Under a construction contract, a change order that increases the contract amount may not be made without prior written certification that the change order is within the determined project or contract budget by:
Terms Used In Utah Code 63G-6a-1207
Change order: means a written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual agreement of the parties to the contract. See Utah Code 63G-6a-103
Contract: A legal written agreement that becomes binding when signed.
Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103
Responsible: means being capable, in all respects, of:
(a)
meeting all the requirements of a solicitation; and
(b)
fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103
(a)
the fiscal officer of the entity responsible for funding the project or contract; or
(b)
the official responsible for monitoring and reporting upon the status of the costs of the total project or contract budget.
(2)
If a change order will result in an increase in the total project or contract budget, the change order may not be made, unless:
(a)
sufficient funds are added to the project contract or budget; or
(b)
the scope of the project or contract is adjusted to permit the degree of completion feasible within the total project or contract budget as it existed before the change order under consideration.
(3)
Notwithstanding any other provision of this section, it shall be presumed that this section has been complied with if the contractor reasonably relies on an executed change order.
Renumbered and Amended by Chapter 347, 2012 General Session
