Common use of Design Professionals Clause in Contracts

Design Professionals. 5.1 This Article 5 is applicable when the Services include providing Construction Documents. 5.2 If the final estimated construction cost prepared by the Contractor prior to bid opening, or the lowest and best bid(s) received exceeds the actual amount applied toward the construction of the Project, excluding all contingencies, fees, and administrative costs (Construction Cost Limitation) of the Owner's estimate of the total Project cost from inception to turn-over to the ultimate user, by more than ten percent (10%), the Owner may, at its discretion: 5.2.1 direct the Professional to make changes at no additional expense to the Owner in the Construction Documents to permit re-bidding of the Project within the shortest, reasonable time; or, 5.2.2 direct the Professional to revise the scope or quality, or both, of the Project, so as to reduce the Project construction cost at no additional expense to the Owner; if so directed by the Owner, modify the Construction Documents, as directed, in order to reduce the estimated project construction cost to be within the adjusted construction cost portion of the Project Budget; or, 5.2.3 direct the Professional to assist the Construction Manager in negotiating with lowest and best bidder(s). 5.3 When authorized by the Owner in writing, revising previously approved drawings, specifications, or other documents to accommodate changes shall be paid for by the Owner as additional work, provided, however, that no compensation for extra services shall be paid for the following: 5.3.1 revisions directed by the Owner pursuant to paragraphs 5.2; 5.3.2 corrections of design errors or omissions; and 5.3.3 changes initiated by the Professional without Owner’s written approval.

Design Professionals. 5.1 This Article section 5 is applicable when the Services include providing Construction Documents. 5.2 If the final estimated construction cost prepared by the Contractor prior to bid opening, or the lowest and best bid(s) received exceeds the actual amount applied toward the construction of the Project, excluding all contingencies, fees, and administrative costs (Construction Cost Limitation) of the Owner's estimate of the total Project cost from inception to turn-over to the ultimate user, by more than ten percent (10%), the Owner may, at its discretion: 5.2.1 direct the Professional to make changes at no additional expense to the Owner in the Construction Documents to permit re-bidding of the Project within the shortest, reasonable time; or, 5.2.2 direct the Professional to revise the scope or quality, or both, of the Project, so as to reduce the Project construction cost cost; in which case the Professional shall at no additional expense to the Owner; his expense, if so directed by the Owner, modify the Construction Documents, as directed, in order to reduce the estimated project construction cost to be within the adjusted construction cost portion of the Project Budget; or, 5.2.3 direct the Professional to assist the Construction Manager in negotiating with lowest and best bidder(s). 5.3 When authorized by the Owner in writing, revising previously approved drawings, specifications, or other documents to accommodate changes shall be paid for by the Owner as additional work, provided, however, that no compensation for extra services shall be paid for the following: 5.3.1 revisions directed by the Owner pursuant to paragraphs 5.2; 5.3.2 corrections of design errors or omissions; and 5.3.3 changes initiated by the Professional without Owner’s written approval.