Construction Manager’s Contingency. 13.3.1 The Guaranteed Maximum Price Proposal may include a Construction Manager’s Contingency amount to be used to fund increases in the Direct Construction Cost of the Project identified through the refinement, development and completion of the Construction Documents or procurement of the Work.
Construction Manager’s Contingency. The Guaranteed Maximum Price Proposal may include a Construction Manager’s Contingency amount to be used to fund increases in the Direct Construction Cost of the Project identified through the refinement, development and completion of the Construction Documents or procurement of the Work. Any re-allocation of funds from the Construction Manager’s Contingency to cover increases in the Direct Construction Cost must be approved by the Owner in advance and in writing, such approval not to be unreasonably withheld. In written requests to use the Construction Manager’s Contingency, the Construction Manager shall provide detailed documentation of the scope of work affected and the bases for any increases in costs. The Construction Manager’s Contingency is specifically not to be used for Contractor rework, unforeseen conditions, cost increases caused by lack of coordination or communication with the Project Architect or trade Subcontractors, or to correct errors or omissions in the Construction Documents. As the Construction Documents are finalized and the Buyout of the Work progresses the Construction Manager’s Contingency amount shall be reduced by mutual agreement of Owner and Contractor. Any balance in the Construction Manager’s Contingency fund remaining at the end of the Project shall be returned to the Owner as savings.
Construction Manager’s Contingency. Construction Manager’s Contingency, established in the GMP Amendment, may be utilized through Owner approved Construction 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). Use of Construction Manager’s Contingency expressly excludes labor costs, and any legal costs and expenses, including attorneys’ fees and costs, associated with the Project. Construction Manager shall submit to Owner requests for use of the Contingency. No sums may be charged to the Contingency except with prior written approval of Owner. No sums may be charged to the Contingency for costs which arise out of Construction Manager’s gross 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. Construction 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 accrue to the benefit of Owner, and at Final Completion of the Work the GMP shall be reduced by Change Order by the amount of the unspent Contingency. Construction Manager shall reconcile the Contingency monthly.
Construction Manager’s Contingency. 4.2.5.1 The Construction Manager’s Contingency, established in the GMP, may be utilized, with the Owner’s concurrence, for the following reasons:
Construction Manager’s Contingency shall be no greater, as a percentage of the estimated Cost of the Work, than the following at each of the following phases: ten percent (10 %) at Pre-Design ten percent (10 %) at Conceptual Schematic Design eight percent (8 %) at Advanced Schematic Design six percent (6 %) at Design Development five percent (5 %) at (60 %) Construction Documents three percent (3 %) at the time the GMP proposal is submitted two percent (2%) at the time that Construction Manager has bought out Trade Contracts representing ninety percent (90%) of the Cost of Work or more.
Construction Manager’s Contingency. 1. The GMP Proposal may include an amount (the “Construction Manager’s Contingency”) to be used to fund increases in the Direct Construction Costs of the Project identified through the refinement, development and completion of the Construction Documents or procurement of the Work. The Construction Manager’s Contingency shall be negotiated between the Parties and it shall reflect the risk inherent in the state of completion of the Construction Documents at the time the GMP Proposal is submitted.
Construction Manager’s Contingency. The Guaranteed Maximum Price Proposal may include a Construction Manager’s Contingency amount to be used to fund increases in the Direct Construction Cost of the Project identified through the refinement, development and completion of the Construction Documents or procurement of the Work. Any re-allocation of funds from the Construction Manager’s Contingency to cover increases in the Direct Construction Cost must be approved by the Owner in advance and in writing, such approval not to be unreasonably withheld. In written requests to use the Construction Manager’s Contingency, the Construction Manager shall provide detailed documentation of the scope of work affected and the bases for any increases in costs. The Construction Manager’s Contingency is specifically not to be used for Contractor rework, unforeseen conditions, cost increases caused by lack of coordination or communication with the Project Architect or trade Subcontractors, or to correct errors or omissions in the Construction Documents. As the Construction Documents are finalized and the Buyout of the Work progresses the Construction Manager’s Contingency amount shall be reduced by mutual agreement of Owner and Contractor. Any balance in the Construction Manager’s Contingency fund remaining at the end of the Project shall be returned to the Owner as savings. The Construction Manager’s Contingency shall be limited to a maximum of 3% of the Construction Cost Limitation or other value as agreed to by the Owner. When Design Assist Subcontractor services are implemented on and participate in both Pre-Construction and Construction Phase Services and their combined cumulative value of the work is equal to or greater than 50% of the Construction Cost Limitation indicated the in the Construction Manager’s Guaranteed Maximum Price. the Construction Manager’s Contingency shall then be limited to a maximum of 2% of the Construction Cost Limitation or other value as agreed to by the Owner.
Construction Manager’s Contingency. 4.2.5.1 The Construction Manager’s Contingency, established in the GMP, may be utilized, with the Owner’s concurrence, for the following reasons: Errors and omissions in the Construction Manager’s bidding and scoping processes; reasonable schedule recovery; means, methods, and materials reasonably inferred from the Construction Documents; subcontractor non-performance or default; Work not included in the Construction Documents which is necessary to cause the Project to conform to applicable building codes but was not identified as missing during the review of Construction Documents (through no fault of the Construction Manager), but expressly excluding any legal costs and expenses, including, without limitation, attorneys fees and costs, associated with the Project; other costs incurred by the Construction Manager that are not Cost of the Work, General Conditions Cost or Construction Manager Staffing Costs, but expressly excluding any legal costs and expenses, including, without limitation, attorneys fees and costs, associated with the Project; and costs and expenses incurred by the Construction Manager, not included in the General Conditions Cost, for provision of management services necessary to complete the Project in an expeditious and economical manner consistent with this Agreement and the best interests of Owner, but expressly excluding any legal costs and expenses, including, without limitation, attorneys fees and costs, associated with the Project.
Construction Manager’s Contingency. The estimated Cost of Work shall include the Construction Manager’s Contingency, an amount mutually agreeable between the Construction Manager and Owner, to cover costs arising under Subparagraph 3.2.2, and other costs which are properly reimbursable as Costs of Work, but not the basis for a Change Order. The Construction Manager’s Contingency is for the exclusive use of the Construction Manager while executing the construction Work to address unexpected circumstances (but not material escalation), force majeure impacts, and to correct unanticipated circumstances which are not otherwise reimbursable and do not constitute a change in the Work, as defined in this Agreement. The Construction Manager’s Contingency shall only be adjusted by a written Change Order; and it shall be clearly noted on the Change Order that costs are allocated against the Construction Manager’s Contingency. The Construction Manager shall maintain a Contingency tracking log updated each time Construction Manager’s contingency funds are used.
Construction Manager’s Contingency. The GMP Proposal may include a Construction Manager’s Contingency amount as allowed under Cost of the Work.
