Adjustments in Fee. 9.2.1 Adjustments in fee shall be made as follows: If, after the total Guaranteed Maximum Price is accepted, in writing, by the Principal Representative, the Principal Representative directs additions to or other changes made in the Work, the Construction Manager's fee shall be adjusted as follows:
.1 If the changes in the aggregate increase the total Guaranteed Maximum Price by six percent (6%) or less, there shall be no change made to the fee exclusive of Construction Manager’s actual cost increases for bonds and insurance. Construction Manager to submit fully executed copies of insurance and bonds which reflect the full amount of the contract sum incorporating the changes to the Work along with any request for additional fees to the Principal Representative for approval.
.2 If the changes in the aggregate increase the total Guaranteed Maximum Price by more than six percent (6%), there shall be no change to the fee for the first six percent (6%) and the fee for any and all other changes in the Work in excess of one hundred six percent (106%) of the total Guaranteed Maximum Price shall be calculated at the rate of FOUR percent (4%) (plus appropriate General Condition costs) of the estimated cost of such work and shall be agreed upon between the Construction Manager and the Principal Representative as a fixed fee for the effect of the change (or changes), prior to starting the changed work. The adjustments stated above shall only be deemed valid after the Principal Representative accepts the adjustments in writing and, are the only adjustments to the fee that shall be granted for changes authorized to the GMP. Adjustments to these fees beyond these values shall not be granted. However, General Condition costs directly attributable to time extensions may be charged in accordance with the provisions of paragraphs 6.4.1 through 6.4.5.
9.2.2 The Construction Manager shall also be paid an additional fee at the rate as set forth in paragraph 9.2.1.2 if the Construction Manager is placed in charge of the reconstruction of any insured loss, and the six percent (6%) limitation in paragraph 9.
2.1.1 shall not apply thereto.
9.2.3 If there is a material reduction in the scope of work greater than fifteen percent (15%) of the Fixed Limit of Construction Cost, the Principal Representative reserves the right to negotiate an equitable reduction in the Construction Phase fee and the General Conditions.
Adjustments in Fee. For changes in the project as provided in Article 10, the construction phase fee shall be adjusted as follows for each Activation or Construction Authorization:
1. The Owner retains the right to review the need for any employees assigned by the Construction Manager and any other fees or construction work at any time during the project. Changes in the GMP, schedule or other fees as outlined in Article 10 may result in adjustments to the Construction Phase Fee by the Owner with the Construction Manager.
2. The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused in whole or in part from negligent acts by the Construction Manager or its subcontractors or suppliers of any tier.
3. In the event the scope of work is reduced or after the work is completed, any unused contingency amount is returned to the Owner, the Construction Manager’s Fees will be reduced using the established Construction Manager’s Fee percentage times the amount of the direct work scope reduction and/or the reduction in contingency.
4. Construction Manager’s Exclusive Remedy: In the event the construction Substantial or Final Completion date is extended in accordance with section 10.2, regardless of whether delay is caused by any act or neglect of the Owner or the Architect/Engineer, or is attributable to the Owner or the Architect/Engineer, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date. For Compensable Excusable Delays as outlined in 10.2.1 D the Construction Manager may be entitled to additional payment outlined as follows: the Construction Manager's Additional Construction Phase Fee will be adjusted by dividing the original fee by the number of original contract days multiplied by the number of days delayed, assuming the Construction Manager continues with the contractual obligations of on-site staff.
Adjustments in Fee. For changes in the project as provided herein, the construction phase fee shall be adjusted as follows:
(a) Contractor shall be paid an additional fee subject to negotiation if Contractor is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by Contractor. Should the duration of the construction stipulated herein for Final Completion extend beyond the original duration due to no fault of Contractor, Contractor's Additional Construction Phase Fee will be adjusted by dividing the original fee by the number of original contract days multiplied by the number of days delayed. Contractor will not be due any additional Overhead and Profit on increases in the Guaranteed Maximum Price (GMP) that do not exceed 5%. Should the GMP be increased by more than 5%, due to no fault of Contractor, Contractor's additional Overhead and Profit for the Construction Phase will be five percent of that portion of the accumulative increases in the GMP that exceed the GMP by more than 5%.
Adjustments in Fee. For changes in the Project as provided in Article 10, the construction phase fee shall be adjusted as follows for each Activation or Construction Authorization:
1. The Owner retains the right to review the need for any employees assigned by the Construction Manager and any other fees or construction work at any time during the Project. Changes in the GMP, schedule or other fees as outlined in Article 10 may result in adjustments to the Construction Phase Fee by the Owner with the Construction Manager.
2. In the event the scope of work is reduced or after the Project is completed, any unused contingency amount is returned to the Owner, the Construction Manager’s Fees will be reduced using the established Construction Manager’s Fee percentage times the amount of the direct work scope reduction and/or the reduction in contingency.
3. Construction Manager’s Exclusive Remedy: In the event the construction Substantial or Final Completion date is extended in accordance with section 10.2, regardless of whether delay is caused by any act or neglect of the Owner or the Architect/Engineer, or is attributable to the Owner or the Architect/Engineer, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date. For Compensable Excusable Delays as outlined in 10.2.1 D the Construction Manager may be entitled to a reasonable negotiated amount due to impact.
Adjustments in Fee. For changes in the Project as provided in Article 10, the construction phase fee shall be adjusted as follows:
(a) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager.
(b) Should the duration of the construction stipulated herein for Final Completion extend beyond (Construction Time) months after the Notice-To-Proceed, receipt of final drawings and specifications, or receipt of all necessary permits, whichever is later, due to no fault of the Construction Manager, the Construction Manager's Additional Construction Phase Fee will be $Amount per working day, for each day or portion thereof.
(c) The Construction Manager will not be due any additional Overhead and Profit on increases in the Guaranteed Maximum Price (GMP) that do not exceed (Timeframe). Should the GMP be increased by more than (Timeframe) under the terms of Article 10 hereinafter due to no fault of the Construction Manager, the Construction Manager's additional Overhead and Profit for the Construction Phase will be «Percent» of that portion of the accumulative increases in the GMP that exceed the GMP by more than (Timeframe).
Adjustments in Fee. Adjustments in the Construction Phase Fee shall be made as follows: If, after the total Guaranteed Maximum Price is accepted, in writing, by the Principal Representative, the Principal Representative directs additions to or other changes made in the Work, the Construction Manager’s fee shall be adjusted as follows:
Adjustments in Fee. For changes in a Project as provided in Article 9, the construction phase fee for the Project shall be adjusted as follows: The Construction Manager shall be paid an additional fee subject to negotiation with the Owner if the Construction Manager is placed in charge of reconstruction of an uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager, its employees, agents, subcontractors and others for whom Construction Manager may be responsible. Should the duration of the construction of a Project stipulated herein for final completion of a Project extend beyond the scheduled completion of the Project as set forth in the Project GMP, due to no fault of the Construction Manager or its subcontractors, the Construction Manager's Additional Construction Phase Fee will be negotiated and set forth as an adjustment to in the Project GMP on a per working day basis. The Construction Manager's staff during such time extensions shall be established and set forth in the Project GMP.
