USE OF CONSTRUCTION MANAGEMENT

One of the compelling reasons for engaging a CM is the owner's lack of in-house resources of managing and administering significant construction projects.  An experienced CM can assist the owner in the early pre-construction phase to evaluate the feasibility of certain construction practices, select early delivery systems, prepare cost estimates, evaluate potential sites, select design professionals and consultants, and assist with the project financing , including efforts to move the project through any approval process.

During the design phase, the CM's experience can continue to assist the owner in developing the project. The CM's coordination and input into the design process, including budgeting, scheduling, cost estimating, design review, and value-engineering can all help in preparing bidding documents that accurately and economically reflect the needs of the owner.

If, in turn, the CM is also retained during the construction phase, then there is job continuity and job experience, which can also prove invaluable.  The CM will coordinate its efforts with the design professional and often relieve the designer of the scheduling, estimating, and administrative responsibilities, which would otherwise fall within the designer's scope of services if the CM was not engaged.

PRE-CONSTRUCTION PHASE DUTIES OF THE CONSTRUCTION MANAGER

The duties of the CM normally fall within two distinct phases - pre-construction and construction. During the pre-construction phase, while the design is being prepared and necessary approvals are being obtained, the CM will usually perform any or all of the following functions:

CONSTRUCTION PHASE DUTIES OF THE CONSTRUCTION MANAGER

During the construction phase, the CM is responsible for the administration and management of the separate trade contracts.  In such a role, depending on the contractual relationship between the owner and the CM, the CM may be held responsible for the performance of individual trade contractors and may guarantee performance within a specific guaranteed maximum price.  Construction phase duties of the CM may include any or all of the following:

CM/Agent

Generally, the pre-construction phase service of the CM/Agent are performed either on a lump sum basis for smaller and less complicated projects, or on a cost reimbursement basis using personnel and material unit rates agreed in advance with or without an additional fee for more complex projects.  In some instances, lump sum fee plus reimbursable expenses may be the agreed upon basis.  The percentage of the CM's fee will, of course, vary with the risks involved with a particular project.

Where it is necessary to pay on a cost-plus basis, agreed unit rates and a "not to exceed" cap may be desirable.  While a "cap" may not be an absolute guarantee, it may serve as a point at which the CM will be obligated to provide notice so that the parties can discuss what future costs are expected to be.

During the construction phase, while compensation arrangements can again vary, it is reasonable to expect that the CM/Agent will perform its services for a combination of a fee as considered for its profit and overhead, coupled with reimbursement of certain prescribed costs.  The CM arrangement should carefully define what expenses will be considered reimbursable.  Typical categories of reimbursable expenses include:

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