AIA Document G733–2019 serves the same purpose as AIA Document G714™–2017, except that this document expands responsibility for signing construction change directives to include both the architect and the construction manager.
General. With the concurrence of the Owner, the Construction Manager initiates and prepares the form (including a description of the Work) and attachments.
Proposed Adjustments. Insert the proposed method of adjustment to the Contract Sum or Guaranteed Maximum Price. The Owner and Contractor should use Lump Sum when there is likely to be mutual agreement as to the total cost of the change and all costs associated with the change are included in the Lump Sum. Unit Price should be used when there is likely to be mutual agreement by the Owner and Contractor as to the cost per unit of measurement for the change, but the number of units of measurement cannot be reasonably determined at the time the form is signed. If the proposed basis of adjustment is to be the Cost of the Work plus a Contractor’s fee, the Construction Manager should insert a definition of, or a method for determining, the Cost of the Work and a proposed Contractor’s fee.
The space after the designation “as follows” should be used where more than one method of adjustment, or a method other than those designated above, is proposed and where the Contractor is likely to concur with one or more of the specified methods. Pending final determination of the cost of the changes to the Work amounts not in dispute may be included in applications for payment. Undisputed amounts should be documented by written agreement using AIA Document G732™–2019, Application and Certificate for Payment, Construction Manager as Adviser Edition.
Change in Contract Time. Insert the proposed adjustment in Contract Time, if any, associated with the changes in the Work.
Executing the agreement.
When the Owner, Construction Manager, and Architect have reached agreement on the change to be made in the contract, G733 should be executed in not fewer than quadruplicate by the Owner, Construction Manager, and Architect. The two parties, the Construction Manager and Architect each receive an original.
Once the Construction Manager has completed the form as described above and has executed it in quadruplicate, all four copies should be sent to the Architect for execution and the Owner for authorization. The Owner’s representative who executes this document must be legally empowered to authorize additional funds, and the amount of the proposed change must not exceed the representative’s monetary authorization. Once authorized by the Owner or the Owner’s representative, one copy should be sent by the Construction Manager to the Contractor.
The Contractor must promptly proceed with the change directed. If the proposed method of adjustment is acceptable, the Contractor informs the Construction Manager, and the method selected shall be utilized in the determination of future Applications for Payment. If the proposed method of adjustment is not acceptable, the Contractor shall inform the Construction Manager. In such an event, the method of the adjustment will automatically become that designated in AIA Document A232™ Section 7.3.4. The Construction Manager should prepare a Change Order for execution by the Owner, Architect and Contractor for the Work directed by the Construction Change Directive when (a) the Contractor agrees to the proposed adjustment of the Contract Sum and Contract Time upon receipt of the Construction Change Directive or (b) the Contractor and Owner agree to the determination by the Construction Manager and Architect of the change in Contract Sum and Contract Time pursuant to Article 7 of A232. If, following that determination, no agreement is reached, the matter is referred to the Architect as a Claim.
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