Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.02 - Changes

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all construction contracts:
				  "Changes
"(1) The procurement officer
				unilaterally may, at any time, without notice to the sureties, if any, by
				written order designated or indicated to be a change order, make any change in
				the work within the general scope of the contract, including but not limited to
				changes:
(a) In the specifications (including
				drawings and designs);
(b) In the
				method or manner of performance of the work;
(c) In the State-furnished facilities,
				equipment, materials, services, or site; or
(d) Directing acceleration in the performance
				of the work.
"(2) Any
				other written order or an oral order, including a direction, instruction,
				interpretation or determination, from the procurement officer that causes any
				such change, shall be treated as a change order under this clause, provided
				that the Contractor gives the procurement officer written notice stating the
				date, circumstances, and source of the order and that the Contractor regards
				the order as a change order.
"(3)
				Except as herein provided, no order, statement, or conduct of the procurement
				officer shall be treated as a change under this clause or entitle the
				Contractor to an equitable adjustment hereunder.
"(4) Subject to paragraph (6), if any change
				under this clause causes an increase or decrease in the Contractor's cost of,
				or the time required for, the performance of any part of the work under this
				contract, whether or not changed by any order, an equitable adjustment shall be
				made and the contract modified in writing accordingly; provided, however, that
				except for claims based on defective specifications, no claim for any change
				under (2) above shall be allowed for any costs incurred more than 20 days
				before the Contractor gives written notice as therein required; and provided
				further, that in the case of defective specifications for which the State is
				responsible, the equitable adjustment shall include any increased cost
				reasonably incurred by the Contractor in attempting to comply with such
				defective specifications.
"(5) If
				the Contractor intends to assert a claim for an equitable adjustment under this
				clause, the Contractor shall, within 30 days after receipt of a written change
				order under paragraph (1) of this clause, or the furnishing of written notice
				under paragraph (2) of this clause, submit to the procurement officer a written
				statement setting forth the general nature and monetary extent of such claim,
				unless this period is extended by the State. The statement of claim hereunder
				may be included in the notice under paragraph (2) of this clause.
"(6) Each contract modification or change
				order that affects contract price shall be subject to the prior written
				approval of the procurement officer and other appropriate authorities and to
				prior certification of the appropriate fiscal authority of fund availability
				and the effect of the modification or change order on the project budget or the
				total construction cost. If, according to the certification of the fiscal
				authority, the contract modification or change order will cause an increase in
				cost that will exceed budgeted and available funds, the modification or change
				order may not be made unless sufficient additional funds are made available or
				the scope of the project is adjusted to permit its completion within the
				project budget.
"(7) No claim by
				the Contractor for an equitable adjustment hereunder shall be allowed if
				asserted after final payment under this contract."