A Master Class in Construction Management: Key Risks and Legal Considerations

This master class examines both the Construction Manager as Advisor (CMa) and Construction Manager as Constructor (CMc or CM at Risk) delivery methods, in detail. Explore the benefits of using this method, the roles of project team members, potential liabilities, collaborative concepts, insurance coverages and warranties, cost of the work contracts, sustainable project considerations, related contract documents, and more!

This is an on-demand offering of AIA Contract Documents' December 3, 2020, virtual construction management summit.

Session 1 - Construction Management Delivery Models: Overview, Risks, and Contract Documents

An overview of the Construction Manager as Adviser (CMa) and Construction Manager as Constructor (CMc) delivery methods including:

• key benefits of using this delivery method
• roles, responsibilities, and the relationships between project team members
• the scope of services of the CM during each phase of a project
• potential liabilities, including a discussion of some key contract administration responsibilities of the CMa that directly relate to the architect’s role
• AIA’s CMa and CMc families of standard documents

Session 2 - Exploring Collaborative Concepts: Design Assist and Delegated Design

Over the past few decades, there has been an increasing emphasis on collaboration between design professionals and builders. Realizing the benefits of builders' input on a project’s design, design assist and delegated design collaboration are now particularly prevalent in projects involving a construction manager. In this session we:

• discuss design assist and delegated design using the construction manager as constructor delivery model to highlight these collaborative concepts
• examine the distinctions between design assist and delegated design
• describe the roles and responsibilities of project team members
• discuss problems that can arise
• explore best practices

Session 3 - Sustainability Considerations in Construction Management

Sustainable building is not only growing, it is becoming a mandate on new builds and renovations. During this discussion, we:

• examine the unique risks, responsibilities and opportunities on sustainable projects where there is a construction manager
• review the responsibilities and scope of services delegated to the CMc and CMa on a sustainable project
• introduce exhibits available for construction management agreements for projects that include a sustainable objective

Session 4 - Insurance and Bonds: Considerations and Coverage

We will highlight a variety of insurance coverages that should be mandated and/or considered on CM projects including:

• pre-construction insurance considerations, requirements, and optional coverages
• construction-phase insurance considerations unique to CMa
• highlight how insurance exhibits can serve as a checklist and tool to create a comprehensive and project specific set of insurance requirements

Session 5 - Understanding Cost of the Work Contracts

The final discussion is in regards to the unique aspects of “cost of the work” contracts within the context of CM projects including:

• potential modifications to the A201, General Conditions of the Contract for Construction
• potential modification to the A232, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition
• clarify how these unique issues are handled with the contracts