Common use of RESPONSIBILITY FOR CONSTRUCTION COST Clause in Contracts

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost Cost, if any, prepared by the Design Professional Professional, represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is also recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the ContractorConstruction Manager's methods of determining bid prices, or over competitive bidding bidding, market or market negotiating conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit Construction cost estimating shall be the responsibility of the Construction Manager. The Professional shall furnish drawings and specifications to the Construction Manager as set forth in Article 2 above, on the basis of which the Construction Manager shall prepare detailed estimates of Construction Cost and, at the time identified in Article 2, a proposed Guaranteed Maximum Price. The Professional shall be established also furnish Construction Cost Estimate Reports as a condition of the Agreement set forth in Article 2. The Professional and Construction Manager shall work together to reconcile any material differences in their respective estimates. Drawings and specifications produced by the furnishingProfessional shall, proposal except as otherwise authorized or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed directed by the parties theretoOwner, be consistent with or reasonably inferable from design documents upon which previously reconciled cost estimates are based. If such a fixed limit has been established, the Design The Professional shall be permitted to include contingencies for designstudy and consider cost saving proposals made by the Construction Manager, bidding shall itself initiate such proposals when necessary and price escalationappropriate, to determine what materialsand, equipmentat the Owner’s written request, component systems shall incorporate such proposals into the Drawings and types of construction specifications provided they are to be included in consistent with the Contract Documents, to make reasonable adjustments in the scope design intent of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limitwithin generally accepted standards of professional practice. Fixed limitsSuch study, if any, consideration and incorporation shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Constructiona Basic Service. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost Cost, if any, prepared by the Design Professional Professional, represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is also recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the ContractorBuilder's methods of determining bid prices, or over competitive bidding bidding, market or market negotiating conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit On Projects where Owner is utilizing a Construction Manager, construction cost estimating shall be the responsibility of the Construction Manager. The Professional shall furnish drawings and specifications to the Construction Manager as set forth in Article 2 above, on the basis of which the Construction Manager shall prepare detailed estimates of Construction Cost and, at the time identified in Article 2, a proposed Guaranteed Maximum Price. The Professional shall be established also furnish Construction Cost Estimate Reports as a condition of the Agreement set forth in Article 2. The Professional and Construction Manager shall work together to reconcile any material differences in their respective estimates. Drawings and specifications produced by the furnishingProfessional shall, proposal except as otherwise authorized or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed directed by the parties theretoOwner, be consistent with or reasonably inferable from design documents upon which previously reconciled cost estimates are based. If such a fixed limit has been established, the Design The Professional shall be permitted to include contingencies for designstudy and consider cost saving proposals made by the Construction Manager, bidding shall itself initiate such proposals when necessary and price escalationappropriate, to determine what materialsand, equipmentat the Owner’s written request, component systems shall incorporate such proposals into the Drawings and types of construction specifications provided they are to be included in consistent with the Contract Documents, to make reasonable adjustments in the scope design intent of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limitwithin generally accepted standards of professional practice. Fixed limitsSuch study, if any, consideration and incorporation shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Constructiona Basic Service. 5.2.3 If On Projects where Owner is utilizing a General Contractor, and subject to section 5.2.1 above, construction cost estimating shall be the Procurement Phase has not commenced within 90 days after responsibility of the Design Professional. Drawings and specifications produced by the Professional submits the Construction Documents to shall, except as otherwise authorized or directed by the Owner, any be consistent with or reasonably inferable from design documents upon which previously reconciled cost estimates are based. The Professional shall study and consider cost saving proposals made by Owner, shall itself initiate such proposals when necessary and appropriate, and, at the Owner’s written request, shall incorporate such proposals into the Drawings and specifications provided they are consistent with the design intent of the Project budget or fixed limit and within generally accepted standards of Construction Cost professional practice. Such study, consideration and incorporation shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are soughta Basic Service.

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost Cost, if any, prepared by the Design Professional Architect, represent the Design ProfessionalArchitect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding bidding, market or market negotiating conditions. Accordingly, the Design Professional Architect cannot and does not warrant or represent that bids or cost proposals negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design ProfessionalArchitect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties theretohereto. If such a fixed limit has been established, the Design Professional Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Bidding or Negotiation Phase has not commenced within 90 days after the Design Professional Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: 1. give written approval of an increase in such fixed limit; 2. authorize rebidding or renegotiating of the Project within a reasonable time; 3. if the Project is abandoned, terminate in accordance with Paragraph 8.3; or 4. cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Contract Documents as necessary to comply 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations.

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost Cost, if any, prepared by the Design Professional Architect, represent the Design ProfessionalArchitect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding bidding, market or market negotiating conditions. Accordingly, the Design Professional Architect cannot and does not warrant or represent that bids or cost proposals negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design ProfessionalArchitect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties theretohereto. If such a fixed limit has been established, the Design Professional Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Bidding or Negotiation Phase has not commenced within 90 days after the Design Professional Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time;

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best professional judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the ContractorCon- tractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction construc- tion are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission sub- mission of the Construction Documents to the Owner and the date on which proposals are sought.