Section 3-125-10 - Variations in estimated quantities for construction contracts The following paragraphs, or similar statements expressing the intent of these paragraphs, shall be included only in those construction contracts which contain estimated quantity items:
(1) "Variations requiring adjustments. Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of such pay item varies more than fifteen per cent above or below the estimated quantity stated in this contract, an adjustment in the contract price shall be made upon demand of either party. The adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred fifteen per cent or below eighty-five per cent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the procurement officer shall, upon receipt of a timely written request for an extension of time, prior to final payment of the contract, ascertain the facts and make such adjustment for extending the completion date as in the judgment of the procurement officer the findings justify."(2) "Adjustment of price. Any adjustment in contract price shall be determined in accordance with the price adjustment provisions of this chapter."[Eff 12/15/95; am and comp NOV 17 1997] (Auth: HRS §§ 103D-202, 103D-501) (Imp: HRS § 103D-501)