Common use of Adjustments in Fee Clause in Contracts

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.