ARTICLES DISPUTE RESOLUTION
§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the
Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required
as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not
apply.
§ 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of ALA Document A201-
2007, the method of binding dispute resolution shall be as follows:
(Check the appropriate box. [f the Owner and Construction Manager do not select a method of binding dispute
resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than
litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)
] Litigation in New Hampshire Superior Court Hillsborough South
§ 9.3 Initial Decision Maker
The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201—2007 for
Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties
appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker.
(Uf the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price
§ 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this
Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience
and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’
written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201-2007.
§ 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be
equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no
event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in
Section 4.1.
§ 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction
Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shail pay to the
Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid
to the Construction Manager under Section 10.1.2:
1. Take the Cost of the Work incurred by the Construction Manager to the date of termination;
2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination
at the rate stated in Section 5.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that
Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time
of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;
and
3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services.
The Owner shall also pay the Construction Manager fair compensation, either by purchase or renta! at the election of
the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is
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