AIA Document A133-2009 (formerly A121-2003) is a 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, and is intended for use on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for construction of the project.
The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. Upon the owner's acceptance of the proposal by execution of an amendment, the construction manager becomes contractually bound to provide labor and materials for the project and to complete construction at or below the guaranteed maximum price.
This document divides the construction manager's services into two phases -- the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. A133-2009 is coordinated for use with AIA Document A201-2007: General Conditions of the Contract for Construction and AIA Document B103-2007: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project.
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