Common use of Fixed Limit of Construction Cost Clause in Contracts

Fixed Limit of Construction Cost. In performing its design services, the Design Professional will use its best efforts to design the Project in a manner that has Construction Cost fall within the Fixed Limit of Construction Cost. In doing so, the Design Professional will be permitted to determine, in accordance with the Design Guidelines and the Owner’s program, as defined in the Schedule of Project Details, what materials, non-medical equipment, non-medical component systems and types, and means of construction are to be included in the Contract Documents and, with the Owner’s prior approval, to make reasonable adjustments in the scope of the Project. The Design Professional will, as part of its Basic Services hereunder, include “alternates” to provide a mechanism to adjust Construction Cost so that they remain within the Fixed Limit of Construction Cost; provided, however, that such alternates will not compromise the Owner’s program for the Project.

Fixed Limit of Construction Cost. In performing its design services, the Design Professional will shall use its best efforts to design the Project in a manner that has Construction Cost fall within the Fixed Limit of Construction Cost. In doing so, the Design Professional will shall be permitted to determine, in accordance with the Design Guidelines and the Owner’s program, as defined in the Schedule of Project Details, what materials, non-medical equipment, non-medical component systems and types, and means of construction are to be included in the Contract Documents and, with the Owner’s prior approval, to make reasonable adjustments in the scope of the Project. The Design Professional willshall, as part of its Basic Services hereunder, include “alternates” to provide a mechanism to adjust Construction Cost so that they remain within the Fixed Limit of Construction Cost; provided, however, that such alternates will shall not compromise the Owner’s program for the Project.