Common use of Fixed Limit of Construction Cost Clause in Contracts

Fixed Limit of Construction Cost. 4.3.1 Before the Professional begins the Project, the Owner shall provide the Professional with a budget of all funds available for the total Project. The total Project includes the Contract(s) for construction, including information technology, furnishing, and equipping, if applicable, all fees, special Consultants and Contracts, advertising costs, code compliance expenses, a reasonable contingency, and any other expenses necessary to complete the Project and deliver a useful facility to the Using Agency. Where project services as defined in Paragraph 2.1.1 do not include any phase beyond Construction Document Phase, the total Project and budget shall include only the fees based on a percentage of estimated construction cost, special Consultants and Contract, and any other expenses needed to complete the planning of the Project through completion of the last designated planning phase. The Professional agrees that unless the Project, as designed by him covering the complete Scope of the Work, can be actually completed within the budget of funds available, the Owner shall not be obligated to the Professional for any part of the Professional's fee beyond the last Owner-approved phase. 4.3.2 If after bidding, the Project cannot be constructed within the budget of funds available, the Owner may authorize the Professional to do one of the following: .1 The Owner may authorize the Professional to revise the Contract Documents and rebid. .2 The Owner may authorize the Professional to modify the Program, adjust the Project Scope, revise the Contract Documents, and rebid

Fixed Limit of Construction Cost. 4.3.1 Before the Professional begins the Project, the Owner shall provide the Professional with a budget of all funds available for the total Project. The total Project includes the Contract(s) for construction, including information technology, furnishing, and equipping, if applicable, all fees, special Consultants and Contracts, advertising costs, code compliance expenses, a reasonable contingency, and any other expenses necessary to complete the Project and deliver a useful facility to the Using Agency. Where project services as defined in Paragraph 2.1.1 do not include any phase beyond Construction Document Phase, the total Project and budget shall include only the fees based on a percentage of estimated construction cost, special Consultants and Contract, and any other expenses needed to complete the planning of the Project through completion of the last designated planning phase. The Professional agrees that unless the Project, as designed by him covering the complete Scope of the Work, can be actually completed within the budget of funds available, the Owner shall not be obligated to the Professional for any part of the Professional's fee beyond the last Owner-approved phase. 4.3.2 If after bidding, the Project cannot be constructed within the budget of funds available, the Owner may authorize the Professional to do one of the following: .1 The Owner may authorize the Professional to revise the Contract Documents contract documents and rebid. .2 The Owner may authorize the Professional to modify the Program, adjust the Project Scope, revise the Contract Documents, and rebid

Fixed Limit of Construction Cost. 4.3.1 Before the Professional begins the Project, the Owner shall provide the Professional with a budget of all funds available for the total Project. The total Project includes the Contract(s) for construction, including information technology, furnishing, and equipping, if applicable, all fees, special Consultants and Contracts, advertising costs, code compliance expenses, a reasonable contingency, and any other expenses necessary to complete the Project and deliver a useful facility to the Using Agency. Where project services as defined in Paragraph 2.1.1 do not include any phase beyond Construction Document Phase, the total Project and budget shall include only the fees based on a percentage of estimated construction cost, special Consultants and Contract, and any other expenses needed to complete the planning of the Project through completion of the last designated planning phase. The Professional agrees that unless the Project, as designed by him covering the complete Scope scope of the Work, can be actually completed conpleted within the budget of funds available, the Owner shall not be obligated to the Professional for any part of the Professional's fee beyond the last Owner-approved phase. 4.3.2 If after bidding, the Project cannot be constructed within the budget of funds available, the Owner may authorize the Professional to do one of the following: .1 The Owner may authorize the Professional to revise the Contract Documents contract documents and rebid. .2 The Owner may authorize the Professional to modify the Program, adjust the Project Scope, revise the Contract Documents, and rebid