Construction Manager as Constructor (CMc) Family
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Use of the Construction Manager as Constructor (CMc) family of AIA Contract Documents may be appropriate when the owner’s project employs a construction manager who will complete the construction and also provide construction management services. Under the Construction Manager as Constructor (CMc) approach, the functions of contractor and construction manager are merged and assigned to one entity that may or may not give a guaranteed maximum price (GMP), but which typically assumes control over the construction work by direct contracts with the subcontractors. Documents in the CMc family can be used on small to large private sector projects.
AIA Documents A133–2019, Owner/CMc Agreement—Cost of Work Plus Fee with GMP, and A134–2019, Owner/CMc Agreement—Cost of Work Plus Fee without GMP—are coordinated for use with AIA Documents A201–2017, General Conditions of the Contract for Construction, and B133–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition.
For sustainable projects, AIA Document E234–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, has been developed for use on sustainable projects when there is a construction manager as constructor as a project participant.
CAUTION: To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document.
AIA Document A133–2019 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. The 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. AIA Document A133–2019 is coordinated for use with AIA Documents A201–2017, General Conditions of the Contract for Construction, and B133–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. NOTE: A133–2009 expires on May 31, 2021.
AIA Document A133™–2009 SP is based on AIA Document A133–2009, 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, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects).
A133–2009 SP is intended for use on sustainable 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. The 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. AIA Document A133–2009 SP is coordinated for use with AIA Documents A201™–2007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, and B103™–2007 SP, Standard Form of Agreement Between Owner and Architect for a Large or Complex Sustainable Project.
Similar to AIA Document A133–2019, AIA Document A134–2019 is intended for use when the owner seeks a construction manager who will take on responsibility for providing the means and methods of construction. However, in AIA Document A134–2019 the construction manager does not provide a guaranteed maximum price (GMP). A134–2019 employs the cost-plus-a-fee method, wherein the owner can monitor cost through periodic review of a control estimate that is revised as the project proceeds.
The agreement divides the construction manager’s services into two phases: the pre construction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. A134–2019 is coordinated for use with AIA Documents A201–2017, General Conditions of the Contract for Construction, and B133–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. NOTE: A134-2009 expires on May 31, 2021.
AIA Document A134™–2009 SP is based on AIA Document A134™–2009, 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 Guaranteed Maximum Price, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects).
Similar to AIA Document A133™–2009 SP, A134–2009 SP is intended for use when the owner seeks a construction manager who will take on responsibility for providing the means and methods of construction of a sustainable project. However, in AIA Document A134–2009 SP the construction manager does not provide a guaranteed maximum price (GMP). A134–2009 SP employs the cost-plus-a-fee method, wherein the owner can monitor cost through periodic review of a control estimate that is revised as the project proceeds.
A134–2009 SP is based on AIA Document A134™–2009, 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 Guaranteed Maximum Price, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects).
The agreement 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. A134–2009 SP is coordinated for use with AIA Documents A201™–2007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, and B103™–2007 SP, Standard Form of Agreement Between Owner and Architect for a Large or Complex Sustainable Project.
AIA Document B133–2019 is a standard form of agreement between Owner and Architect intended for use on projects where an Owner employs a Construction Manager to act as an adviser during the preconstruction phase. At a time to be mutually agreed upon by the Owner and the Construction Manager, and in consultation with the Architect, the Construction Manager prepares a Guaranteed Maximum Price proposal or Control Estimate, as applicable, for the Owner’s review and acceptance. Thereafter, the Construction Manager constructs the Project on a Cost of the Work Plus a Fee basis, either with or without a Guaranteed Maximum Price, and the Architect provides Contract administration services during the construction phase. B133–2019 assumes that the Construction Manager will provide cost estimates and schedules for the Project. B133–2019 is intended to be used with AIA Document A201–2017, General Conditions of the Contract for Construction, which it incorporates by reference and either 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 or 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 Guaranteed Maximum Price. NOTE: B133-2014 expires on May 31, 2021.
E234-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition
AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, has been developed for use on sustainable projects when there is a construction manager as constructor as a project participant. E234–2019 is based on E204™-2017 but it has been tailored to address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction when there is a construction manager involved in the preconstruction phase and also performing the construction. E234–2019 is not a stand-alone document, but is intended to be attached as an exhibit to an existing AIA construction management as constructor agreement on a project that includes a Sustainable Objective. E234–2019 is intended to replace the Sustainable Projects documents included in the Construction Manager as Constructor family of AIA Contract Documents.