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§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Surn, the adjustment shall be <br />based on one of the following methods: <br />.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to <br />permit evaluation; <br />.2 unit prices stated in the Contract Documents or subsequently agreed upon; <br />.3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or <br />percentage fee; or <br />.4 as provided in Section 7.3.6. <br />§ 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in <br />the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, <br />provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or <br />Contract Time. <br />§ 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor <br />therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such <br />agreement shall be effective immediately and shall be recorded as a Change Order. <br />§ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, <br />the :method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and <br />savings of those performing the Work attributable to the change, including, in case of an increase in the Contract <br />Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3.3, the Contractor <br />shall keep and present, in such form as the Architect may prescribe, :an itemized accounting together with <br />appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this <br />Section 7.3.6 shall be limited to the following: <br />.1 costs of labor, including social security, old age and unemployment insurance, fringe benefits <br />required by agreement or custom, and workers' compensation insurance; <br />.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or <br />consumed; <br />.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor <br />or others; <br />costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to <br />the Work; and <br />additional costs of supervision and field office personnel directly attributable to the change. <br />§ 7.3.7 The amountof credit to be allowed by the .Contractor to the Owner for a deletion or change which results in a <br />net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and <br />credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall <br />be figured on the basis of net increase, if any, with respect to that change. <br />§ 7.3.8 Pending fmaI determination of the total cost of a Construction Change Directive to the Owner, amounts not in <br />dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change <br />Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in <br />dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those <br />costs. That determination of cost.shall adjust the Contract Sum on .the same basis as a Change Order, subject to the <br />right of either party to disagree and assert a claim in accordance with Article 4. <br />§ 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the <br />adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such <br />agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate <br />Change Order. <br />§ 7.4 MINOR CHANGES IN THE WORK <br />§ 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the <br />Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. <br />Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor <br />shall carry out such written orders promptly. <br />tne1. AIA Document A201 TM —1997. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American <br />Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 <br />reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the <br />/ maximum extent possible under the law. This document was produced by AIA software at 14,.41:00 on 12/10/2008 under Order No.1000375455_1 which <br />expires on 10/20/2009, and is not for resale. <br />User Notes: (3925236195) <br />