§ 5.1.1 Enter the method used for determining the Construction Manager’s Fee (lump sum, percentage of Cost of the Work or other method). A fill-point has been added for the parties to identify the termination fee that the Owner will pay to the Construction Manager in the event of a termination for convenience. 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. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. These percentages may vary with circumstances and localities. The AIA encourages you to discuss AIA Document A133–2019 Exhibit B, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction. Note that AIA Documents E234–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, and any applicable Sustainability Plan may be incorporated as a Contract Document. § 4.1.3 Insert the number of months beyond which the Construction Manager’s compensation shall be adjusted. § 14.4 A new provision is included that will allow the parties to describe how notice may be given in electronic format. § A.1.1.1 Insert a Guaranteed Maximum Price for the Cost of the Work and the Construction Manager’s Fee. The only value guaranteed by the Construction Manager is the Guaranteed Maximum Price and individual line items on the schedule of values may be exceeded provided the Guaranteed Maximum Price is not exceeded. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. Cover Page. Document A133™ – 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. A key change between A133-2019 and A133–2009 is the addition of this initial information section. This document contains provisions for mediation and arbitration of claims and disputes. § 11.5 Insert other contract provisions here. This section requires the Construction Manager to assist in the development of protocols for the development, use, transmission, and exchange of digital data through the use of AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Table of Articles. This new section clarifies that if the parties have agreed to a schedule of labor rates, those labor rates will remain unchanged for the duration of the Project unless the parties execute a Modification. AIA Document A133–2009 is a standard form of agreement between Owner and Construction Manager and may be used on construction management projects where the basis of payment is the Cost of the Work plus a Fee with a Guaranteed Maximum Price. 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