Common use of Adjustments in Fee Clause in Contracts

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 the Construction Manager’s fee for any and all other changes in the Work 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 9.2.1.1 if the Construction Manager is placed in charge of the reconstruction of any insured loss. 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.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Agreement (Cmgc), Construction Manager/General Contractor Agreement

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Adjustments in Fee. 9.2.1 6.2.1 Adjustments in fee 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 Design/Build Entity’s fee shall be adjusted as follows: .1 a) If the changes in the aggregate increase the total Guaranteed Maximum Price the Construction Manager’s fee for any and all other changes in the Work 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 Design/Build Entity and the Principal Representative as a fixed fee for the effect of the change (or changes), prior to starting the changed workWork. 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 6.4.5the General Conditions. 9.2.2 b) The Construction Manager Design/Build Entity’s Architect/Engineer’s fee may be adjusted to accommodate additional design associated with the Principal Representative’s addition to or other changes made in the Work. 6.2.2 The Design/Build Entity shall also be paid an additional fee at the rate as set forth in paragraph 9.2.1.1 6.2.1.b if the Construction Manager Design/Build Entity is placed in charge of the reconstruction of any insured loss. 9.2.3 6.2.3 If there is a material reduction in the scope of work Work greater than fifteen percent (15%) of the Fixed Limit of Design & Construction Cost, the Principal Representative reserves Design/Build Entity’s Fees shall be reduced proportionally after the right to negotiate an equitable reduction in the Construction Phase fee and the General Conditionsfifteen percent (15%).

Appears in 2 contracts

Samples: Design/Build Guaranteed Maximum Price (Gmp) Agreement, Design/Build Guaranteed Maximum Price (Gmp) Agreement

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 9.2.1.1 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.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement

Adjustments in Fee. 9.2.1 6.2.1 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 ManagerDesign/Build Entity '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 Construction Managerfee exclusive of Design/Build Entity ’s actual cost increases for bonds and insurance. Design/Build Entity 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 Design Build Entity 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 6.4.5the Contract General Conditions. 9.2.2 6.2.2 The Construction Manager Design/Build Entity shall also be paid an additional fee at the rate as set forth in paragraph 9.2.1.1 6.2.1.2 if the Construction Manager Design/Build Entity is placed in charge of the reconstruction of any insured loss, and the six percent (6%) limitation in paragraph 6. 9.2.3 2.1.1 shall not apply thereto. 6.2.3 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.

Appears in 1 contract

Samples: Design/Build Guaranteed Maximum Price Agreement

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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 the Construction Manager’s fee for any and all other changes in the Work 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 9.2.1.1 9.2.1.2 if the Construction Manager is placed in charge of the reconstruction of any insured loss. 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.

Appears in 1 contract

Samples: Construction Manager/General Contractor Agreement

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