Regl. 7998, art. 11 dup2
CHANGES IN THE WORK
Length: 997 wordsOfficial source
Cite as Reglamento Núm. 7998, Art. 11 dup2
11.1 Authorized Changes in the Work
11.1.1 Without invalidating the Agreement and without notice to any surety, Owner, through the Owner's
Representative, may, at any time or from time to time, order additions, deletions, or revisions in the Work by a
Written Amendment, a Change Order, an Extra Work Order, Work Change Directive, or a Construction Change
Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved, which
will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically
provided).
11.1.2 If there is agreement that said request will include an adjustment either in the Contract Sum, the Contract
Time, or both, the adjustment shall be based on one of the following methods:
11.1.2.1. Mutual acceptance of a lump sum properly itemized and supported with sufficient substantiating data and
documentation to permit evaluation and mutually acceptance of adjustment to Contract Time, and Contract Price if
necessary;
11.1.2.2. Contract Price and Contract Time to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage Contractor's fee; or
11.1.2.3. As provided in Articles 9.2 and 10.
11.1.3 The Owner's Representative shall have authority to order minor changes in the Work not involving any
adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the
Contract Documents.
11.1.3.1. Such changes shall be made by a written Field Order, or by other written orders.
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11.1.3..2. Such changes shall be binding on the Owner and the Contractor.
11.1.3.2.1. If the Contractor is not in agreement that such order does not increase either the Contract Sum or
the Contract Time, the Contractor shall promptly present his Claim in the method specified in Article 11.5, herein.
11.1.4. The Owner's Representative may issue written Field Orders covering minor changes in the Work
without change in Contract Sum or Contract Time.
11.1.4.1. If the Contractor is not in agreement that such Field Order does not increase either the Contract Sum
or the Contract Time, he shall promptly present his claim in the method specified in Article 11.5, herein.
11.1.5. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Time, or both, that should be allowed as a result of a Work Change
Directive or a Construction Change Directive, a claim may be made therefore as provided in Article 11.5.
11.2 Unauthorized Changes in the Work
11.2.1. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any Work performed that is not required by the Contract Documents as amended, modified, or
supplemented, except in the case of an emergency as provided in Article 14.13 or in the case of testing and/or
uncovering Work as provided in Articles 12.3 and 12.4.
11.3 Execution of Change Orders and Extra Work Orders
11.3.1. Owner and Contractor shall execute appropriate written Change Orders and/or Extra Work Orders (or
Written Amendments) recommended by Owner's Representative covering:
11.3.1.1. changes in the Work, which are:
11.3.1.1.1. ordered by Owner's Representative pursuant to Article 11.1;
11.3.1.1.2. required because of acceptance of defective Work under Article 12.7.1 or Owner's Representative's
correction of defective Work under Article 12.8; or
11.3.1.1.3. agreed to by the parties;
11.3.1.2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive or
a Construction Change Directive; and
11.3.1.3. changes in the Contract Price or Contract Time which embody the substance of any written decision
rendered by Owner's Representative pursuant to Article 11.5; provided that in lieu of executing any such Change
Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract
Documents and applicable Laws or Regulations, but during any such appeal of the Dispute, Contractor shall carry
on the Work and adhere to the Progress Schedule and the Owner shall pay for such work performed subject to final
resolution of the Dispute.
11.3.1.4. Owner, with the approval of the Change Order/Extra Work Order, shall submit written evidence to
the Contractor that the money to pay for said Change Order Work has been assigned to make payment under
the Contract.
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11.4 Notification to Surety
11.4.1. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to Contract Price or Contract Time) is required by the provisions of any Bond
to be given to a surety, the giving of any such notice will be Contractor's responsibility. The penal sum of each
applicable Bond will be adjusted to reflect the effect of any such change.
11.4.1.1. Owner shall submit to the pertinent government agencies any documentation required by law or
regulation to be submitted for the validity or enforceability of any Change Order Work, and shall provide proof
of the proper submittal of said documentation if requested in writing by the Contractor.
11.5 Claims and Disputes
11.5.1. Written notice stating the general nature of each Claim, Dispute, or other matter shall be delivered by
Contractor to Owner, through Owner's Representative, promptly (but in no event later than 30 days) after the
start of the event giving rise thereto.
11.5.1.1. Notice of the amount or extent of the Claim, Dispute, or other matter with supporting data shall be
delivered to the Owner within sixty (60) days after the end of such event (unless Owner's Representative allows
additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other
matter).
11.5.1.2. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of