Orange County NC Website
DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 32 <br /> the Owner and Designer. The Contractor shall not be entitled to additional time or to additional <br /> compensation for any Work performed or material supplied which is claimed to have been <br /> authorized or settled by an "oral" change, or by a "constructive" or"implied" change, or by a <br /> course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, <br /> or by any means whatsoever other than by a written Change Order for such Work or material <br /> signed by the Owner and the Designer. <br /> 14.5 Changes in the Work resulting from emergency shall not invalidate the Contract <br /> Documents nor release the surety. <br /> 14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have <br /> not been confirmed in writing, and in no case shall such instructions be interpreted as permitting <br /> a departure from the Contract Documents unless such instruction is confirmed in writing and <br /> supported by a proper Change Order, Construction Change Directive or Field Order, whether or <br /> not the cost is affected. <br /> 14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor's <br /> sureties of any changes affecting the general scope of the Work or change in the Contract <br /> Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement <br /> is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the <br /> Owner. <br /> If this requirement is exercised, the Change Orders shall require written consent of the <br /> Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to <br /> certify as follows: "I certify that all sureties have been notified that my contract has been altered <br /> by the amount of this Change Order, and that a copy of the approved Change Order will be <br /> mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the <br /> Contractor on account of any Change Order shall become due or payable until written evidence <br /> of the surety's consent to the Change Order has been furnished to the Designer and to the <br /> Owner, and the furnishing of such written consent is a condition precedent to such payment. <br /> 14.8 The Contractor shall support all requests for Change Orders with a detailed cost <br /> breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's <br /> overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the <br /> request seeks an extension of the Contract Time, with a time-related diagram which <br /> demonstrates specifically why an increase in construction time is needed. <br /> 14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide <br /> quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list <br /> materials, equipment, and labor separately, and show overhead and profit in the manner <br /> provided in paragraph 14.8. <br /> ARTICLE 15. CHANGE OF THE CONTRACT PRICE <br /> 15.1 The Contract Price constitutes the total compensation payable to the Contractor for <br /> performing all Work under the Contract Documents. All duties, responsibilities, and obligations <br /> assigned to or undertaken by the Contractor shall be at his expense without change in the <br /> Contract Price. The Contract Price may only be changed by a Change Order. <br /> Revised NETPLANNER v2 <br />