12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by
the party making the claim to the ENGINEER and the other party to the Contract in accordance with the
provisions of paragraph 10.05.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an
adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price
will be determined as follows:
3. Any part of CONTRACTOR's capital expense, including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for delinquent payments.
4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any
damage to property.
1. If ordered to use equipment not listed in the aforementioned publications, the Engineer will
establish a rental rate for such equipment. CONTRACTOR shall furnish cost data that might
assist in the establishment of such rental rate.
ii. Payment will be made for the actual time that such equipment is in operation on the work.
ui. Authorized standby time for idle equipment shall be paid at 50% of the specified rate, less the
estimated operating cost per hour. No markup will be added for overhead and profit.
2. Cost of all materials and equipment fumished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which
to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates
and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and
prepared in accordance with the provisions in paragraph 12.01.B. A dispute for an adjustment in Contract Time
shall be prepared in accordance with the provisions of paragraph 12.02.B. Each dispute shall be accompanied by
claimant's written statement that the adjustment disputed is the entire adjustment to which the claimant believes it
is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time).
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work by a Written Amendment or a Change Order. 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).
9.08 Determinations for Unit Price Work
A ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price
Work performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final,
binding on OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect
changed factual conditions).
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work
B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of
ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for any failure of
