This article summarizes and addresses the nuances of the construction manager's role, responsibilities and relationship with the design team (owner and its consultants) during the pre-design and pre-construction phases of a construction project. It examines several areas of potential liability that a construction manager should take into account upon entering into an agreement to provide pre-construction services. Information is organized by the logical process of a construction project, outlining the tasks that a construction manager should undertake at each phase, as well as those that are best left to the owner or to consultants. The article also includes downloadable model agreements and a convenient checklist to use when drafting or reviewing agreements for pre-construction services. 68 pages with editable forms in RTF

Summary of Contents

1. Introduction
2. Relationship with Owner
3. Pre-Design
   1. Project Scope
   2. Environmental Impact Statements (Phase I and Phase II)
   3. Site and Existing Building Survey Hazardous and Contaminated Substances
   4. Geotechnical Investigation
   5. Funding
   6. Land Acquisition
   7. Engaging Design Professional
   8. Adjacent Site Investigation
   9. Utility Service
4. Design
   1. Phases
   2. Estimate
   3. Project Progress Scheduling
   4. Value Engineering
   5. Constructability
   6. Site Logistics
   7. Green Building and Related Compliance
5. Pre-Construction
   1. Long Lead Materials and Equipment
   2. Permits and Approvals
   3. Early Work
   4. GMP Estimate
6. Compensation
   1. Consulting
   2. Early Work
7. Changes
   1. Consulting Additional Services
   2. Change Orders for Early Work
8. Insurance
   1. Construction Manager's Professional Liability Insurance
   2. Contractor's Pollution Liability Insurance
   3. Builder's Risk Insurance
9. Suspension or Termination
10. Claims
    1. Force Majeure and Extension of Time
    2. Notice
11. Contractual Risk
    1. Scope of Services
    2. Exclusion of Design Responsibility
    3. Waiver of Consequential Damages
    4. Limitation of Liability
    5. Guarantee of Estimates
    6. Indemnification

Appendix:

1. Agreement Between Owner and Manager for Pre-Construction Services
2. Part A -- Pre-Construction Agreement
3. Owner/Construction Manager Pre-Construction Agreement Checklist