N.Y. Comp. Codes R. & Regs. tit. 10 § 710.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 710.8 - Requirements during construction

(a) The applicant shall request and must obtain the prior approval of the commissioner for any changes proposed during construction relating to the description of the program scope or functional space concept of the project, total project costs, total basic costs of construction, increased interest rates relating to the financing of any aspect of the project, or major items of equipment as approved. The commissioner shall respond in writing within 30 days of the receipt of such a request, unless the change constitutes an amendment to the application, in which event the provisions of section 710.5 of this Part shall apply.

(b) The applicant may authorize change orders to the construction contract which contribute to the necessary coordination and orderly completion of the project without the need for prior approval of the commissioner if such change orders can be funded within the approved construction contingency and the changes do not relate to changes in the program scope or functional space concept of the project. Any change order relating to changes in program scope or functional space concept must be submitted for prior approval. If the total value of change orders exceeds the budgeted construction contingency, which may constitute an amendment pursuant to the provisions of section 710.5 of this Part, then all change orders, including those previously authorized by the applicant, will be reviewed by the commissioner as to acceptability for reimbursement. In such event, only those change orders that have been given prior approval under subdivision (a) of this section, those change orders which are deemed necessary by the commissioner for prudent coordination and continuation of the project, and those change orders which are related to unforeseen conditions or which can demonstrate positive financial impact on the project may be considered reimbursable. The costs associated with change orders, in excess of those effectuated under the approved design and/or construction contingency, made by the applicant, its architects, contractors or agents, will be eligible for reimbursement pursuant to the provisions of Part 86 of this Title only to the extent that the applicant has not been able to recover such costs from a responsible party, if any, insurance carrier or bonding agency.

(c) For projects exceeding $15 million in total basic cost of construction, an updated functional stack diagram which includes square footages, type of construction and estimated cost of construction and equipment for each functional area displayed and, where appropriate, the relative cost of each area as well as the total construction cost for each discrete physical structure involved, and indicating the percentage of completion for each functional area, shall be submitted every six months during construction in accordance with section 710.2(b)(10)(i)(b) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 710.8