Contract documents

May 29, 2024

In the ever-evolving landscape of construction project delivery methods, one approach gaining traction for its collaborative nature and potential to enhance project outcomes is the Construction Manager as Constructor (CMc) method. This method, facilitated by AIA Contract Documents, offers a framework for efficient project coordination, risk management, and successful project completion.

At its core, the CMc method involves the early involvement of a construction manager (CM) during the pre-construction phase, working closely with the owner and design team to provide valuable input on constructability, cost estimation, and scheduling. Unlike traditional design-bid-build or even design-build approaches, the CMc method allows for greater collaboration among stakeholders and leverages the expertise of the CM throughout the project lifecycle.

Central to the success of the CMc method are the AIA Contract Documents, which provide a standardized and comprehensive set of agreements tailored to the unique needs of this delivery method. These documents, known as the “coordinated documents,” establish the roles, responsibilities, and relationships among the owner, CM, design team, and other key parties involved in the project.

The coordinated documents typically include the following:

• Owner/CM Agreement: This agreement outlines the scope of services, project delivery schedule, compensation structure, and other terms governing the relationship between the owner and the CM. It establishes the CM’s responsibilities for pre-construction services, construction management, and project delivery.
• CM/General Contractor Agreement: In projects where the CM also serves as the general contractor (GC), this agreement delineates the CM’s obligations during the construction phase, including subcontractor selection, scheduling, quality control, and project coordination. It defines the CM’s role as both a construction manager and a constructor, hence the term “Constructor” in CMc.
• Architect/CM Agreement: This agreement establishes the collaborative relationship between the design team and the CM, outlining the CM’s involvement in the design process, value engineering, and constructability reviews. It fosters open communication and coordination between the CM and the design professionals to optimize project outcomes.
• Other Related Documents: Additional documents, such as the AIA G-Series for Contract Administration and Project Management, provide supplementary provisions for project administration, dispute resolution, and other project-specific requirements.

The 2019 Construction Manager as Constructor family includes the following documents:

• A133–2019, 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
• A134–2019, 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 without a Guarantee Maximum Price
• B133–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition
• E234-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition

By utilizing AIA Contract Documents in the CMc delivery method, project stakeholders benefit from several key advantages:

• Clear Roles and Responsibilities: The coordinated documents clearly define the roles and responsibilities of each party involved, reducing ambiguity and potential conflicts during the project lifecycle.
• Enhanced Collaboration: The early involvement of the CM fosters collaboration among the owner, design team, and construction professionals, leading to more informed decision-making and optimized project outcomes.
• Risk Management: The standardized language and provisions in the AIA Contract Documents help mitigate risks associated with project delivery, such as cost overruns, delays, and disputes, thereby safeguarding the interests of all parties involved.
• Streamlined Processes: The use of standardized contract forms and provisions streamlines the procurement, negotiation, and execution processes, saving time and resources for all stakeholders.

In conclusion, AIA Contract Documents play a crucial role in facilitating the successful implementation of the Construction Manager as Constructor delivery method. By providing a standardized framework for project coordination, risk management, and collaboration, these documents help optimize project outcomes and enhance the overall efficiency of the construction process. As the construction industry continues to evolve, leveraging the CMc method supported by AIA Contract Documents offers a promising path towards achieving successful project delivery in today’s dynamic environment.

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AIA Contract Documents has provided this article for general informational purposes only. The information provided is not legal opinion or legal advice and does not create an attorney-client relationship of any kind. This article is also not intended to provide guidance as to how project parties should interpret their specific contracts or resolve contract disputes, as those decisions will need to be made in consultation with legal counsel, insurance counsel, and other professionals, and based upon a multitude of factors.