Request for Equitable Adjustment Clause Samples
A Request for Equitable Adjustment (REA) clause allows a contracting party, typically a contractor, to formally seek a modification to the contract price, schedule, or other terms when unforeseen circumstances or changes impact contract performance. This clause outlines the process for submitting such requests, including documentation requirements and timelines, and may apply in situations like government-initiated changes, differing site conditions, or delays beyond the contractor's control. Its core function is to provide a structured mechanism for addressing and compensating for changes, thereby ensuring fairness and minimizing disputes between the parties.
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Request for Equitable Adjustment. 12.3.1 If the Contractor considers a Request for Equitable Adjustment is justified for an increase in the Contract Time or Contract Sum, the Contractor shall promptly, upon first observance of the condition giving rise to the request, provide the Project Manager and County written notice of such condition and circumstance. This notice shall be given by the Contractor before proceeding to execute the Work, except in emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3. No such request shall be valid unless so made. Any change in the Contract Time or Contract Sum resulting from such request for equitable adjustment shall be authorized by Change Order.
12.3.2 If the Contractor requests that additional cost or time is involved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the County to stop the Work pursuant to Paragraph 3.3 where the Contractor was not at fault, or any such order by the Project Manager as the County’s agent, (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, the Contractor shall make such request for equitable adjustment as provided in Subparagraph 12.3.1.
Request for Equitable Adjustment. Design-Builder shall provide Owner with written notice, in accordance with Section 8.6.2, of any event that Design-Builder believes entitles it to an equitable adjustment in the Contract Sum and/or Guaranteed Completion Date(s) within fourteen
Request for Equitable Adjustment. Design-Builder shall provide Owner with written notice, in accordance with Section 8.6.2, of any event that Design-Builder believes entitles it to an equitable adjustment in the Contract Sum and/or Guaranteed Completion Date(s) within fourteen (14) days of the occurrence of the event giving rise to the request. For purposes of this part, “occurrence” means when Design-Builder knew, or in its diligent prosecution of the Work should have known, of the event giving rise to the request. If Design-Builder believes it is entitled to an adjustment in the Contract Sum, Design-Builder shall immediately notify Owner and begin to keep and maintain complete, accurate, and specific daily records. Design-Builder shall give Owner access to any such records and, if requested shall promptly furnish copies of
Request for Equitable Adjustment. Design-Builder shall provide Owner with written notice, in accordance with Section 8.6.2, of any event that Design-Builder believes entitles it to an equitable adjustment in the Contract Sum and/or Guaranteed Completion Date(s) within fourteen (14) days of the occurrence of the event giving rise to the request. For purposes of this part, “occurrence” means when Design-Builder knew, or in its diligent prosecution of the Work should have known, of the event giving rise to the request. If Design-Builder believes it is and begin to keep and maintain complete, accurate, and specific daily records. Design-Builder shall give Owner access to any such records and, if requested shall promptly furnish copies of such records to Owner.
Request for Equitable Adjustment. Any request by the Contractor for an Equitable Adjustment under this paragraph must be made in writing and fully supported by factual information. The request must be delivered to the Owner within thirty (30) days after the Contractor receives written change authorization from the Owner. The Owner, in its sole discretion, may extend this thirty (30) day period if a written request is received prior to the expiration of the thirty (30) days.
Request for Equitable Adjustment. The amount of any request for equitable adjustment (‘REA’) to the terms of the Order shall accurately and fairly reflect the adjustment for which Seller believes Buyer is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations and Seller’s approved cost accounting system. The REA shall include all relevant data, including actual cost data and data supporting estimated costs