the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager
resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such
costs of legal defenses, judgments and settlements shail not be included in the calculation of the Construction
Manager’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the
last sentence of Section 3.17 of AIA Document A201~—2007 or other provisions of the Contract Documents, then
they shall not be included in the Cost of the Work.
§ 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval.
§ 6.6.7 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific
responsibility in the Contract Documents.
§6.6.8 Intentionally omitted.
6.6.9 Subject to the Owner’s prior approval, expenses incurred in accordance with the Construction Manager’s
standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s
personne! required for the Work.
§ 6.7 Other Costs and Emergencies
§ 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by
the Owner,
§ 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting
the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007.
§ 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager,
Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or
failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or
correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or
others.
§ 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding
any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the
Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8.
§ 6.8 Costs Not To Be Reimbursed
§ 6.8.1 The Cost of the Work shall not include the items listed below:
1 Salaries and other compensation of the Construction Manager’s personnel stationed at the
Construction Manager’s principal office or offices other than the site office, except as specifically
provided in Section 6.2, or as may be provided in Article 11;
2 Expenses of the Construction Manager’s principal office and offices other than the site office;
Overhead and genera] expenses, except as may be expressly included in Sections 6.1 to 6.7;
4 -The Construction Manager’s capita] expenses, including interest on the Construction Manager’s
capital employed for the Work;
5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the
Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract;
Any cost not specifically and expressly described in Sections 6.1 to 6.7;
7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the
Guaranteed Maximum Price to be exceeded; and
8 Costs for services incurred during the Preconstruction Phase.
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§ 6.9 Discounts, Rebates and Refunds
§ 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1)
before making the payment, the Construction Manager included them in an Application for Payment and received
payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make
payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and
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