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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 />§ 7.6.11 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative personnel
<br />incurred while traveling in discharge of duties connected with the Work.
<br />§ 7.7 Other Costs and Emergencies
<br />§ 7.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval.
<br />§ 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the
<br />safety of persons and property, as provided in Article 10 of AIA Document A201–2017.
<br />§ 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager,
<br />Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or
<br />failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or
<br />correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others.
<br />§ 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any
<br />provision of AIA Document A201–2017 or other Conditions of the Contract which may require the Construction Manager
<br />to pay such costs, unless such costs are excluded by the provisions of Section 7.9.
<br />§ 7.8 Related Party Transactions
<br />§ 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other
<br />entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in
<br />which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten
<br />percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager;
<br />or (4) any person, or any member of the immediate family of any person, who has the right to control the business or
<br />affairs of the Construction Manager.
<br />§ 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party,
<br />the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the
<br />identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost
<br />incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall
<br />be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or
<br />service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the
<br />transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person
<br />or entity other than a related party according to the terms of Article 9.
<br />§ 7.9 Costs Not To Be Reimbursed
<br />§ 7.9.1 The Cost of the Work shall not include the items listed below:
<br />.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction
<br />Manager’s principal office or offices other than the site office, except as specifically provided in Section
<br />7.2, or as may be provided in Article 14;
<br />.2 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7;
<br />.3 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital
<br />employed for the Work;
<br />.4 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a
<br />specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or
<br />anyone directly or indirectly employed by any of them or for whose acts any of them may be liable;
<br />.5 Any cost not specifically and expressly described in Sections 7.1 to 7.7;
<br />.6 Costs, other than costs included in Change Orders approved by the Owner, that would cause the
<br />Guaranteed Maximum Price to be exceeded; and
<br />.7 Costs for services incurred during the Preconstruction Phase, unless previously approved by the Owner.
<br />ARTICLE 8 INTENTIONALLY OMITTED
<br />§ 8.1 Intentionally Omitted
<br />§ 8.2 Intentionally Omitted
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