These documents will be used where the Project is required to achieve a Sustainable Objective, as specified by the Owner, and will include key provisions applicable to the Owner-Construction Manager Agreement. This new section requires the Construction Manager to revise and update its recommendations regarding constructability and schedules as the Architect progresses with the preparation of the design documents. Indicate the percent retainage, if any, to be withheld when computing the amount of each progress payment. § 11.1.7 The provisions for the calculation of progress payments have been clarified and simplified to clearly delineate the basis for each progress payment. To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document. § 9.3 In this section, the Owner and Construction Manager may identify an Initial Decision Maker to render initial decisions on claims arising from or relating to the Construction Manager’s Construction Phase services. The organizational revisions include renaming and renumbering several articles, and relocating some sections. § 13.1 Termination Prior to Execution of the Guaranteed Price Amendment. § 14.4 A new provision is included that will allow the parties to describe how notice may be given in electronic format. General changes have been made throughout Article 7 to clarify the meaning of provisions relating to costs to be reimbursed. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. This section adds recommendations regarding equipment, materials, services, and temporary Project facilities to the Construction Manager’s preconstruction services. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act. Because A133 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. A detailed enumeration of all Contract Documents must be made in this article. § 188.8.131.52 Insert the percent to be retained from Work the Construction Manager self-performs. For use and execution of a document, see its instructions ». These revisions are consistent with the format of AIA Document A102-2017. § 184.108.40.206 Indicate the percent retainage, if any, to be withheld when computing the amount of each progress payment. § A.1.1.5 State any assumptions on which the Guaranteed Maximum Price is based. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. AIA Document A133–2009 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133. § 3.1.1 Extent of Responsibility. The AIA encourages you to discuss AIA Document A133–2019 Exhibit B, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction. If the Owner identified a Sustainable Objective in Article 1, this section requires the Owner to fulfill its responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. Information regarding insurers and sureties admitted to write insurance or issue bonds in your jurisdiction can be found by contacting the insurance commissioner in each state. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. This section has been revised to provide that the Construction Phase shall commence either upon the Owner’s execution of the Guaranteed Maximum Price Amendment, or, in the alternative, by written agreement of the parties prior to execution of the Guaranteed Maximum Price Amendment. Cover Page. For more information, see the document footer and the AIA Contract Documents® Terms of Service. The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. Article 10 was section 6.11 in A133-2009. For all document details and a record of changes, see the summary ». These percentages may vary with circumstances and localities. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. Information regarding insurers and sureties admitted to write insurance or issue bonds in your jurisdiction can be found by contacting the insurance commissioner in each state. and the authority under which they are executing the Agreement. Parties to this Agreement should be identified using the full address and legal name under which the Agreement is to be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, closed or professional], etc.). Users are encouraged to consult an attorney before completing or modifying a document. For more information, see the document footer and the AIA Contract Documents. AIA Document A133–2019 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. These percentages may vary with circumstances and localities. They should allow sufficient time for the Construction Manager to prepare an Application for Payment, for the Architect to certify payment, and for the Owner to make payment. The Sustainable Objective is the Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. The CMc documents continue to offer two Owner-CMc Agreement options – one where the basis of payment is Cost of the Work with a Guaranteed Maximum Price (A133-2019) and the other where the basis of payment is Cost of the Work without a Guaranteed Maximum Price (A134-2019). The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. The only value guaranteed by the Construction Manager is the Guaranteed Maximum Price and individual line items on the schedule of values may be exceeded provided the Guaranteed Maximum Price is not exceeded. Though Exhibit B functions as an easier reference to these provisions, it is important to note that additional terms related to insurance are found in Article 11 of AIA Document A201–2017. AIA Document A133–2019 Exhibit B is the insurance and bonds exhibit for AIA Document A133–2019. / AIA Document A133™ – 2009 (formerly A121™CMc – 2003). Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. AIA Document A133–2009 is intended for use on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for construction of the project. This new section requires the Construction Manager to provide a staffing plan for Preconstruction Services for the Owner’s review and approval. This new section has been included to allow for the cost of insurance through a captive insurer owned or controlled by the Construction Manager to be included in the Cost of the Work, with the Owner’ prior approval. This is not a change to the operation of the provision; it clarifies that these costs may only be included in the Cost of the Work if approved by the Owner. § 4.2.2 Insert the number of days within which payment is due after the receipt of the Construction Manager’s invoice by the Owner.
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