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I 2. there is no corresponding adjustment with a. for costs incurred under Paragraphs I respect any other item of Work; and 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result b. for costs incurred under Paragraph I of having incurred additional expense or Owner 11.01.A.3, the Contractor's fee shall be five believes that Owner is entitled to a decrease in percent; Contract Price and the parties are unable to agree I as to the amount of any such increase or decrease. c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the ARTICLE 12 - CHANGE OF CONTRACT PRICE; intent of Paragraph 12.01.C.2.a is that the I CHANGE OF CONTRACT TIMES Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such I 12.01 Change of Contract Price Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier A. The Contract Price may only be changed Subcontractor and Contractor will each be by a Change Order. Any Claim for an adjustment in paid a fee of five percent of the amount paid I the Contract Price shall be based on written notice to the next lower tier Subcontractor; submitted by the party making the Claim to the Engineer and the other party to the Contract in d. no fee shall be payable on the basis of I accordance with the provisions of Paragraph 10.05. costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; B. The value of any Work covered by a Change Order or of any Claim for an adjustment in e. the amount of credit to be allowed by I the Contract Price will be determined as follows: Contractor to Owner for any change which results in a net decrease in cost will be the 1. where the Work involved is covered by amount of the actual net decrease in cost I unit prices contained in the Contract Documents, by plus a deduction in Contractor's fee by an application of such unit prices to the quantities of the amount equal to five percent of such net items involved (subject to the provisions of decrease; and Paragraph 11.03); or f. when both additions and credits are in- 2. where the Work involved is not covered volved in any one change, the adjustment in by unit prices contained in the Contract Documents, Contractor's fee shall be computed on the I by a mutually agreed lump sum (which may include basis of the net change in accordance with an allowance for overhead and profit not necessarily Paragraphs 12.01.C.2.a through in accordance with Paragraph 12.01.C.2); or 12.01.C.2.e, inclusive. I 3. where the Work involved is not covered 12.02 Change of Contract Times by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under A. The Contract Times may only be changed I Paragraph 12.01.8.2, on the basis of the Cost of the by a Change Order. Any Claim for an adjustment in Work (determined as provided in Paragraph 11.01) the Contract Times shall be based on written notice plus a Contractor's fee for overhead and profit submitted by the party making the Claim to the (determined as provided in Paragraph 12.01.C). Engineer and the other party to the Contract in I accordance with the provisions of Paragraph 10.05. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: B. Any adjustment of the Contract Times I covered by a Change Order or any Claim for an 1. a mutually acceptable fixed fee; or adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 2. if a fixed fee is not agreed upon, then a I fee based on the following percentages of the 12.03 Delays various portions of the Cost of the Work: A. Where Contractor is prevented from ® completing any part of the Work within the Contract iM! Times due to delay beyond the control of Contractor, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-34 04/08 Final Version 05-4893