What is the CMc Family of documents?
Construction Management, as a delivery model, has been steadily growing in popularity because it enables greater collaboration early on in a project rather than the traditional design-bid-build method. In the Construction Manager as Constructor (CMc) documents, the CMc is brought on in the preconstruction phase to provide collaboration and input from the beginning of the project. This allows for greater efficiency from project inception because the CMc and architect work together to develop the major elements of the project. Once the construction phase begins, the CMc performs the construction and the architect provides the contract administration services as it would in a design-bid-build project, using AIA Document A201®-2017 as the general conditions.
Documents included in the 2019 CMc Family
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
Differences between CMc and CMa families
In the Construction Manager as Constructor (CMc) family, the CMc is brought on in the preconstruction phase to provide collaboration and input from the beginning of the Project. The CMc then also provides the construction of the Work. In the Construction Manager as Adviser (CMa) family, the CMa provides preconstruction phase collaboration but the CMa does not provide the construction. The CMa documents are intended to be used on Projects where more than one prime contractor is used, although they can be used if there is only one contractor. The CMa provides coordination of the contractors and other services in the construction phase.
Differences between 2009 and 2019 CMc Documents
Input from representatives of major CMc firms was sought in updating these documents. The CMc agreements now allow the parties greater flexibility to develop the CMc’s scope for pre-construction phase services. In addition, the documents provide an expanded role for the CMc in advising and making recommendations to the owner and architect on items such as proposed site use and improvements, constructability, scheduling, and selection of materials, building systems, and equipment. The CMc is also obligated to work collaboratively with the owner and architect to establish BIM and digital data protocols, and to consult with the architect regarding design delegation services to be provided by the CMc in the construction phase. The updated documents include a new provision permitting the parties to agree on startup of some of the work before execution of the GMP amendment.
Both A133-2019 and A134-2019 have a new Insurance and Bonds Exhibit. A Sustainable Projects Exhibit, E234-2019, has been developed to incorporate the role of the CMc into a sustainable project.
Revisions to 2019 Owner/CMc Agreements
The Owner/Construction Manager as Constructor Agreements are 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.
Both of the agreements have some new structural revisions. A new Article 1, Initial Information, has been added. The Initial Information section provides the owner with a place to provides information needed by the CMc to perform services and work, particularly in the preconstruction phase. Some articles were moved and titles changed to better parallel other AIA owner/contractor agreements.
The documents were updated to allow the owner and construction manager more flexibility in crafting the scope for preconstruction services. A new fill-point has been added to describe additional preconstruction services or to attach an exhibit describing them. A standard of care and insurance requirements for preconstruction services have been added.
A new provision addresses the possibility of the start of some construction phase work before execution of the GMP amendment. This provision states that the construction phase commences upon execution of GMP Amendment or “prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties.” Some guidance is provided on what should be included in the written agreement.
The construction phase now includes key revisions made in the A201 family 2017 revisions, including a new termination fee provision, fill points for liquidated damages and incentives, more streamlined project communications, and a new retainage section. A133-2019 and A134 -2019 now also have a separate Insurance and Bonds Exhibit.
About the 2019 Insurance and Bonds Exhibit (CMc)
The new Insurance and Bonds Exhibit for A133 and A134 follows the insurance and bonds exhibit developed for the 2017 A201 family owner/contractor agreements. It provides the construction phase insurance requirements for the Owner/CMc agreements.
The exhibit lists insurance coverages that are required to be carried by the owner and the construction manager. It also contains sections with checkboxes for the selection of optional insurance coverages. The exhibit also allows the specification of the requirements for performance and payment bonds.
Revisions to 2019 Owner/Architect Agreements (B133)
The owner/architect agreement for CMc is B133–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. B133 was updated to incorporate revisions made in the 2017 Owner/Architect agreements in the A201 Family. Provisions requiring establishment of digital data and BIM protocols have been added, as well as a fill point for an owner’s sustainable objective to be included in the Initial Information. A distinction has been made between Supplemental and Additional Services. A new option for negotiated termination and licensing fees is also included. Other revisions were made to be consistent with revisions made to the Owner/CMc agreements.
About E234-2019 Sustainable Projects Exhibit (CMc)
E234-2019, the new Sustainable Projects Exhibit for the Construction Manager as Constructor Family, is based on E204-2017, the Sustainable Projects Exhibit for the A201 family. Revisions were made to include the role of the CMc, particularly in the Preconstruction Phase. E234 establishes a clear and detailed process to achieve the owner’s sustainable objective, and it provides a detailed description of the various roles and responsibilities of the parties. E234 addresses key risk factors the parties might encounter, such as product substitutions, delayed or failed certification, and consequential damages. All of the CMc document agreements include a provision that the parties will use E234 if the owner identifies a sustainable objective in the agreement.