Sustainable design and construction continues to rapidly evolve as owners are increasingly interested in incorporating sustainable features into projects. AIA Document A133–2009 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133. § 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. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. § 3.3.1.2 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. § 1.1.6 Sustainable Objective. For additional information about other methods of dispute resolution, refer to, The Construction Industry’s Guide to Dispute Avoidance and Resolution. The organizational revisions include renaming and renumbering several articles, and relocating some sections. § 13.1 Termination Prior to Execution of the Guaranteed Price Amendment. The Owner frequently pays the Construction Manager the bulk of the earned sum when payments fall due, retaining a percentage to ensure faithful performance. Article 1 provides fill points for the parties to provide detailed initial information, much of which is particularly important to identify the scope of the Construction Manager’s preconstruction services. This draft was produced by AIA software at 15:43:12 on 09/17/2018 under Order No.1479157719 which expires on 10/16/2018, and is not for resale. Both of these documents have undergone structural revisions to add an Initial Information section and, generally, be more consistent with the design-bid-build Owner-Contractor Agreements. 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 previous section 5.1.5 (A133-2009 Article 5 is A133-2019 Article 6), for identification of unit prices, has been moved to the Guaranteed Maximum Price Amendment. They should also be in accordance with time limits established by this Article and Article 9 of A201. 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. For all document details and a record of changes, see the summary ». § 4.1.6 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. This section was moved from its previous location as section 3.1.8. 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. Identify unit prices and state quantity limitations, if any, to which the unit price will be applicable. The date represents the date the Agreement becomes effective. This new section provides the process for termination if the parties do not agree on a Guaranteed Maximum Price, and how the Construction Manager will be compensated in that situation. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. Throughout. § 4.1.3 Insert the number of months beyond which the Construction Manager’s compensation shall be adjusted. Insert a Guaranteed Maximum Price for the Cost of the Work and the Construction Manager’s Fee. As in the other AIA Contract Documents, the Architect’s full legal or corporate title should be used. Upon the owner’s acceptance of the proposal by execution of the Guaranteed Maximum Price Amendment (Exhibit A), th… § 3.2.8 This section has been revised to recognize that any assumptions agreed-upon by the Owner and Construction Manager in the Guaranteed Maximum Price Amendment may require revisions to the Contract Documents. Other types of dispute resolution include a dispute resolution board or a mini-trial. It incorporates alterations proposed by architects, construction managers, owners and professional consultants. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. AIA Document A133–2009 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133™–2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. 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 section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. 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.