Common use of Construction Manager’s Contingency Clause in Contracts

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Construction Manager may draw down the Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting of Construction Manager’s Contingency dr down. The Owner may, at any time, require the Construction Manager to obtain the Owner’s advance written approval to draw down Construction Manager’s Contingency. The Construction Manager’s Contingency shall not be allocated to any particular item of the Cost of the Work and is established for increases in cost of the Work incurred by the Construction Manager for unforeseen causes or details not anticipated by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the Construction Manager to cover Cost of the Work not included in the Guaranteed Maximum Price which is incurred by the Construction Manager as a result of such unforeseeable causes or details, and it is further understood that cost overruns in excess of the amount of the Construction Manager’s Contingency or other costs not reimbursable as Cost of the Work will be borne by the Construction Manager. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect’s work product on which the Construction Manager’s Guaranteed Maximum Price was based.

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth Contingency, established in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Amendment, may be utilized through Owner approved Construction Manager may draw down Contingency Justification Form, solely for work not included in the Construction Documents which is necessary to cause the Project to conform to applicable building codes or to address unforeseen conditions that were not identified as missing during the review of Construction Documents (through no fault of Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting ). Use of Construction Manager’s Contingency dr downexpressly excludes labor costs, and any legal costs and expenses, including attorneys’ fees and costs, associated with the Project. The Owner may, at any time, require the Construction Manager shall submit to obtain Owner requests for use of the Owner’s advance Contingency. No sums may be charged to the Contingency except with prior written approval of Owner. No sums may be charged to draw down the Contingency for costs which arise out of Construction Manager’s Contingencygross negligence, intentional misconduct, a material breach of this Agreement, disputes with Personnel of Construction Manager or any subcontractor or sub-subcontractor working on the Project or with any union representing such Personnel, costs not otherwise subject to inclusion in a cost category of the GMP, or liquidated damages. The Construction Manager’s Manager is not entitled to payment of sums which are otherwise properly chargeable to the Contingency to the extent (a) such sums are reasonably chargeable to a subcontractor or other responsible person or entity, (b) Construction Manager failed to notify Owner or its insurance carrier, if applicable, of the event which results in the claim to the Contingency resulting in coverage disclaimer, or (c) such sums exceed the available Contingency set forth in the GMP. All unspent Contingency shall not be allocated accrue to any particular item the benefit of the Cost Owner, and at Final Completion of the Work and is established for increases in cost of the Work incurred GMP shall be reduced by the Construction Manager for unforeseen causes or details not anticipated Change Order by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the Construction Manager to cover Cost of the Work not included in the Guaranteed Maximum Price which is incurred by the Construction Manager as a result of such unforeseeable causes or details, and it is further understood that cost overruns in excess of the amount of the unspent Contingency. Construction Manager’s Manager shall reconcile the Contingency or other costs not reimbursable as Cost of the Work will be borne by the Construction Manager. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect’s work product on which the Construction Manager’s Guaranteed Maximum Price was basedmonthly.

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth Contingency, established in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Amendment, may be utilized through Owner approved Construction Manager may draw down Contingency Justification Form, solely for work not included in the Construction Documents which is necessary to cause the Project to conform to applicable building codes or to address unforeseen conditions that were not identified as missing during the review of Construction Documents (through no fault of Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting ). Use of Construction Manager’s Contingency dr downexpressly excludes labor costs, and any legal costs and expenses, including attorneys’ fees and costs, associated with the Project. The Owner may, at any time, require the Construction Manager shall submit to obtain Owner requests for use of the Owner’s advance Contingency. No sums may be charged to the Contingency except with prior written approval of Owner. No sums may be charged to draw down the Contingency for costs which arise out of Construction Manager’s Contingencygross negligence, intentional misconduct, a material breach of this Agreement, disputes with employees of Construction Manager or any subcontractor or sub-subcontractor working on the Project or with any union representing such employees, costs not otherwise subject to inclusion in a cost category of the GMP, or liquidated damages. The Construction Manager’s Manager is not entitled to payment of sums which are otherwise properly chargeable to the Contingency to the extent (a) such sums are reasonably chargeable to a subcontractor or other responsible person or entity, (b) Construction Manager failed to notify Owner or its insurance carrier, if applicable, of the event which results in the claim to the Contingency resulting in coverage disclaimer, or (c) such sums exceed the available Contingency set forth in the GMP. All unspent Contingency shall not be allocated accrue to any particular item the benefit of the Cost Owner, and at Final Completion of the Work and is established for increases in cost of the Work incurred GMP shall be reduced by the Construction Manager for unforeseen causes or details not anticipated Change Order by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the Construction Manager to cover Cost of the Work not included in the Guaranteed Maximum Price which is incurred by the Construction Manager as a result of such unforeseeable causes or details, and it is further understood that cost overruns in excess of the amount of the unspent Contingency. Construction Manager’s Manager shall reconcile the Contingency or other costs not reimbursable as Cost of the Work will be borne by the Construction Manager. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect’s work product on which the Construction Manager’s Guaranteed Maximum Price was basedmonthly.

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth Contingency, established in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The accepted by Owner, may be utilized through Owner approved Construction Manager may draw down Contingency Justification Form, solely for work not included in the Construction Documents which is necessary to cause the project to conform to applicable building codes or to address unforeseen conditions that were not identified as missing during the review of Construction Documents (through no fault of Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting ). Use of Construction Manager’s Contingency dr downexpressly excludes labor costs, and any legal costs and expenses, including attorneys’ fees and costs, associated with the project. The Owner may, at any time, require the Construction Manager shall submit to obtain Owner requests for use of the Owner’s advance Contingency. No sums may be charged to the Contingency except with prior written approval of Owner. No sums may be charged to draw down the Contingency for costs which arise out of Construction Manager’s Contingencygross negligence, intentional misconduct, a material breach of this Agreement, disputes with Personnel of Construction Manager or any subcontractor or sub- subcontractor working on the project or with any union representing such Personnel, costs not otherwise subject to inclusion in a cost category of the GMP, or liquidated damages. The Construction Manager’s Manager is not entitled to payment of sums which are otherwise properly chargeable to the Contingency to the extent (a) such sums are reasonably chargeable to a subcontractor or other responsible person or entity, (b) Construction Manager failed to notify Owner or its insurance carrier, if applicable, of the event which results in the claim to the Contingency resulting in coverage disclaimer, or (c) such sums exceed the available Contingency set forth in the GMP. All unspent Contingency shall not be allocated accrue to any particular item the benefit of the Cost Owner, and at Final Completion of the Work and is established for increases in cost of the Work incurred GMP shall be reduced by the Construction Manager for unforeseen causes or details not anticipated Change Order by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the Construction Manager to cover Cost of the Work not included in the Guaranteed Maximum Price which is incurred by the Construction Manager as a result of such unforeseeable causes or details, and it is further understood that cost overruns in excess of the amount of the unspent Contingency. Construction Manager’s Manager shall reconcile the Contingency or other costs not reimbursable as Cost of the Work will be borne by the Construction Manager. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect’s work product on which the Construction Manager’s Guaranteed Maximum Price was basedmonthly.

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Construction Manager may draw down the Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting of Construction Manager’s Contingency dr draw down. The Owner may, at any time, require the Construction Manager to obtain the Owner’s advance written approval to draw down Construction Manager’s Contingency. The Construction Manager’s Contingency shall not be allocated to any particular item of the Cost of the Work and is established for increases in cost of the Work incurred by the Construction Manager for unforeseen causes or details not anticipated by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the Construction Manager to cover Cost of the Work not included in the Guaranteed Maximum Price which is incurred by the Construction Manager as a result of such unforeseeable causes or details, and it is further understood that cost overruns in excess of the amount of the Construction Manager’s Contingency or other costs not reimbursable as Cost of the Work will be borne by the Construction Manager. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect’s work product on which the Construction Manager’s Guaranteed Maximum Price was based.

Construction Manager’s Contingency. The parties agree that the a) Construction Manager’s Contingency shall be as set forth Contingency, established in the GMP Amendment Amendment, may be utilized, when necessary, through an Owner-approved Construction Contingency Justification Form to address items including, but not limited to, scope gaps, cost escalations, unforeseen conditions and shall reflect cost required to bring the risk arising from the relative completeness of the design documents at the time the GMP is establishedProject within budget. The Construction Manager may draw down the Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting Use of Construction Manager’s Contingency dr down. The Owner mayexpressly excludes labor costs and any legal costs and expenses, at any timeincluding attorneys’ fees and costs, require associated with the Project. b) Construction Manager shall submit requests for use of the Contingency to obtain Owner. No sums may be charged to the Owner’s advance Contingency except with prior written approval of Owner. No sums may be charged to draw down the Contingency for costs which arise out of Construction Manager’s Contingencygross negligence, intentional misconduct, a material breach of this Agreement, disputes with Personnel of Construction Manager or any subcontractor or sub- subcontractor working on the project or with any union representing such Personnel, costs not otherwise subject to inclusion in a cost category of the GMP, or liquidated damages. The Construction Manager’s Manager is not entitled to payment of sums which are otherwise properly chargeable to the Contingency to the extent (a) such sums are reasonably chargeable to a subcontractor or other responsible person or entity, (b) Construction Manager failed to notify Owner or its insurance carrier, if applicable, of the event which results in the claim to the Contingency resulting in coverage disclaimer, or (c) such sums exceed the available Contingency set forth in the GMP. All unspent Contingency shall not be allocated accrue to any particular item the benefit of the Cost Owner, and at Final Completion of the Work and is established for increases in cost of the Work incurred GMP shall be reduced by the Construction Manager for unforeseen causes or details not anticipated Change Order by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, except as otherwise provided in this Agreement, is the maximum sum available to the Construction Manager to cover Cost of the Work not included in the Guaranteed Maximum Price which is incurred by the Construction Manager as a result of such unforeseeable causes or details, and it is further understood that cost overruns in excess of the amount of the unspent Contingency. Construction Manager’s Manager shall reconcile the Contingency or other costs not reimbursable as Cost of the Work will be borne by the Construction Manager. It is understood by the Parties that this contingency is not to be allocated to costs due to errors and omissions in the Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Architect’s work product on which the Construction Manager’s Guaranteed Maximum Price was basedmonthly.