Section 3-125-4 - Changes for construction contracts The following paragraph, or similar statement expressing the intent of this paragraph, shall be included in all construction contracts:
"Changes Clause
(1)Change order. The procurement officer, at any time, and without notice to any surety, in a signed writing designated or indicated to he a change order, may make changes in the work within the scope of the contract as may be found to be necessary or desirable. Such changes shall not invalidate the contract or release the sureties, and the contractor will perform the work as changed, as though it had been part of the original contract. Minor changes in the work may be directed by the procurement officer with no change in contract price or time of performance.(2)Adjustments of price or time for performance. If any change order increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment may be made and the contract modified in writing accordingly. (A) Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the price adjustment clause included pursuant to section 3-125-13. Failure of the parties to agree to an adjustment in contract price shall be resolved in accordance with the price adjustment clause included pursuant to section 3-125-13(1)(E);(B) Failure of the parties to agree to an adjustment in time shall not excuse a contractor from proceeding with the contract as changed, provided that the procurement officer, within fourteen days after the changed work commences, makes such provisional adjustments in time as the procurement officer deems reasonable. The right of the contractor to dispute the contract price or time required for performance or both shall not be waived by its performing the work, provided however, that it follows the written notice requirements for disputes and claims established by the contract.
(3)Time period for claim. Within thirty days after receipt of a written change order under paragraph (1) of this clause, unless such period is extended by the procurement officer in writing, the contractor shall file a notice of intent to assert a claim for an adjustment. The requirement for filing a timely written notice cannot be waived and shall be a condition precedent to the assertion of a claim.(4)Claim barred after final payment. No claim by the contractor for an adjustment hereunder shall be allowed if written notice is not given prior to final payment under this contract.(5)Other claims not barred. In the absence of such a change order, nothing in this clause shall restrict the contractor's right to pursue a claim arising under the contract or for breach of contract."[Eff 12/15/95; am and comp 11/17/97; am AUG 24 2009] (Auth: HRS §§ 103D-202, 103D-501) (Imp: HRS § 103D-501)