Adam P. Banks | Michael Best & Friedrich
Starting in November of 2019, the American Institute of Architects (AIA) began the process of updating the contract documents for the Construction Manager project delivery method. The first round of updates included changes to the Construction Manager as Constructor (CMc) contract documents.
The CMc delivery method is characterized by the Construction Manager’s (CM) early involvement in the pre-construction and design phase of the project. After the design phase, the CM takes on a role similar to that of a traditional General Contractor, whereby the CM contracts with subcontractors and oversees the construction phase of the project. The intent behind this delivery method is that by providing practical construction expertise and suggesting more effective approaches to design and cost savings during the pre-construction phase of the project, the owner and CM will be able to realize those benefits during the construction phase.
On February 6, 2020, the AIA released the second round of updates, impacting the Construction Manager as Advisor (CMa) family of contract documents. Also known as Advisory Construction Management, CMa projects involve the CM contracting only with the owner and acting as the owner’s trusted advisor and agent. Unlike the CMc delivery method, the CM in a CMa project does not perform the construction. Rather, the owner, relying upon the advice and expertise of the CMa, is responsible for contracting with, and supervising the subcontractors that will be constructing the project. CMa delivery is ideal for projects where multiple prime contractors will be performing the construction work.
The newly released CMa documents better define the CMa’s contractual duties for review, analysis, and project coordination. Similar to the November 2019 release of updated CMc documents, this update includes a new Insurance and Bond Exhibit and a new Sustainable Project Exhibit (AIA E235-2019), which incorporates the CMa into the design and construction of a sustainable project. Michael Best has teams dedicated to serving clients throughout the procurement, construction, and development process. We encourage you to reach out to Adam Banks or your Michael Best attorney to learn about these updated documents or subscribe to receive future Michael Best alerts that might impact your project.