Common use of Early Work Clause in Contracts

Early Work. Construction Manager and Owner may enter into one or more Early Work Amendments identifying specific Work that shall be performed prior to the Project’s first GMP Amendment and subject to a not-to-exceed budget and price for the relevant Cost of the Work stated in such Early Work Amendment. Construction Manager shall be paid the Cost of the Work for all executed Early Work plus Construction Manager’s Fee for such Work. All Early Work shall be performed and Owner shall pay for the same in accordance with the terms of the Contract Documents and the terms of the applicable Early Work Amendment. Prior to commencing any Early Work: (i) Design Professional shall have issued Construction Drawings and Specifications for that Early Work; (ii) Governmental Approvals necessary to commence such Early Work shall have been issued; (iii) Construction Manager shall have submitted, for Owner Parties’ review and approval, a Construction Schedule and cost estimate for the Early Work; (iv) Construction Manager shall have selected Subcontractors to perform the Early Work in accordance with Section 6.4; and (v) Owner Parties shall have issued a Notice to Proceed with the Early Work. The Cost of the Work for all Early Work shall be included in the GMP of the applicable GMP Amendment and Construction Manager’s obligation to develop its GMP Amendments shall not be deferred or waived by any Early Work Amendment. Construction Manager’s Bonus, as set forth in Section 7.9.3, shall not apply to any Early Work. [Optional – discussion and negotiation point]

Early Work. Construction Manager and Owner may enter into one or more Early Work Amendments identifying specific Work that shall be performed prior to the Project’s first GMP Amendment and subject to a not-to-exceed budget and price for the relevant Cost of the Work stated in such Early Work Amendment. Construction Manager shall be paid the Cost of the Work for all executed Early Work plus Construction Manager’s Fee for such Work. All Early Work shall be performed and Owner shall pay for the same in accordance with the terms of the Contract Documents and the terms of the applicable Early Work Amendment. Amendment.‌ Prior to commencing any Early Work: (i) Design Professional shall have issued Construction Drawings and Specifications for that Early Work; (ii) Governmental Approvals necessary to commence such Early Work shall have been issued; (iii) Construction Manager shall have submitted, for Owner Parties’ review and approval, a Construction Schedule and cost estimate for the Early Work; (iv) Construction Manager shall have selected Subcontractors to perform the Early Work in accordance with Section 6.4; and (v) Owner Parties shall have issued a Notice to Proceed with the Early Work. The Cost of the Work for all Early Work shall be included in the GMP of the applicable GMP Amendment and Construction Manager’s obligation to develop its GMP Amendments shall not be deferred or waived by any Early Work Amendment. Construction Manager’s Bonus, as set forth in Section 7.9.3, shall not apply to any Early Work. [Optional – discussion and negotiation point].

Early Work. Early Work shall mean Construction Phase Services authorized by Amendment that the parties agree should be performed in advance of establishment of the GMP. Permissible Early Work shall be limited to early procurement of materials and supplies; early release of bid or proposal packages for site development and related activities; and any other advance work related to critical components of the project for which performance prior to establishment of the GMP will materially affect the critical path schedule of the project. An Early Work Amendment shall mean an Amendment to the Agreement for Construction Management/General Contractor Services executed by and between the parties to authorize work under an Early Work Package. The Early Work Price shall mean the sum of the Early Work (lump sum), the applicable Construction Manager fee, and Owner the cost of any applicable bonds and insurance. The parties may enter into execute one or more Early Work Amendments identifying specific Work Construction Phase Services that shall must be performed prior to in advance of establishment of the Project’s first GMP Amendment and subject to GMP, without exceeding a not-to-exceed budget and budget, a maximum not-to-exceed price, or a fixed price for the relevant Cost of the (Early Work Price) to be stated in such Amendment, with such Amendment including all necessary State of Georgia approvals where required. If the Early Work Amendment. Price is a not-to-exceed budget, then Construction Manager shall be paid obligated to perform the Early Work only to the extent that the Cost of Work therefore, together with the Work for all executed Construction Manager fee, does not exceed the Early Work plus Price; however, if Construction ManagerManager performs Early Work with a maximum not-to-exceed price or fixed price, and incurs cost in excess of that maximum not-to-exceed price or fixed price, respectively, the Construction Manager shall complete the Early Work and pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the Construction Manager shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If the Owner and Architect require the implementation of one or more early construction packages (Early Work), the Owner and Construction Manager shall execute a separate contract amendment (Early Work Amendment) setting forth the scope of work and price of each early construction package. Each Early Work Amendment shall state the price for the scope of early work required by the Early Work Amendment, which shall include the cost of the work, the general conditions and construction manager’s Fee for such Workfee. All Early Work shall be performed subject to the trade contractor selection process set forth in this Agreement. In the event that a GMP cannot be successfully negotiated between the Owner and the Construction Manager, trade contractor agreements between the Construction Manager and any trade contractors performing Early Work shall, at the election of the Owner, be assigned to the Owner or to another Construction Manager designated by the Owner, without the assent of the trade contractor. The Owner’s designated replacement Construction Manager and the trade contractor shall pay for the same in accordance with be bound by the terms of the original trade contractor agreement. Upon execution of an Early Work Amendment or GMP Amendment, the Construction Manager shall provide Construction Phase Services as provided in the Contract Documents Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non- professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the terms Work, as required by the Contract Documents, to furnish the Owner a complete, fully functional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the applicable Contract (or, as to an Early Work Amendment. Prior , to commencing any Early Work: (i) Design Professional shall have issued Construction Drawings and Specifications for that Early Work; (ii) Governmental Approvals necessary to commence furnish such Early Work shall have been issued; (iii) Construction Manager shall have submitted, for Owner Parties’ review and approval, a Construction Schedule and cost estimate for the Early Work; (iv) Construction Manager shall have selected Subcontractors to perform as is described in the Early Work in accordance with Section 6.4; and (v) Owner Parties shall have issued a Notice to Proceed with the Early Work. The Cost of the Work for all Early Work shall be included in the GMP of the applicable GMP Amendment and Construction Manager’s obligation to develop its GMP Amendments shall not be deferred or waived by any Early Work Amendment. Construction Manager’s Bonus, as set forth in Section 7.9.3, shall not apply to any Early Work. [Optional – discussion and negotiation point]).