Regl. 7998, art. 11.5 dup4
if:
Length: 373 wordsOfficial source
Cite as Reglamento Núm. 7998, Art. 11.5 dup4
10.4.3.1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly
from the estimated quantity of such item indicated in the Agreement; and
10.4.3.2. there is no corresponding adjustment with respect any other item of Work; and
10.4.3.3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase or decrease.
10.5 Contractor's Fee: The Contractor's fee for overhead and profit for Work performed under a Change
Order/Extra Work Order shall be determined as follows:
10.5.1. a mutually acceptable fixed fee; or
10.5.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
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UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS
10.5.2.1. for costs incurred under Articles 10.2.1.1 and 10.2.1.2, the Contractor's fee shall be fifteen (15)
percent;
10.5.2.2. for costs incurred under Article 10.2.1.3, 10.2.1.4 and 10.2.1.5, the Contractor's fee shall be ten
(10) percent;
10.5.2.3. where one (1) or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Article 10.5.2.1 is that the Subcontractor who actually performs the Work, at
whatever tier, will be paid a fee of fifteen (15) percent of the costs incurred by such Subcontractor under
Articles 10.2.1.1 and 10.2.1.2 and that any higher tier Subcontractor and Contractor will each be paid a fee often
(10) percent of the amount paid to the next lower tier Subcontractor;
10.5.2.4. no fee shall be payable on the basis of costs itemized under Articles 10.1.2.1 and 10.1.2.2;
10.5.2.5. the amount of credit to be allowed by Contractor to Owner for any change which results in a net
decrease in cost will be the amount of the actual net decrease in cost; and
10.5.2.6. when both additions and credits are involved in any one change, the adjustment in Contractor's fee
shall be computed based on the net change in accordance with Article 10.5.2.1 through 10.5.2.5, inclusive.