Common use of Maximum Cost of General Conditions Clause in Contracts

Maximum Cost of General Conditions. The Construction Manager shall not be entitled to recover more than the amount set forth in the Project Information Section of this Agreement for the Cost of General Conditions (such amount, the “Maximum Cost of General Conditions”). If, as a result of any Change Order(s) or Change Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial Completion Date; and (ii) the Construction Manager can demonstrate to the satisfaction of the Department that such additional Costs of General Conditions are reasonable and not due to any fault of the Construction Manager, its Subcontractors, materialmen, consultants or anyone making claims thereunder, the Construction Manager may request a Change Order to adjust the Maximum Cost of General Conditions. To the extent the Construction Manager incurs Costs of General Conditions in excess of the Maximum Cost of General Conditions, the Construction Manager shall not be entitled to reimbursement for such amounts unless the Department authorizes, in writing, an increase to the Maximum Cost of General Conditions. Nonetheless, in such an event, the Construction Manager exceeds the Maximum Cost of General Conditions, the Construction Manager shall continue to be required to adequately staff the Project. No Adjustments to Fee. It is the Department’s intent to engage the Construction Manager to develop a GMP that meets the programmatic requirements set forth in Exhibit A by the Client Agency, and to allow for Substantial Completion of the Work to be achieved no later than the Substantial Completion Date. With regard to Change Orders issued after the GMP is established, the Construction Manager shall be entitled to an increase in the Construction Management Fee to the extent, and only to the extent, that: (i) the Department has added a new programmatic element to the Project; or (ii) the Department made additions to the GMP scope which (other than punchlist or warranty work) require the Construction Manager’s services at the Project to extend 30 days or more beyond the Substantial Completion Date. Markup on Trade Work. The maximum markup for change order work shall be in accordance with Section 17.11 of Article 17.