FAQs: Choosing an agreement between Owner and Construction Manager (CMc)

Which construction agreements between Owner and Construction Manager may be used when the Construction Manager is the builder or constructor?

If there is a Guaranteed Maximum Price (GMP), the following may be used:

A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work with a Guaranteed Maximum Price.

If there is no Guaranteed Maximum Price (GMP), the following may be used:

A134™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work without a Guaranteed Maximum Price.

Under each of these agreements, the Construction Manager acts as both an adviser to the Owner and as the constructor of the building.

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