Agenda - 02-19-2008-4j1 - Laserfiche WebLink

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13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any Completion Date can have the effect of delaying the Substantial Completion of the Project, or could force the CMAR to accelerate the Contractor's Work or the work of other contractors. Such delay in achieving a Completion Date will necessarily cause damages, losses, and expenses to the CMAR, including, but not limited to and by way of illustration only, liquidated damages payable to the Owner, damages payable to other contractors, increased and extended Project overhead, increased fees, increased costs of construction, increased and extended operation costs of other facilities, and inefficiency and loss of productivity. Such damages, losses, and expenses may be recovered from the Contractor and, if the Contractor is bonded, its surety. 13.17 The sum for liquidated damages payable to the Owner is the amount stipulated in the CMAR Contract and reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of said CMAR and the Contractor(s) to complete the Project within the time specified in the Construction Management Contract, such time being in the essence of this Agreement and a material consideration thereof. ARTICLE 14. CHANGES IN THE WORK 14.1 Without invalidating the Contract Documents, the CMAR may, at any time, or from time to time order additions, deletions, or revisions in the Work. Said additions, deletions, or revisions shall be authorized only by written Change Orders, Construction Change Directives or Field Orders. Upon receipt of a Change Order, Construction Change Directive or Field Order, the Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change causes an increase or decrease in the Contract Price and/or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 and/or Article 15 of these General Conditions. 14.2 If possible, Work shall not begin on any change or alteration to the Work until a written Change Order is executed settling any change in the Contract Price or Contract Time. In the event the Contractor and the CMAR cannot agree that an adjustment to the Contract Price or the Contract Time is warranted, or cannot agree on the appropriate adjustment to the Contract Price or the Contract Time, in order to expedite the Work and avoid or minimize delay in the Work that might affect the Contract Price or Contract Time, the Contractor shall, if so directed by the CMAR in writing, nevertheless proceed with the Work, and any adjustment to the Contract Price or Contract Time shall be negotiated by the parties at a later date, utilizing the dispute resolution procedures under this Agreement if necessary. Any claim for an adjustment in Contract Price or Contract Time, if not defined in the Construction Change Directive, shall be promptly made in writing in accordance with the procedures defined in Article 15.2 of these General Conditions. 14.3 The Designer, through the CMAR, may authorize minor changes or alterations in the Work not involving change in the Contract Price or in the Contract Time and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. Such alterations shall not invalidate the Contract Documents nor release the surety. If the Contractor believes that any minor change or alteration authorized by the Designer entitles the Contractor to an increase in the Contract Price and/or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 and/or Article 15 of these General Conditions. 14.4 Except in an emergency endangering life or property, no change shall be made by the Contractor except upon prior written Change Order, Construction Change Directive or Field Order authorizing such change. GENERAL CONDITIONS FOR CM AT RISK PROJECT 29 of 42 JUNE 2007 EDITION