shall reimburse the Owner for
costs the contractorbecause of the Design-Builder'sdelays, improperlytimed
activities or defectiveconstruction.The Owner shall be responsibleto the
Design-Builderfor costs the Design-Builder incurs because of a separate
contractor's or AlA Document A141 ' - 2014. Copyright © 2004 and 2014 by The
American Institute of Architects, All rights reserved. AlA5
Document is Tntt. protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA5 Document, or any portion
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[llcagreementoftrcmrc3llc154.jpg]
Owner's delays, improperlytimed activities,damageto the Work or
defectiveconstruction.In the event of a dispute, the Owner or
Design-Buildershall make a claim as providedin Article 14. causes to completed
or §5.14.4The Design-Builder shall promptly remedy damagethe
Design-Builderwrongfully partially completedconstructionor to property of the
Owneror separatecontractorsas provided in Section 10.2.5. andpatchingthe Work
§5.14.5The Owner and eachseparatecontractorshallhavethe sameresponsibilitiesfor
cutting as the Design-Builderhas with respectto the constructionof the Owneror
separatecontractorsin Section5.10. §5.15Owner'sRightto CleanUp If a dispute
arises amongthe Design-Builder,separatecontractorsand the Owner as to the
responsibilityunder their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the Owner may clean up
and will allocatethe cost amongthose responsible. (Paragniph deleted) ARTICLE6
CHANGESINTHEWORK §6.1General Order or Change §6.1.1Changes in the Work may be
accomplished after execution of the Contract by Change Directive, subjectto the
limitationsstated in this Article6 and elsewherein the Design-BuildDocuments.
issue §6.1.2A ChangeOrder shallbe basedupon agreementbetweenthe
OwnerandDesign-Builder.The Ownermay a ChangeDirectivewithout agreementby the
Design-Builder. Documents,and the §6.1.3Changes in the Work shall be performed
underapplicableprovisionsof the Design-Build Design-Buildershall
proceedpromptly,unless otherwiseprovided in the ChangeOrder or ChangeDirective.
§6.2ChangeOrders A Change Order is a written instrument signed by the Owner and
Design-Builderstating their agreementupon all of the following: .1 The change in
the Work; .2 The amountof the adjustment,if any,in the ContractSum or, if prior
to execution ofthe Design-Build Amendment,the adjustmentin the
Design-Builder'scompensation;and .3 The extent of the adjustment,if any,in the
ContractTime. §6.3ChangeDirectives the to agreement §6.3.1A ChangeDirective is a
written order signedby the Owner directinga change in Work prior on
adjustment,if any, in the ContractSum or, if priorto executionof the
Design-BuildAmendment,the adjustmentin the Design-Builder'scompensation,or
ContractTime.The Ownermay by ChangeDirective, withoutinvalidatingthe
Contract,orderchangesin the Workwithinthe generalscopeofthe Contractconsistingof
additions,deletionsor other revisions, the Contract Sum or, if prior to
execution of the Design-Build Amendment, the adjustment in the
Design-Builder'scompensation,and Contract Timebeing adjustedaccordingly.
ChangeOrder. §6,3.2A ChangeDirective shall be used in the absenceof total
agreementon the terms of a to the §6.3.3If the Change Directive provides for an
adjustmentto the Contract Sum or, if prior execution of Design-BuildAmendment,an
adjustmentin the Design-Builder'scompensation,the adjustmentshallbe based on one
of the followingmethods: .1 Mutual acceptanceof a lump sum properlyitemizedand
supportedby sufficient substantiatingdatato permit evaluation; .2 Unit prices
stated in the Design-BuildDocumentsor subsequentlyagreed upon; .3 Cost to be
determined in a manner agreed upon by the parties and a mutually acceptable
fixed