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Guaranteed Maximum Price Amendment: Definition, Example

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What is a Guaranteed Maximum Price Amendment?

A guaranteed maximum price amendment is a contract between a contractor and client that sets a certain maximum price the client pays for construction services. This price is inclusive of all labor, material, and other incidental charges and only indicates the maximum amount a contractor can bill. Usually, the final bill comes out to be less than the guaranteed maximum price. However, even if the cost for labor and materials surges over the maximum, contractors cannot bill clients beyond this number.

The guaranteed maximum price amendment is intended to protect consumers from being surprised with unexpected charges. It also holds construction companies accountable for providing accurate estimates that aren't misleading to the general public.

Guaranteed Maximum Price Amendment Sample

Exhibit 10.1

AIA 133 – Attachment

Construction GMP

GUARANTEED MAXIMUM PRICE AMENDMENT

CONSTRUCTION GMP

Pursuant to Document A133 - 2009, dated the 1st day of December 2009 and the A201 General Conditions of the Contract attached thereto, between TD AMERITRADE Services Company, Inc (OWNER) and Kiewit Building Group Inc. (CONTRACTOR) for TD Ameritrade Omaha Campus (the Project), OWNER and CONTRACTOR establish the following Guaranteed Maximum Price and Contract Time for the Work.

ARTICLE I

Construction GMP

The Guaranteed Maximum Price for the Project shall be $197,000,000.00 in accordance with the GMP Manual dated November 15, 2011 and the Contract Documents. This Amendment supersedes Amendments 1-9, and those amendments are no longer valid.

 

Exhibit A    Construction GMP Manual dated November 15, 2011.

ARTICLE II

CONTRACT TIME

Beneficial Occupancy of Comm / Data Rooms: December 31, 2012

Substantial Completion: April 2, 2013

Final Completion: June 19, 2013

The owner shall accept this Guaranteed Maximum Price Amendment by December 1, 2011 (the Effective Date).

AUTHORIZED AND APPROVED BY:

 

OWNER     CONTRACTOR
TD AMERITRADE Services Company, Inc     KIEWIT BUILDING GROUP INC.

/s/ William J. Gerber

   

/s/ Ron Duce

(Signature)     (Signature)

William J. Gerber, EVP/CFO

   

Ron Duce, Senior Vice President

(Printed Name and Title)     (Printed Name and Title)

Reference:
Security Exchange Commission - Edgar Database, EX-10.1 2 d263816dex101.htm GUARANTEED MAXIMUM PRICE AMENDMENT, Viewed September 16, 2022, View Source on SEC.

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