Construction Manager-at-risk’s Contingency Clause Samples

Construction Manager-at-risk’s Contingency. An amount included in the Guaranteed Maximum Price for increases approved at the sole discretion of ASU in the Cost of the Work for costs incurred by the Construction Manager-at-risk for changes in the market place and for unforeseen causes or details not anticipated by the Construction Manager-at-risk at the time of the execution of the amendment approving the Guaranteed Maximum Price and for which the Construction Manager- at-risk is not entitled to an increase in the Guaranteed Maximum Price under the Contract Documents. The Construction Manager-at-risk may use the Construction Manager-at-risk’s Contingency only with the prior written approval of ASU, who retains final discretionary authority for approval of use of the Construction Manager-at-risk’s Contingency. The Construction Manager- at-risk shall report to ASU the status of the Construction Manager-at-risk’s Contingency with each Application for Payment. ASU will not increase the Construction Phase fee for any funds approved by ASU and expended from the Construction Manager-at-risk’s Contingency.