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<br />ARTICLE 5 CONSTRUCTION COST
<br />§ 5.1 DEFINITION
<br />§ 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to
<br />the Owner of all elements of the Project designed or specified by the Architect,
<br />Owner and equipmet
<br />management or supei
<br />plus a reasonable all(
<br />included for market
<br />§ S. 1 .3 Construction
<br />the land, rights-of-wi
<br />limit. Fixed, limits, ii
<br />of the Contract for C
<br />§ 5.2.3 If the Biddinj
<br />Construction Doctin
<br />reflect changes in th,
<br />modify the docume
<br />fixed limit, if establ
<br />Owner shall be the
<br />compensation in aci
<br />Dn Cost shall include the cost at current market rates of labor and materials furnished by the
<br />designed, specified, selected or specially provided for by the Are tect, including the costs of
<br />tision of construction or installation provided by a separate construction manager or contractor,
<br />mance for their overhead and profit, In addition, a reasonable allowance for contingencies shall be
<br />)nditions at the time of bidding and for changes. in the Work.
<br />ost does not include the compensation, of the Architect and the Architect's consultants, the costs of
<br />and financing or other costs that are the, responsibility of the Owner as provided in Article 4.
<br />FOR CONSTRUCTION COST
<br />the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates
<br />if any, prepared by the Architect, represent the Architect's judgment as a design professional
<br />ruction industry. It is recognized, however, that neither the Architect nor the Owner has control
<br />materials or equipment, over the Contractot's methods of determining bid prices, or over
<br />aarket or negotiating conditions. Accordingly, the Architect cannot and does not warrant or
<br />tegotiated prices will not vary from the Owner's Project budget or from any estimate of
<br />valuation prepared or agreed to by the Architect.
<br />if Construction Cost shall be established as a condition of this Agreement by the fumishin
<br />ent of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the
<br />affixed limit has been established, the Architect shall be permitted to include contingenc I ies for
<br />ice escalation,, to determine what materials, equipment, component systems and types of
<br />Included in the Contract Documents, to make reasonable adjustments in the scope of the Project
<br />ontract Documents alternate bids as may be necessary to adjust the. Construction Cost to the fixed
<br />ny, shall be increased in the amount of an increase in theContract Sum occurring after execution
<br />,r Negotiation Phase has not commenced within 90 days after the Architect submits the
<br />its to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to
<br />,eneral level of prices in the construction industry.
<br />)f Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide
<br />)sal, the Owner shall:
<br />Itten approval of an increase in such fixed limit;
<br />:e rebidding or renegotiating of the Project within a reasonable time;
<br />'n accordance wi Section 8.5; or
<br />in revising the Project scope and quality as required to reduce the Construction Cost.
<br />ges to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall
<br />- which the Architect is responsiblounder this Agreement as necessary to comply with the
<br />as a condition of this Agreement. The modification of such documents without cost to the
<br />)f the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to
<br />ice with this Agreement for all services performed whether or not the Construction Phase is
<br />ARTICLE 6 USE OF ARCHITEcrs INSTRUMENTS OF SERVICE
<br />§ 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and
<br />the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the
<br />Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall
<br />retain all common law, statutory and other reserved rights, including copyrights.
<br />AIA Document 81517M — 1997. Copyright Q 1974,1978,1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
<br />AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,
<br />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. 8
<br />Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail
<br />The American Institute of Architects' legal counsel, copyrightgaia.org.
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