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 shall be determined by the XXXX; however, it is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the XXXX’x methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or 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 Architect. 5.2.2 No fixed limit of construction cost shall be established as a condition of 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 hereto. If such a fixed limit has been established, the 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.

Appears in 2 contracts

Samples: Agreement for Professional Architectural Design Services, Professional Services

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RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 6.1. Evaluations of the Owner’s 's Project budget, preliminary estimates of construction cost and detailed estimates of construction cost shall be determined prepared by the XXXX; Preconstruction Manager represent the Preconstruction Manager's best judgment as a person or entity familiar with the construction industry. It is recognized, however, it is recognized that neither the Architect Preconstruction Manager nor the Owner has control over the cost of labor, materials or equipment, over the XXXX’x contractors' methods of determining bid prices, prices or over competitive bidding, market or negotiating conditions. Accordingly, the Architect Preconstruction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project Budget proposed, established or approved by the Owner’s Project budget , or from any cost estimate of construction cost or evaluation prepared or agreed to by the ArchitectPreconstruction Manager. 5.2.2 6.2. No fixed limit of construction cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, Budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect Preconstruction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make suggest reasonable adjustments in the scope of the Project Project, and to include suggest inclusion of alternate bids in the Contract Construction Documents alternate bids to adjust the construction cost Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an any increase in the contract sum Contract Sums occurring after execution of the contract Contracts for constructionConstruction.

Appears in 1 contract

Samples: Preconstruction Services Agreement

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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 shall be determined by the XXXX; however, it It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the XXXX’x Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cancan not and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s 's Project budget or from any preliminary estimate of Construction Cost or other cost estimate or evaluation. Any Project budget shall be adjusted to reflect changes in the general level of prices in the construction cost industry between the date of submission of the Construction Documents to the Owner and the date on which bids or evaluation prepared or agreed to by the Architectnegotiated proposals are sought. § 5.2.2 No Owner hereby establishes a fixed limit of construction cost shall Construction Cost for the Project to be established as xxxxxxxxxxxxxxxxxx Dollars ($xxxx). It is understood and agreed that this fixed limit is a condition of 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 heretoAgreement. If such a fixed limit has been established, the The Architect shall be is permitted to include reasonable 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 Project; and to include in the Contract Documents alternate bids to adjust the construction cost Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount . .1 give written approval of an increase in the contract sum occurring after execution Project budget or the fixed limit; .2 authorize rebidding or renegotiating the Project within a reasonable time. If this option is selected by Owner, Architect shall not be entitled to additional compensation based on the rebidding or renegotiation of the contract for construction.Project;

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for Housing Services

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