Common use of Failure to Furnish an Acceptable GMP Clause in Contracts

Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to the Department, or if the Department determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to the Department, the Department may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Pre-construction Costs under the Contract, payable to the date of termination, together with amounts payable for Work completed and accepted by the Department under an Early Work Amendment, if an Early Work Amendment has been executed, plus any applicable costs of bonds and insurance. Termination under this provision shall proceed under Article 13.1 as a termination for the Department’s convenience. The CM/GC further agrees that the Department shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision. The Department may elect to complete the construction Work for this Project utilizing any alternative procurement method available.