Common use of Construction Manager’s Contingency Clause in Contracts

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. The parties agree that the Construction Manager’s Contingency shall be as set forth in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Construction Manager may draw down the Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting of Construction Manager’s Contingency dr down. The Owner may, at any time, require the Construction Manager to obtain the Owner’s advance written approval to draw down Construction Manager’s Contingency. The Construction Manager’s Contingency shall not be allocated to any particular item of the Cost of the Work and is established for increases in cost of the Work incurred by the Construction Manager for unforeseen causes or details not anticipated by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, established except as otherwise provided in this Agreement, is the GMP Amendment, may be utilized through Owner approved maximum sum available to the Construction Contingency Justification Form, solely for work Manager to cover Cost of the Work not included in the Construction Documents Guaranteed Maximum Price which is necessary to cause incurred by the Project to conform to applicable building codes Construction Manager as a result of such unforeseeable causes or to address unforeseen conditions details, and it is further understood that were not identified as missing during cost overruns in excess of the review amount of Construction Documents (through no fault of Construction Manager). Use of the Construction Manager’s Contingency expressly excludes labor costs, and any legal or other costs and expenses, including attorneys’ fees and costs, associated with the Project. Construction Manager shall submit to Owner requests for use not reimbursable as Cost of the ContingencyWork will be borne by the Construction Manager. No sums may It is understood by the Parties that this contingency is not to be charged allocated to costs due to errors and omissions in the Contingency except with prior written approval of Owner. No sums may be charged Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Contingency for costs Architect’s work product on which arise out of the 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 monthlyGuaranteed Maximum Price was based.

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Construction Manager may draw down the Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting of Construction Manager’s Contingency d down. The Owner may, at any time, require the Construction Manager to obtain the Owner’s advance written approval to draw down Construction Manager’s Contingency. The Construction Manager’s Contingency shall not be allocated to any particular item of the Cost of the Work and is established for increases in cost of the Work incurred by the Construction Manager for unforeseen causes or details not anticipated by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, established except as otherwise provided in this Agreement, is the GMP Amendment, may be utilized through Owner approved maximum sum available to the Construction Contingency Justification Form, solely for work Manager to cover Cost of the Work not included in the Construction Documents Guaranteed Maximum Price which is necessary to cause incurred by the Project to conform to applicable building codes Construction Manager as a result of such unforeseeable causes or to address unforeseen conditions details, and it is further understood that were not identified as missing during cost overruns in excess of the review amount of Construction Documents (through no fault of Construction Manager). Use of the Construction Manager’s Contingency expressly excludes labor costs, and any legal or other costs and expenses, including attorneys’ fees and costs, associated with the Project. Construction Manager shall submit to Owner requests for use not reimbursable as Cost of the ContingencyWork will be borne by the Construction Manager. No sums may It is understood by the Parties that this contingency is not to be charged allocated to costs due to errors and omissions in the Contingency except with prior written approval of Owner. No sums may be charged Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Contingency for costs Architect’s work product on which arise out of the 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 monthlyGuaranteed Maximum Price was based.

Construction Manager’s Contingency. The parties agree that the Construction Manager’s Contingency shall be as set forth in the GMP Amendment and shall reflect the risk arising from the relative completeness of the design documents at the time the GMP is established. The Construction Manager may draw down the Construction Manager’s Contingency without Owner’s approval, up to $ per month, and must provide the Owner with a weekly accounting of Construction Manager’s Contingency draw down. The Owner may, at any time, require the Construction Manager to obtain the Owner’s advance written approval to draw down Construction Manager’s Contingency. The Construction Manager’s Contingency shall not be allocated to any particular item of the Cost of the Work and is established for increases in cost of the Work incurred by the Construction Manager for unforeseen causes or details not anticipated by the Construction Manager at the time of the execution of this Agreement and is not intended for changes in the scope of the Work or for reimbursement of expenses and costs not otherwise recoverable as Cost of the Work under Article 6 of this Agreement. It is understood that the amount of any such Construction Manager’s Contingency, established except as otherwise provided in this Agreement, is the GMP Amendment, may be utilized through Owner approved maximum sum available to the Construction Contingency Justification Form, solely for work Manager to cover Cost of the Work not included in the Construction Documents Guaranteed Maximum Price which is necessary to cause incurred by the Project to conform to applicable building codes Construction Manager as a result of such unforeseeable causes or to address unforeseen conditions details, and it is further understood that were not identified as missing during cost overruns in excess of the review amount of Construction Documents (through no fault of Construction Manager). Use of the Construction Manager’s Contingency expressly excludes labor costs, and any legal or other costs and expenses, including attorneys’ fees and costs, associated with the Project. Construction Manager shall submit to Owner requests for use not reimbursable as Cost of the ContingencyWork will be borne by the Construction Manager. No sums may It is understood by the Parties that this contingency is not to be charged allocated to costs due to errors and omissions in the Contingency except with prior written approval of Owner. No sums may be charged Contract Documents (CDs) or to remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions contained within the Contingency for costs Architect’s work product on which arise out of the 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 monthlyGuaranteed Maximum Price was based.

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 employees of Construction Manager or any subcontractor or sub-subcontractor working on the Project or with any union representing such Personnelemployees, 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. Construction Manager’s Contingency, established in the GMP Amendmentaccepted by Owner, 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 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 Projectproject. 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-sub- subcontractor working on the Project 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.