including a Time and Materials Change Order, executed by Owner, Contractor shall be deemed to have performed such work voluntarily and shall not be entitled to a Change Order in connection therewith, and may be required to remove or otherwise undo such work at its sole cost.

Owner-Directed Changes. Owner may, at any time, without notice to the sureties hereunder or the Guarantor, if any, by Directive Letter under Article 14.2 or by a Time and Materials Change Order, make changes to the Work. %20Au Contractor shall proceed immediately with the Work as directed in the Directive Letter or the Time and Materials Change Order. Contractor shall maintain and, upon request, deliver to Owner, contemporaneous records, meeting the requirements of the Time and Materials Change Orders clause (Article 14.13), for all Work performed that Contractor believes constitutes extra work, until all disputes regarding entitlement or cost of such work are resolved. Contractor’s receipt of a Directive Letter or Time and Materials Change Order from Owner is a condition precedent to Contractor’s right to claim that an Owner-Directed Change has occurred, provided that no Directive Letter or Time and Materials Change Order shall be required for alleged Owner-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner. To the extent Contractor performs any changed or extra work without receiving a Directive Letter (provided that no Directive Letter shall be required for alleged Owner- Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner) or Change Order, including a Time and Materials Change Order, executed by Owner, Contractor shall be deemed to have performed such work voluntarily and shall not be entitled to a Change Order in connection therewith, and may be required to remove or otherwise undo such work at its sole cost.