Construction Administration Agreement

THE AMERICAN INSTITUTE OF ARCHITECTS - ------------------------------------------------------------------
AIA DOCUMENT A117-1987
Abbreviated Form of Agreement Between
Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE
where the basis of payment is the
COST OF THE WORK PLUS A FEE
with or without a Guaranteed Maximum Price


1987 EDITION


THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.


This document includes abbreviated General Conditions and should not
be used with other general conditions. It has been approved and
endorsed by The Associated General Contractors of America. - ------------------------------------------------------------------------------- AGREEMENT


made as of the 21st day of June in the year of Two Thousand and One.


BETWEEN the Owner: Roberts Properties Residential, L.P.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350


and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350


The Project is: Addison Place Shoppes
5100 Abbotts Bridge Road
Alpharetta, Georgia 30005


The Architect is: Hill Foley & Rossi
3525 Mall Boulevard, Suite 6A
Duluth, Georgia 30096


The Owner and Contractor agree as set forth below.


ARTICLE 1
THE WORK OF THIS CONTRACT


1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:


All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of a 47,200 square foot retail building. Constructed in accordance with the drawings dated May 10, 2001, prepared by Hill, Foley, Rossi & Associates, Inc. The property consists of 6.84 acres of land located in Land lots 198 and 231 of the 1st District of the 1st Section of Fulton County, Georgia.


Any adverse soil conditions that may be encountered are included in this Cost Plus Contract; any costs associated with those conditions shall be borne by the Owner.


ARTICLE 2
RELATIONSHIP OF THE PARTIES


2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.


ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION


3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.


The Date of Commencement shall be the first day after both parties have signed the original Agreement or a later date agreed upon by both parties. Contractor must file a Notice of Commencement per Georgia Law. A recorded copy will be maintained in the Contractor's file and on the jobsite.


3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than fourteen months after the Date of Commencement, subject to adjustment of this Contract Time as provided in the Contract Documents.


ARTICLE 4
CONTRACT SUM


4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum consisting of the Cost of the Work as defined in Article 5 and the Contractor's Fee determined as follows:


The Contractor shall be paid monthly on a cost basis plus the Contractor's fee of 5% payable on the 10th of each month unless the 10th falls on a weekend, then payment shall be due on the next business day. The Contractor shall submit an invoice to the Owner no later than the 1st of the following month for all expenses incurred in the preceding month. This invoice shall include a detailed listing of all expenses, which shall include invoice numbers, dates, supplier or subcontractor identification and amount due. The 5% Contractor's Fee shall be billed as a separate line item on the invoice.


4.2 GUARANTEED MAXIMUM PRICE (IF APPLICABLE)


4.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed N/A Dollars ($ N/A ), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.


N/A


4.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:


N/A


4.2.3 The amounts agreed to for unit ...