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Ohio construction reform. Changes in work. Uses of Owner's Contingency Reserve Unforeseen conditions (site, renovation, severe weather) Allowance overages (difficult to quantify items) Unit price adjustments (>25% change in quantity) Design clarifications (E&O on CMR projects).
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Ohio construction reform Changes in work • Uses of Owner's Contingency Reserve • Unforeseen conditions (site, renovation, severe weather) • Allowance overages (difficult to quantify items) • Unit price adjustments (>25% change in quantity) • Design clarifications (E&O on CMR projects)
Ohio construction reform Changes in work • Uses of Contingency Allowance within GMP • Bid risk coverage (bids higher than estimate, award to non-low bidder) • Subcontractor's breach of its subcontract • Remediation of defective work • Additional costs to complete work within contract time (acceleration, winter protection)
Ohio construction reform • Changes to Contingency During Buyout of Subcontracts • Buyout savings increase contingency balance • Buyout overages decrease contingency balance • Excess contingency balance from buyout is released to owner • 25%, 50%, 75% of project duration • Contingency balance may be reduced and released to owner • Discretion of CMR & DB • Credit may be given if there is a shared savings agreement Changes in work
Ohio construction reform Changes in work • Approvals in Use of Contingency • All changes in work are discussed in project meetings • CMR & DB releases contingency allowance for allowable expenses • Owners "approve" the CMR & DB use of contingency in pay application • Owners approve formal change orders when using owner's reserve contingency
Ohio construction reform Changes in work • Uses of Remaining Contingency • Entire amount returned to owner • Entire amount stays with CMR or DB as part of their GMP • Percentage split to owner and CMR or DB, agreed to in the GMP.
Ohio construction reform Changes in work • Contract Documents - General Conditions Article 7 • Changes can be initiated by: • Proposal request from AE • Change directive from owner • Request for a change order from the CMR or DB • Minor Changes in Work - no adjustment in contract sum or contract time • Time Extension