Common use of PROCEEDING WITH WORK Clause in Contracts

PROCEEDING WITH WORK. If a Subcontractor and Contractor do not agree upon either (i) whether or not the Subcontractor’s written notice requesting extra compensation constitutes changed work or additional work beyond the original scope of Subcontract Work, or (ii) the reasonable amount of extra compensation due for the changed or extra work, then Subcontractor shall proceed with the work in accordance with the instructions of the Contractor. In such event, the Subcontractor shall maintain and present to the Contractor, in such form as the Contractor may prescribe an itemized accounting of costs, together with appropriate supporting data, for all extra labor, materials, and equipment expended at the project site by the Subcontractor for the changed or additional work. For changed or additional work beyond the scope of the original Subcontract Work, the Subcontractor shall be entitled to recover, subject to the requirements for notice, all labor, material, and equipment costs expended at the project site for the changed or additional work, minus the costs for any deleted work, plus a sum of fifteen percent (15%) as an aggregate amount for Subcontractor’s overhead and profit. In the event that Subcontractor’s costs include second and third tier subcontractors, the aggregate sum of Subcontractor’s overhead and profit, together with all its subcontractors’ overhead and profit, shall not exceed twenty percent (20%) in addition to the costs for labor, materials, and equipment expended at the project site by Subcontractor and all its subcontractors.

PROCEEDING WITH WORK. If a Subcontractor and Contractor do not agree upon either (i) whether or not the Subcontractor’s written notice requesting extra compensation constitutes changed work or additional work beyond the original scope of Subcontract Work, or (ii) the reasonable amount of extra compensation due for the changed or extra work, then Subcontractor shall proceed with the work in accordance with the instructions of the Contractor. In such event, the Subcontractor shall maintain and present to the Contractor, in such form as the Contractor may prescribe an prescribe, and itemized accounting of costs, together with appropriate supporting data, for all extra labor, materials, and equipment expended at the project site by the Subcontractor for the changed or additional work. For changed or additional work beyond the scope of the original Subcontract Work, the Subcontractor shall be entitled to recover, subject to the requirements for notice, all labor, material, and equipment costs expended at the project site for the changed or additional work, minus the costs for any deleted work, plus a sum of fifteen percent (15%) as an aggregate amount for Subcontractor’s overhead and profit. In the event that Subcontractor’s costs include second and third tier subcontractorssubcontractor’s, the aggregate sum of Subcontractor’s overhead and profit, together with all its subcontractors’ overhead and profit, shall not exceed twenty percent (20%) in addition to the costs for labor, materials, and equipment expended at the project site by Subcontractor and all its subcontractors.. Insurance and Indemnification