AG 2009 07 20 - Laserfiche WebLink

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Owner who has made the request for change. In those instances in which the Architect determines that the change is an Owner-requested one, then and in such event the Architect shall determine the extent to which, if any, the change reasonably causes an increase in the General Conditions Cost and/or an extension of the Contract completion date. Absent extraordinary circumstances, the Construction Manager at Risk should not expect that any Change Order other than those requested by the Owner will allow for an increase of the General Conditions Costs. E. Retainage of Construction Manager at Risk Fee -Owner shall withhold Ten (10%) percent of the Construction Manager at Risk Fee as retainage to be paid to the CM no later than seven (7) days following the date of the close-out. The parties intend that during the course of construction the retainage may be reduced based upon such factors as CM's timeliness, its performance, its schedule attainment and other such matters, taking into account those risks to be protected through the Owner's retention of retainage. F. Payments to Subcontractors -The Owner shall pay/reimburse the Construction Manager at Risk for payments made to Subcontractors in accordance with the requirements of the subcontracts. Except as provided in the Contract Documents, the Owner shall not pay nor reimburse the CM for any additional costs or expenses incurred in performance of the Subcontractors under the Contract Documents. G. Financial Management -The Construction Manager at Risk shall keep full and detailed accounts and exercise such controls as maybe necessary for proper financial management under the Contract Documents; the accounting and control systems shall be satisfactory to the Owner. The Owner and Owner's accountants shall be afforded access to the Construction Manager at Risk's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the relating to the Project and the Construction Manager at Risk shall preserve these for a period of three (3) years after final payment, or for such longer period as may be required by law. H. Progress Payments -Based upon Applications for Payment submitted to the Architect by the Construction Manager at Risk and certificates for payment issued by the Architect, the Owner shall make progress payments inclusive of applicable sales tax reports on account of the Contract sum to the Construction Manager at Risk as provided in the General Conditions. I. Overlap of Services by Construction Manager at Risk -The division of services in this document between "pre-construction" and "construction" is for convenience only. The parties recognize that there maybe an overlap of services between these two divisions and such overlap shall not affect the obligations for the performance of such services. J. Governance -The Contract Documents shall be governed by the provisions of N.C. Gen. Stat. & 143-128.1. In the event of a conflict between the provisions of this Statute and the Contract Documents, the statute shall govern. . 15 F-4 Attachment number 1 Page 161 of 627