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<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
<br />“AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 15:11:22 ET
<br />on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
<br />with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (1769632854)
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<br />oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this
<br />Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15.
<br />§ 2.2 Relationship of the Parties
<br />The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants
<br />with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering
<br />the interests of the Owner to furnish efficient construction administration, management services, and supervision; to
<br />furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and
<br />economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner,
<br />information required by the Construction Manager and to make payments to the Construction Manager in accordance with
<br />the requirements of the Contract Documents.
<br />§ 2.3 General Conditions
<br />§ 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for
<br />Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 2.2.4, Confidential
<br />Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; and Section 13.1, Governing
<br />Law, as those sections have been modified by the parties. The term "Contractor" as used in A201–2017 shall mean the
<br />Construction Manager.
<br />§ 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which
<br />document is incorporated herein by reference. The term "Contractor" as used in A201–2017 shall mean the Construction
<br />Manager.
<br />ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES
<br />The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the
<br />applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase
<br />responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, for the Construction Phase
<br />to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The
<br />Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect
<br />to the Project.
<br />§ 3.1 Preconstruction Phase
<br />§ 3.1.1 Extent of Responsibility
<br />The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner shall be
<br />entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information
<br />furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates
<br />and schedules except where such guaranty is expressly provided for as part of the Guaranteed Maximum Price. The
<br />Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable
<br />laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction
<br />Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the
<br />Construction Manager as a request for information in such form as the Architect may require.
<br />§ 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and
<br />construction budget requirements, each in terms of the other.
<br />§ 3.1.3 Consultation
<br />§ 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such
<br />matters as procedures, progress, coordination, and scheduling of the Work.
<br />§ 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements,
<br />selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations
<br />to the Owner, consistent with the Project requirements, on constructability; availability of materials and labor; time
<br />requirements for procurement, installation and construction; prefabrication; and factors related to construction cost
<br />including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible
<br />cost reductions. The Construction Manager shall consult with the Owner regarding professional services to be provided
<br />by the Construction Manager during the Construction Phase.
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