Ændringer

Udbudstekster, eksempler

Note: Nedenstående eksempel på udbudstekst er udtryk for bygherrens valg på tidspunktet for udbud af den konkrete byggesag. Bygherreforeningen anbefaler, at man fremadrettet bruger det nye danske aftalesystem, dvs. AB18, ABR18, ABT18 mv., som grundlag.

Ændringer, udbudstekster fra case Tønsberg projektet:

11.1 Changes to Target Cost
There will be no changes to the Target Cost or the ICL unless one of the conditions in Sections
(a) through (g) occur. The Target Cost will be adjusted by the estimated increase or decrease in Chargeable Costs caused by one of the conditions set forth in Sections (a) through (g) below:

(a) Client Elected Changes;
(b) Client ‘s Directive if and to the extent this constitutes a Change
(c) Unforeseen and Differing Site Conditions;
(d) Material breach or material delay of Client’s obligations or an event for which the Client has the responsibility.
(e) A change in the Applicable Law or regulations or individual decisions from a Governmental Authority that affects the estimated Chargeable Cost , and provided that such change could not have been reasonably expected o r foreseen by the Designer or Contractor ;
(f) Client ‘s suspension of the Work per Section 18.2 18.2 and
(g) Reconciliation of Allowance items to actual cost

11.2 Changes to Contract Time
The Contract Time will be increased by the number of days the Project’s critical path was lengthened by a Permitted Delay (as listed below), regardless of any concurrent delay caused by any fault, neglect, act, or omission of the Designer, Contractor, or its re spective employees, consultants, subcontractors, or suppliers. The following is a list of Permitted Delays:

(a) Client Elected Changes ;
(b) Client ‘s Directive if and to the extent this constitutes a Change
(c) Unforeseen and Differing Site Conditions;
(d) Material bre ach or material delay of Client’s obligations or an event for which the Client has the responsibility.
(e) A change in the Applicable Law or regulations or individual decisions from a governmental authority that affects the estimated Contract Time, and provide d that such change could not have been reasonably expected or foreseen by the Designer or Contractor;
(f) Client ‘s suspension of the Work per Section 18.2 18.2 and
(g) A Force Majeure event

11.3 Changes to ICL
A permitted change to Target Cost according to Section 11.1 will unless otherwise is decided by IPD P (or PSC) according to Article 4, result in an adjustment to the ICL. The ICL adjustment shall be the product of (a) the ICL Change Order Limitation percentage applicable to a Risk/Reward Team Member whose portion of the Work has changed and (b) the anticipated change in Chargeable Costs of the Risk/Reward Team Member.

11.4 Change Order Procedure
Change Orders will be used to document changes to the Project Objectives and will include approved adjustment to the Target Cost, Contract Time, and ICL. Adjustments to the ICL must be tracked in accordance with the distribution chart set forth in Exhibit G for each approved Change Order. Any Party may request a Change Order to this Agreement if any of the circumstances set out in Section 11.1 to 11.3 above occur by providing the IPD P with a written Change Order Request (“COR”) setting forth the nature of the change, the reason for the change, and the effect, if any, on the Target Cost, Contract Time, or ICL. All CORs must be submitted to the IPD P without undue delay after discovering the condition or circumstances necessitating the change.
The IPD P will without undue delay review the COR and (i) accept the request, (ii) accept the request in part or with modification, (iii) request additional information or perform its own investigation, or (iv) deny the COR. If a COR is accepted by the IPD P, then the IPD P will execute the Change Order. Any disagreements with regard to a COR will be determined according to the decision procedures in Sections 4.1. 9 and 4.3, and if unresolved, are subject to dispute resolution under Article 19.

11.5 Client’s Directive
When Client issues a Client’s Directive, Designer and Contractor must separately track their Chargeable Costs incurred in complying with the Client’s Directive and indicate on the applicable payment application(s) which Chargeable Costs are for a particular Client’s Directive.