This is the third in our series of articles dealing with construction management agreements (CMAs). In this article we address construction defects and failures, specifically those arising from faulty workmanship or materials. We will also offer a checklist of selected provisions for inclusion in CMAs designed to protect the owner against construction defects and failures. While the checklist is not a complete statement of all provisions to be included in a CMA, it will provide a road map to a comprehensive agreement.