Subcontractors

the ENGINEER and the other party to the Contract inaccordance with the provisions of paragraph 10.05.will each be paid a fee of five percent of the amount paid tothe next lower tier Subcontractor;B. The value of any Work covered by a Change d. no fee shall be payable on the basis of costs itemizedOrder or of any Claim for an adjustment in the Contract under paragraphs I 1.01.A.4, 11.01.A.5, and 11.01.B;Price will be determined as- fullwsin the following order ofprecedence: e. the amount of credit to be allowed by CONTRACTORto OWNER for any change which results in a net decrease1. where the Work involved is covered by unit prices in cost will be the amount of the actual net decrease in costcontained in the Contract Documents, by application of plus a deduction in CONTRACTOR's fee by anr amountsuch unit prices to the quantities of the items involved equal to five percent of such net decrease; and(subject to the provisions of paragraph 11.03 ); orf when both additions and credits are involved in any one2. where the Work involved is not covered by unit prices change, the adjustment in CONTRACTOR's fee shall becontained in the Contract Documents or new unit price computed on the basis of the net change in accordance withitems not necessarily derived in accordance with paragraph paragraphs 12.0l.C.2.a through 12.0l .C.2.e, inclusive.11.01, a lump sun value fixed by the OWNER &-Wi--amutudally agreed lump sum (which may include an 12.02 Change of Contract Timesallowance for overhead and profit not necessarily inaccordance with paragraph 12.0l.C.2); or A. The Contract Times (or Milestones) may only bechanged by a Change Order or by a Written Amendment.3. where the Work involved is not covered by unit prices Any Claim for an adjustment in the Contract Times (orcontained in the Contract Documents and when selected by Milestones) shall be based on written notice submitted bythe OW NER ......n..t t a lum..p Sum is rAt ra.hed under the party making the claim to the ENGINEER and the otherparagraph 12.01 .B.2, on the basis of the Cost of the Work party to the Contract in accordance with the provisions of(determined as provided in paragraph 11.01) plus a paragraph 10.05.CONTRACTOR's fee for overhead and profit (determinedas provided in paragraph 12.01,C). B. Any adjustment of the Contract Times (orMilestones) covered by a Change Order or of any Claim forC. CONTRACTOR's Fee: The CONTRACTOR's an adjustment in the Contract Times (or Milestones) will befee for overhead and profit shall be determined as follows: determined in accordance with the provisions of thisArticle 12.1. a mutually acceptable fixed fee; or2. if a fixed fee is not agreed upon, then a fee based on the12.03 Delays Beyond CONTRACTOR's Controlfollowing percentages of the various portions of the Cost of A. Where CONTRACTOR is prevented fromthe Work: except the maximum total allowable cost to completing any part of the Work within the Contract TimesOWNER shall be the Cost of the Work plus a maximum (or Milestones) due to delay beyond the control ofcollective aruegate fee for the CONTRACTOR and all CONTRACTOR, the Contract Times (or Milestones) willtiered Subcontractors of 26.8 percent.be extended in an amount equal to the time lost due to suchdelay if a Claim is made therefor as provided in paragrapha. for costs incurred under paragraphs l1.01.A.1 and 12.02.A. Delays beyond the control of CONTRACTORI1.Ol.A.2, the CONTRACTOR's fee shall be 15 percent;shall include, but not be limited to, acts or neglect byOWNER, acts or neglect of utility owners or otherb. for costs incurred under paragraph 11.01.A.3, the contractors performing other work as contemplated byCONTRACTOR's fee shall be five percent; Article 7, fires, floods, epidemics, abnormal weatherconditions, freight embargo, acts of war (declared or notc. where one or more tiers of subcontracts are on the basis declared). acts of terrorism, or acts of God.of Cost of the Work plus a fee and no fixed fee is agreedupon, the intent of paragraph 12.01.C.2.a is that the Subcon- 12.04 Delays Within CONTRACTOR's Controltractor who actually performs the Work, at whatever tier,will be paid a fee of 15 percent of the costs incurred by suchA. The Contract Times (or Milestones) will not beSubcontractor under paragraphs 11.01.A. l and 11.01.A.2 extended due to delays within the control ofand that any higher tier Subcontractor and CONTRACTOR CONTRACTOR. Delays attributable to and within theEJCDC No. 1910-8 (1996 Edition) 007200-37w/ JJG Modifications (Rev03/06/08)