Home Improvement Siding Kitchen Windows Vinyl Pools Patio Security 0124

Section 9 – Changes and Claims

9-14 CONTRACT CHANGE ORDER (CCO)

The Agency will issue a Contract Change Order (CCO) for approval if a change to the Total

Contract Price or Contract Time is necessary. The Contractor shall not be entitled to any

adjustments in either Contract Time or Total Contract Price for changes performed without

written direction from the Agency. Adjustments in Contract Time or Total Contract Price for

changes performed will not be made until a Contract Change Order is approved. A Contract

Change Order is comprised of one or more Field Instructions or other written directives, and

contains a summary of each change and changes to the Contract Time or Total Contract Price.

9-15 ACCEPTANCE OF ORDERS FOR CHANGES

The Contractor’s written agreement of a Contract Change Order, Field Instruction, or other

written directive will constitute his final and binding agreement to the provisions of the Contract

Change Order, Field Instruction, or other written directive, and a waiver of all claims in

connection therewith, whether direct or consequential in nature, including those of any

Subcontractors or suppliers. If the Contractor disagrees with any Contract Change Order, Field

Instruction, or other written directive, the Contractor may submit a notice of potential claim to the

Agency in accordance with Section 9-17, “Notice of Potential Claim”, in this Section of these

Specifications. Disagreement with the provisions of a Change Order, Field Instruction, or other

written directive will not relieve the Contractor of the Contractor’s obligations under the Contract.

9-16 DISPUTE REGARDING CONTRACT REQUIREMENTS

If the Contractor and Agency fail to agree whether or not any work or other matter is within

the scope of the Contract, the Contractor shall nevertheless immediately perform such work

upon receipt of a written Field Instruction or other written directive. Within fourteen (14)

Calendar Days after receipt of the Field Instruction or other written directive, the Contractor may

submit a written protest detailing the Contract requirements exceeded and the approximate cost

and/or time change. Failure to submit a protest within the specified period constitutes a waiver

of the Contractor’s rights to adjustments in the Total Contract Price or Contract Time for the

disputed Contract requirement.

The Contractor shall not stop performing the Work pending resolution of a dispute, unless

ordered in writing by the Agency.

If the Agency agrees with the Contractor’s written protest, the Total Contract Price and/or

Contract Time will be adjusted through a Contract Change Order. Protests and claims denied

by the Agency will be so stated in writing.

9-17 NOTICE OF POTENTIAL CLAIM

The Contractor shall not be entitled to payment of any additional compensation for any

cause, including any disagreement, protest, or change, any act or failure to act by the Agency,

or the happening of any event, thing or occurrence, unless the Contractor has given the Agency

due advance written notice of potential claim as hereinafter specified. The written notice of

potential claim shall set forth the reasons for which the Contractor believes additional

compensation and/or time will or may be due, the nature of the costs and/or time involved, and,

insofar as possible, the amount of the potential claim.

Except as required below, the Contractor shall promptly provide written notification to the

Agency upon discovery of concealed or unknown conditions or any disagreement, protest,

situation, event, or occurrence that may result in a claim. This notice shall be submitted no

more than seven (7) Calendar Days after the discovery or occurrence of any event that may be

the basis for a claim for additional compensation or time; failure to do so waives the claim.