Periodic Review. After approval of the GMP Change Order, the Program Manager and the Design-Builder shall review for approval each transfer to and from the Construction Contingency on a periodic basis as requested by the Design-Builder, but not less than quarterly. The Owner shall determine if the transfer is in compliance with the contract, and if so, the Owner shall not unreasonably withhold approval of the transfer. Additionally, the Design-Builder shall periodically review its accrued and anticipated Construction Contingency Costs and shall promptly inform Owner of Design-Builder's determination of the extent to which the remaining Construction Contingency exceeds Design-Builder's reasonably anticipated Construction Contingency Costs expected to be incurred prior to the issuance of a Final Certificate. Design-Builder shall in good faith negotiate with Owner for the release of any surplus of Construction Contingency over such anticipated Construction Contingency Costs so as to permit Owner to enhance the Project. Any such release shall be confirmed by Change Order. Release of Construction Contingency shall occur in a timely basis as to allow adequate decision making time for the Owner.
Appears in 14 contracts
Samples: Design Build Contract, Design Build Contract, Design Build Contract
Periodic Review. After approval of the GMP Change Order, the Program Manager Owner and the Design-Builder CM/GC shall review for approval each transfer to and from the Construction Contingency on a periodic basis as requested by the Design-BuilderCM/GC, but not less than quarterly. The Owner shall determine if the transfer is in compliance with the contract, and if so, the Owner shall not unreasonably withhold approval of the transfer. Additionally, the Design-Builder CM/GC shall periodically review its accrued and anticipated Construction Contingency Costs and shall promptly inform Owner of Design-BuilderCM/GC's determination of the extent to which the remaining Construction Contingency exceeds Design-BuilderCM/GC's reasonably anticipated Construction Contingency Costs expected to be incurred prior to the issuance of a Final Certificate. Design-Builder CM/GC shall in good faith negotiate with Owner for the release of any surplus of Construction Contingency over such anticipated Construction Contingency Costs so as to permit Owner to enhance the Project. Any such release shall be confirmed by Change Order. Release of Construction Contingency shall occur in a timely basis as to allow adequate decision making time for the Owner.
Appears in 13 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Periodic Review. After approval of the GMP Change Order, the Program Manager Owner and the Design-Builder CM/GC shall review for approval each transfer to and from the Construction Contingency on a periodic basis as requested by the Design-BuilderCM/GC, but not less than quarterly. The Owner shall determine if the transfer is in compliance with the contract, and if so, the Owner shall not unreasonably withhold approval of the transfer. Additionally, the Design-Builder CM/GC shall periodically review its accrued and anticipated Construction Contingency Costs and shall promptly inform Owner of Design-BuilderCM/GC's determination of the extent to which the remaining Construction Contingency exceeds Design-BuilderCM/GC's reasonably anticipated Construction Contingency Costs expected to be incurred prior to the issuance of a Final Certificatethe Certificate of Material Completion. Design-Builder CM/GC shall in good faith negotiate with Owner for the release of any surplus of Construction Contingency over such anticipated Construction Contingency Costs so as to permit Owner to enhance the Project. Any such release shall be confirmed by Change Order. Release of Construction Contingency shall occur in a timely basis as to allow adequate decision making time for the Owner.
Appears in 3 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Periodic Review. After approval of the GMP Change Order, the Program Manager Executive Administrator and the Design-Builder shall review for approval each transfer to and from the Construction Contingency on a periodic basis as requested by the Design-Builder, but not less than quarterly. The Owner shall determine if the transfer is in compliance with the contract, and if so, the Owner shall not unreasonably withhold approval of the transfer. Additionally, the Design-Builder shall periodically review its accrued and anticipated Construction Contingency Costs and shall promptly inform Owner of Design-Builder's determination of the extent to which the remaining Construction Contingency exceeds Design-Builder's reasonably anticipated Construction Contingency Costs expected to be incurred prior to the issuance of a Final Certificate. Design-Builder shall in good faith negotiate with Owner for the release of any surplus of Construction Contingency over such anticipated Construction Contingency Costs so as to permit Owner to enhance the Project. Any such release shall be confirmed by Change Order. Release of Construction Contingency shall occur in a timely basis as to allow adequate decision making time for the Owner.
Appears in 1 contract
Samples: Construction Contract
Periodic Review. After approval of the GMP Change Order, the Program Manager Executive Administrator and the Design-Design- Builder shall review for approval each transfer to and from the Construction Contingency on a periodic basis as requested by the Design-Builder, but not less than quarterly. The Owner shall determine if the transfer is in compliance with the contract, and if so, the Owner shall not unreasonably withhold approval of the transfer. Additionally, the Design-Builder shall periodically review its accrued and anticipated Construction Contingency Costs and shall promptly inform Owner of Design-Builder's determination of the extent to which the remaining Construction Contingency exceeds Design-Builder's reasonably anticipated Construction Contingency Costs expected to be incurred prior to the issuance of a Final Certificate. Design-Builder shall in good faith negotiate with Owner for the release of any surplus of Construction Contingency over such anticipated Construction Contingency Costs so as to permit Owner to enhance the Project. Any such release shall be confirmed by Change Order. Release of Construction Contingency shall occur in a timely basis as to allow adequate decision making time for the Owner.
Appears in 1 contract
Samples: Design Build Contract