This is the last part of our current series of articles on construction management agreements (CMAs). In this article, we discuss the liability of construction managers (CMs) under provisions of CMAs as they pertain to the construction phase of the project. For the purposes of this article, we use the guaranteed maximum price (GMP) form of CMA.
Liability of the Manager
Fundamentally, the construction manager is responsible for the performance of the work in accordance with the contract documents, consisting of: the CMA; the plans and specifications prepared by the owner’s design team; and the scopes of work of the subcontractors. The CM is also responsible to deliver a complete and integrated project; coordinate and cause the work to be complete and corrected by its subcontractors; maintain job site safety; and ensure compliance with applicable codes, rules and regulations. (While the CM is primarily responsible to cause the work to be performed by the subcontractors, the CMA should provide that the owner is a third-party beneficiary of the subcontracts.)
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]