In the last several years, construction managers have taken on an increasingly larger share of construction projects. Unlike general contractors, which are generally at risk for all aspects of the project—from cost to schedule to the quality of the work—the risk and responsibility of a construction manager can vary greatly from project to project, depending on the nature of the contract. In this article, we will explore the key aspects of construction management agreements and present a sampling of relevant judicial holdings.
The hallmark of construction management is the total participation of the manager in the construction process, often beginning with the conceptualization of the project. The construction manager will work with the owner and the design team to produce a coordinated and cost efficient set of construction documents. The construction manager will then assist the owner in selecting subcontractors (or trade contractors) and, to varying degrees, coordinate and administer the actual construction.
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