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Construction Management
Assuring Project Success Under Any Delivery Method
Smaller government organizations are like smaller businesses, having the same
organizational needs for construction expertise matched against an equal need
to reduce expenses. Moreover, many times the smaller private Owner cannot
afford to build a staff and fully develop sufficient expertise to embark upon a
constructionprogram.
The use of professional construction management services to oversee all or parts of
the planning, design and construction process is recognized in both the public and
private sectors as an effective and efficient means of achieving successful delivery of
constructed projects under any contract format.
This guide will benefit those Owners who will embark on a construction project
and who will seek expertise in the planning, design and construction process. It
introduces the construction management practice and describes how it can enhance
the success of a project.
Executive Summary
Professional CMs can be instrumental in achieving successful construction projects
and may be used in a variety of contracting and project delivery systems.
There are many issues an Owner must consider in undertaking a project, such as time
and cost constraints, the need for flexibility, pre-construction service needs, design
process interaction, and financial constraints. The project team should enhance and
reinforce the strengths of the Owner to provide a comprehensive set of resources and
skills to accomplish the project.
While a wide and somewhat bewildering variety of ways to organize a project have
been developed to satisfy the needs of Owners and projects, all share the same basic
set of players: the Owner, the CM, the Designer, other consultants, Contractors,
and Subcontractors. Regardless of resources, Owners must choose a particular
organization, contract and award, and combine them into a desired and appropriate
contracting format for each project.
A number of contracting formats exist including fixed price, guaranteed maximum
price, cost plus fixed or variable fee, and unit price contracts.
Construction projects in the United States have traditionally been delivered through
the design-bid-build project delivery method. Because of financial, organizational
and time constraints, alternative project delivery methods have evolved to fit
particular projects and client needs. These include multiple primes; developer
manager; design-build; and design, build, operate and transfer.
1.0 Defining Construction Management
There are several issues an Owner must consider in the selection of a method of
accomplishing a project:
Time needs of the project: Does it have to be done quickly? Will the schedule
be affected by outside influences? Will the schedule be lengthened by cash
flow considerations?
Needs of the project for flexibility: How much change will be required during
the construction? How much of the project will be fully defined by the Owner
and Designer prior to its being constructed? If other than the Owner, how
much influence will the user have over the design and construction?
Preconstruction service needs: How much assistance will the Owner need in
the definition and planning of the project with respect to quality and safety,
and with respect to cost versus scope versus time?
Design process interaction: How well does the Owner understand the design
process and the cost impacts of decisions made in the course of design
development? How complex is the design process for the project?
Financial constraints: How is the project financed? How does the financing
influence the schedule, type of contract, risk and other requirements of
theproject?
The Owner: The private or public organization ultimately responsible for the
proper execution of the project.
The Construction Manager (CM): A provider of professional services to
the Owner, the CM organizes the effort, develops the management plan,
monitors the participants progress against the plan and identifies actions to
be taken in the event of deviance from the plan. The CM also provides expert
advice in support of the Owners decisions in the implementation of the
project. The CM can be a firm, a team of firms, or an individual.
The Designer(s): Employed by the Owner to provide design services in
support of the project. While Designers can be contractually responsible
to the Owner, they report progress to the CM and are monitored by the
CM for compliance with the scope statement and both the design and
constructionbudgets.
Other Consultants: Providers of specialized services, such as real estate
acquisition firms, geotechnical engineering firms, environmental engineers,
permitting consultants, etc., employed by the Owner in support of the
project. Their efforts are coordinated and monitored by the CM.
The Contractor: The organization or individual who undertakes responsibility
for the performance of the work, in accordance with plans, specifications
and contract documents, providing and controlling the labor, material,
equipment, and subcontractors to accomplish the work.
Construction management is a professional services discipline applied to the
planning, design and construction process. CMs provide a program of management
techniques and expertise tailored to Owner and project needs and independent of the
chosen contract form or project delivery method. It is this management approach that
makes construction management unique. CMs apply and integrate comprehensive
project controls to manage the critical issues of time, cost, scope and quality. It is the
matching of services to project/Owner needs that makes construction management
a cost effective approach to managing project delivery.
2.0 Contracting and Project Delivery Systems
As an Owner, it is necessary to choose an overall project delivery and contracting
strategy which efficiently delivers the project. An understanding of the difference
between a project delivery method and a contracting format is important because it
impacts these decisions.
Contracting Formats
A contracting format is an arrangement for the distribution of construction project
risk--most frequently cost or performance risk--between the parties to a contract.
Cost risk is the risk of being able to do something within a given budget limit. This
risk distribution is accomplished through methods of arriving at or limiting the
amount of money to be paid. Performance risk is the risk of being able to complete
the project on time and at the level of quality as agreed. This is distributed through
the technical terms of the contract, either by describing requirements for the finished
product only, or by describing specific methods by which a task is to be performed.
Contracting formats require some form of specific scope statement in order for the
parties to make an accurate economic judgment as to cost or price.
Public, and quite frequently private, works are usually procured through a sealed bid,
fixed price contract or the equivalent. In these contract arrangements, most of the
price risk is intended to shift to the Contractor. In order to provide a reasonable and
enforceable scope definition to the Contractor so that bids can be developed, fixed
price contracts are almost always based on a completed design. The need to have
a completed design in hand prior to the commencement of construction requires
a longer lead time for the construction process and requires a linear approach to
project delivery that reduces flexibility.
Seeking more flexible alternatives, the private sector developed a host of risk-shifting
and risk-sharing contract variations, including negotiated fixed price, guaranteed
maximum price (GMP), cost plus fixed or variable fee, time and material, unit price,
prepurchasing, and others. These contracts run the spectrum from the lump sum,
where all of the cost and schedule risk is placed on the Contractor, to cost reimbursable
situations, where the Owner agrees to pay all costs. Most of these methods are now
also being implemented, to some extent, by public sector Owners.
the Owner has little risk either in cost or satisfaction beyond the GMP. Since a
substantial part of the desired outcome from these projects is subjective, the risk
of misunderstanding is large and can easily result in either disputes over what is
included in the GMP or in disappointment on the part of the Owner in the final
project as delivered.
Construction projects in the United States have traditionally been delivered through
the design-bid-build sequence, securing the services of a Designer who will design
the project, aid in the procurement of a Contractor, and often inspect the work of
the Contractor for compliance with the specification. This sequence usually leads to
the sealed bid, fixed price contract believed by many to offer the least capital cost to
the Owner as well as the one generally required by public procurement regulations
to assure fairness in the procurement process. However, this traditional project
delivery system allows the use of many contracting formats, since there is no inherent
constraint on the allocation of price risk.
Multiple Primes: The Owner uses separate contracts for various construction
disciplines such as general construction, structural, mechanical, electrical, etc.
Developer Manager: The Contractor will acquire (or have constructed)
a facility to suit the needs of the Owner who in turn commits to lease
thefacility.
Design, Build, Operate and Transfer: The Contractor will design, build,
operate and maintain a facility for a fixed period before transferring it over
tothe Owner.
Design-Build: The Owner utilizes a single contract to acquire the services of
both Designer and Contractor to construct a facility.
These delivery methods all share the characteristic of placing the Owner in what is
a potentially unequal relationship with the Contractor. These systems may at times
require the Owner to place the fate of the project in the hands of an organization or
organizations whose interests may be in conflict with those of the project or of the
Owner, due to contractually assigned risks.
In addition, these delivery methods all share the same disadvantages in that the
Owner is required to have sufficient staff resources to fully define the project or be
willing to allow another entity to define it. The Contractor or Designer or Developer
has clear risks that it has assumed in its arrangement with Owner and has developed
the expertise to manage these risks.
Parties who bear the risk in an endeavor are due their rights to control their destiny.
The greater the risk profile, the greater the need to control. Loss or perceived loss
of control leads to fear of a negative outcome. This fear leads to an assertion of
the right to control, resulting in frequent disputes. Therefore, the key to successful
management of the construction process is the placement of risk in the hands of
those who are best equipped to manage it.
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3.0 Why Construction Management?
Construction management has been used successfully in all delivery methods for
Owners who do not continuously maintain the staff expertise or numbers necessary
to deal with the complex responsibilities involved in the delivery of major capital
projects. The CM frequently helps the Owner identify which delivery method is best
for the project.
The construction management approach utilizes a firm (or team of firms) with
construction, design and management expertise to temporarily expand the Owners
capabilities so that the Owner can successfully accomplish its program or project.
CM as Agent or At Risk
As previously mentioned, construction management comes in two general forms:
The key difference between these two forms is that the CM at risk is in fact a distinct
delivery method due to its responsibility for construction performance. Agency
construction management, on the other hand, is a distinct set of services that can be
applied to any delivery method.
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Role of the CM
Use of a professional consultant in construction management improves the Owners
confidence in the success of the project. This enhanced confidence grows out of the
ability of a professional CM to make expert recommendations regarding:
Early development of the scope of the project provides information for the
establishment of a baseline budget and schedule. Because of the continuous
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monitoring of the schedule and project cost during the progress of the project,
the impact of changes and new information on this baseline can be evaluated and
corrective action taken when most effective. Well formulated and priced construction
bid packages, developed during the planning and design process, are the key to
minimizing changes and avoiding disputes and delays during construction. This is
the Owners most powerful tool in assuring a positive outcome for the project.
The addition of a CM does not lessen the Owners control over the project, but
enhances it through the Owners acquiring as adjunct staff an organization of
experts in the design and construction process that will enable the Owner to make
informed and timely decisions during the evolution of the project.
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4.0 Selecting the CM
CMAA recommends the selection and use of a CM for projects which are complex
by virtue of their nature or size, or for which the Owner does not have an adequate
capacity to manage the project effectively.
Typically, professional services of this sort are procured on the basis of an objective
evaluation of the qualifications of competing firms. There are accepted practices
that are used by both private entities and public bodies to select the best qualified
CM for the project.
A brief, detailed description of the project, including size, purposes, goals and
objective parameters, must be developed in order to convey to the CM proposer
the activities and approximate level and type of skills that will be necessary. If any
studies or other documents are available, they should be called to the attention of
the proposers.
The Owners needs and expectations with respect to scope, schedule and budget
should be included in the description. Finalization of schedule should not take place
until the selected CM has advised the Owner regarding the achievability of the
proposed schedule and associated project cost.
Some Owners governing bodies may establish budget guidance for parts of a project,
with specific decision authority within those budgets delegated to a part of the
permanent staff, subject to review. These practices are highly recommended so that
the Owner will gain credibility with the Contractor and consultant community.
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Decisions with regard to the project organization, as envisioned by the Owner,
including the reporting relationships among the Owner and all other parties to the
design and construction effort, should be made and summarized for reference in the
selection process.
The committee is responsible for one of the most critical decisions in the project
the selection of the CM. The committee will be comparing the approaches offered
by several firms, their skill levels and the experience of their personnel, with the
expectations and needs of the project and the Owners organization. Each individual
on the committee should understand how the selection process will be structured.
The committee should include the individual on the Owners staff who will be
responsible for the project.
While it is not necessary that all members of the committee be familiar with the
design and construction process, at least one member should. If the Owner does not
have an individual on its staff who can provide this expertise, it may be appropriate
to retain a consultant for the selection process. Individuals such as senior members
of the engineering or architectural community can be used for this purpose. It
is also important that the committee be free from any conflict of interest in the
selection of a CM.
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Description of similar work in progress, including date, size
and Owner contact
Annual volume, backlog and capacity
Record of performance; i.e., cost control, quality, schedule, and safety
Federal Standard Form (SF) 254 contains substantially this same type of information
and is maintained by most firms. A related form, SF 255, contains similar data
and is designed to specifically address a particular project. The more recent SF 330
combines all of this into a single document.
The selection committee should evaluate the firms submissions and make a
judgement as to which firms appear qualified to perform the work. This will have
the effect of reducing the number of competing firms to what is commonly known
as a short list.
Technical Proposal. Those that are judged to be qualified are requested to submit
a technical proposal. This solicitation, issued as a request for proposal (RFP), is a
request for information about a firms qualifications and intentions to perform the
services desired. The technical proposals are usually written for a specific project.
The RFP should provide prospective respondents with a description of the project and
information regarding the method of compensation. Additionally, the RFP should
contain information about the project such as the project budget, major constraints,
unusual services that may be required, and particular goals of the Owner.
If the Owner has sufficient understanding of the expected scope of services, it may
be advantageous to organize the RFP on that basis. The RFP may also be organized
as a series of questions to be answered by the respondents.
The RFP should seek the following information from the proposers:
Owners should keep in mind that proposals are often a CMs largest non-project
expense. CMs appreciate an RFP that allows them to efficiently present their
qualifications. It is appropriate for the RFP to include the criteria for the evaluation
of the proposals as well as the weighting to be used.
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It is desirable for the selection committee to be involved in the development and
organization of the RFP. The RFP should be drafted with the understanding that the
selection committee will have to evaluate a number of technical proposals and that
the more consistent the presentations by the respondents the easier the evaluation
will be. A mandatory outline of the technical proposal is useful in organizing the
data for comparison by the selection committee. Additionally, a page limitation is
suggested to keep the presentations to a manageable size. The page limitation should
not include data such as resumes and brochures. The RFP should be examined by
an experienced person for clarity and internal consistency.
Evaluation Process. The evaluation process may be time consuming and difficult.
The selection committee should proceed with a logical and methodical evaluation
of each proposal and grade each against the evaluation criteria stated in the RFP.
The final ranking of CMs should be determined by averaging ranks assigned by
each panelist rather than averaging the panelists scores. This serves to reduce the
influence of any one member of the panel and to ensure that the relative best of the
proposals are identified. The CM proposal with the best average numerical ranking
should be selected as the finalist to proceed to the next steps of submitting a cost
proposal and negotiating the work effort.
In some cases, more than one respondent may appear qualified, and interviews or
oral presentations may be the only appropriate method to differentiate between the
top respondents. Interviews should be scheduled to provide the respondents with
the best opportunity to show their capabilities. Questions should be formulated
in advance by the selection committee to clarify points in the RFP response and
to stimulate contrasting views among the respondents. Since the Owner will be
placing the fate of the project into the hands of the CM, the compatibility between
the goals and culture of the CM and those of the Owner is a critical consideration.
On large or complex projects, where the competition is close, two or more rounds
of interviews may be necessary (keeping in mind, however, that preparing for
interviews can be extremely costly for a consultant).
Price as a Part of the Proposal. As is the case with any professional service
contract, the issue of price should not enter into the ranking of CM firms based on
their qualifications. The selection committee should keep in mind that the CM will
be a trusted part of the Owners project team and that the most important factors
are the capabilities of the selected CM.
Some Owners will request a cost proposal as a part of the RFP. This can be useful
in evaluating the thought given to the approach to the project and the proposers
organization for it. Price proposals included as part of the RFP response may also
save time in the negotiation of the agreement.
Unless the RFP is extremely detailed and specific on the issues of cost, the total costs
of two proposals will probably not be comparable. Scopes of work as envisioned
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by each proposer may not be the same, particularly in assumptions about staffing
levels. Qualifications of personnel may be sufficiently different to cause significant
difference in price as well as level of service. Costs or multipliers (of cost) may be
structured so as to appear lower than they effectively are. One proposers direct cost
may be included in the multiplier or assumed to be furnished by others. In essence,
costs in the proposal stage are very soft numbers and should be analyzed in detail
and with great care before comparisons are made.
When price proposals are solicited with the RFP, they may be required to be
submitted in a separate, sealed and labeled envelope to be opened only when the
qualifications-based selection phase has been completed.
Decisions made and approaches discussed at this time will ultimately affect the
success or failure of the project. Definition of necessary tasks and the application of
estimated labor and expense to each task is an efficient way to develop a budget. To
be addressed in the scope of services are:
The scope of services should include deliverables or other tangible methods for
measuring performance. Where applicable, physical examples of reports or other
expected outcomes should be included or referenced. CMAAs Construction
Management Standards of Practice is not intended to be a scope statement in
support of a contract, but it provides information about the functions typically
provided bya CM.
The Owner and the selected CM should jointly, through negotiation, agree on a
final scope of services based on the selected CMs scope proposal and designed to
support the timely delivery of the project. Development of a CM budget grows out
of this scope and is the first step in the detailed planning of the project.
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If the Owner and the most qualified CM are not able to reach agreement on price
and scope, negotiations are commenced with the next qualified firm.
Salaries are the actual salaries of the individuals working on the project. Direct
expenses are the necessary and ordinary expenses associated with the CMs
performance. These may include items ranging from paper and pens, to automobiles,
travel, separate offices, furniture, computers, software, etc. Some Owners may
provide office space or buy some equipment for the use of the CM during the
project to avoid lease payments. Some direct expenses may be avoided by use of
Ownerassets.
Billing Rates. An alternative to the use of salary times multiplier is the use of
classified billing rates. These rates are typically based on average salaries for a
specified range of employee skills, experience and education. An amount of money
is added based on the CMs overhead and profit multiplier and the resultant sum is
used for all individuals in that classification. The classifications have to be carefully
defined to avoid confusion.
Cost Plus Fixed Fee. Some payment arrangements fix the amount of fee (profit)
that the CM will be paid to a lump sum. These arrangements also spell out how
and in what increments the fee will be paid. The CM is paid actual salaries times a
multiplier to cover all overhead costs and a separate lump sum as profit. The Owner
should recognize that payment of the fee should be related to time, progress or
otherfactors.
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For example, a greater effort may be required for a smaller dollar value project due
to technical complexity or schedule compression.
They provide the most detailed specification of the duties of the CM.
The Owner-CM agreement is fully integrated with the Owner-Designer,
General Conditions and Owner/CM-Contractor agreements.
Use of standard forms increases the predictability of project outcomes, increases
the consistency of pricing, and simplifies management. The forms are regularly
updated and maintained consistent with the industry practice. Standard forms may
be modified as required by the project or the Owners needs, but such modifications
should be undertaken only with the advice of an attorney knowledgeable of the
forms and the implications of changes to them.
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5.0 CMAA Publications
Additional information on construction management such as services provided,
definitions, and procedures may be obtained from the CMAA. Following is a list of
pertinent available publications:
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6.0 Choosing the Best
Delivery Method for Your Project
An Owner embarking on a construction project must make an important decision
regarding the method by which the project is designed and constructedthe project
delivery method. This decision has become more difficult in recent years as several
alternative delivery methods have been developed to address weaknesses in the
traditional design-bid-build scenario. Methods that have gained in popularity
include at-risk construction management, fast-track construction, multiple prime
contractors, and design-build. Proponents of particular alternative methods promise
improvements over the traditional system in terms of cost, project control and
reduction in disputes.
For the Owner, the wealth of choices can be both good and bad. The downside is
that with the variety of delivery systemsalong with the accompanying assurances
of the superiority of one method over othersconfusion can be inevitable. The good
news is the increased number of alternatives offers the Owner or developer more
flexibility to choose an appropriate and effective system for its particular project.
Budget. The Owner has an obvious need to determine a realistic budget before
design to evaluate project feasibility, to secure financing, and as a tool to choose
from among alternative designs or site locations. Once the budget is determined,
the Owner requires that the project be completed at or near the established figure
without excessive overruns.
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Design. Of foremost importance to the Owner is that the desired facility function
as envisioned, that the design program successfully fulfill the needs of the Owner
and users. Therefore, an Owner requires that its design team be well qualified in the
type of facility being designed. In addition, the Owner must ensure that the Owners
and users program needs are clearly conveyed to the design team. Since the design
of the facility actually must be buildable and properly communicated in order to be
useful, the Owner requires that the design documents are constructible, complete,
and coordinated. The documents should properly incorporate unique features of the
site to include subsurface conditions, interface with adjoining properties, access,
and other characteristics.
Schedule. The Owner has similar needs in the area of scheduling. The date of
completion of a new facility can be critical, either in terms of generating revenue
from the facility, or in terms of providing needed functional space by a particular
deadline. Therefore, a realistic assessment of project duration and sequencing
needs to be performed early in the planning process. The schedule should then be
monitored throughout design and construction.
Owners Level of Expertise. The Owners familiarity with the building process
and level of in-house management capability will have a large influence over the
amount of outside assistance required during the process and may guide the Owner
in determining the appropriate project delivery system.
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Once completed, the design package is presented to interested general contractors
(GC), who prepare bids for the work, and execute contracts with subcontractors
to construct various specialty items. In many cases, the contractor submitting the
lowest responsive bid is selected to perform the construction. This contractor is
then responsible for constructing the facility in accordance with the design. The
designer typically maintains limited oversight of the work and responds to questions
about the design on behalf of the Owner. The designer may also assist the Owner
in administering the construction contract, including determination of project
progress, for interim payments made to the contractor.
This contracting system offers the advantage of being widely applicable, well
understood, and with well-established and clearly defined roles for the parties
involved. It is the most common approach for public Owners having to comply
with state procurement statutes. Furthermore, it offers the Owner a significant
amount of control over the end product, particularly since the facilitys features are
fully determined and specified prior to selection of the contractor. However, many
construction Owners have experienced a variety of frustrations using this system,
leading to the development of other methods.
The Owner generally faces exposure to contractor claims over design and
constructibility issues since the Owner accepts liability for design in its contract
with the contractor.
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Other methods include unit-price contracting, which is generally limited to
projects that can be easily divided into small work units and quantified prior to
construction. This is commonly found in heavy construction projects. At the other
end of the spectrum is cost-plus contracting, generally used in circumstances where
there is such high risk or variability in the work that preparing a responsible bid
isimpossible.
When allowed, many Owners make some effort to pre-qualify contractors, either
through invitation, or through an objective set of criteria considering construction
experience and financial capability. Doing so helps assure the Owner that the
contractor is capable of providing a high-quality product. Once the field of bidders
is established, an Owner bidding a lump-sum project may choose to require sealed
bids, wherein the lowest responsible bidder will earn the right to perform the work.
However, many private colleges and universities prefer to negotiate bids with
preselected GCs. This can be an especially powerful technique if the Owner
considers qualifications, history of claims and experience in related work along with
price in its evaluation. What the Owner should really be seeking is the best value
for its money, not necessarily the lowest initial cost. Through a careful negotiation
or contractor evaluation, the Owner can maintain the maximum amount of control
over the resulting construction portion of the project.
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The primary disadvantages cited in the CM-At-Risk system involve the contractual
relationship among designer, CM and owner once construction begins. Once
construction is underway, the CM converts from a professional advisory role of the
construction manager to the contractual role of the general contractor. At that time,
tensions over construction quality, the completeness of the design, and impacts to
schedule and budget can arise. Interests and stake holding can become similar to
the traditional design-bid-build system, and adversarial relationships may result.
While the fixed GMP is supposed to address the remaining unfinished aspects of
the design, this can in fact increase disputes over assumptions of what remaining
design features could have been anticipated at the time of the negotiated bid.
One mitigating approach to this problem is for the CM to share with the owner its
subcontractor bids, to ensure openness in the process. The CM may further assume
risk by taking some responsibility for design errors discovered during construction,
if it was involved in the review of the design prior to establishing the GMP. In
addition, arrangements can be made regarding risk sharing and profit sharing if
there are over-runs or under-runs in the GMP.
An owner wishing to use the construction management at-risk approach can realize
many benefits. Chief among them are the opportunity to incorporate a contractors
perspective and input to planning and design decisions and the ability to fast-track
early components of construction prior to full completion of design. However, since
a commitment is made to a contractor earlier in the process, a premium is placed on
the proper selection of the CM to provide the best value to the owner.
This system, which many Owners are required to use, gained favor in part as another
method of fast-tracking construction. Work in each construction discipline is
bid separately, allowing the flexibility of awarding construction contracts on the
first portions of the project as soon as the respective aspect of design is completed.
This fast-track approach appears to be a highly desirable feature of this method of
procurement in cases where time of performance is a critical element.
Furthermore, the system allows the Owner to have more control over the project
schedule, since the Owner sets the schedule for bidding individual portions of
the work. For example, if an initial phase of construction (such as foundation
construction) is delayed, the Owner may reduce liability for delays by postponing
the bidding of follow-on work. Another advantage of this system is that the Owner
can realize savings by directly procuring major material items, such as structural
steel or major mechanical equipment, avoiding contractor mark-ups.
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However, the very nature of this system causes its primary disadvantages. First, the
final cost of the project is not known until the final prime contract is procured. In
addition, there have been numerous cases where this method did not work well due to
the absence of overall authority and coordination once construction is underway. The
problems primarily arise from lack of coordination and contractor delay issues. While
the general construction prime contractor is often given contractual responsibility
to coordinate the work among trades, including schedule, this contractor lacks the
contractual authority to dictate the schedule of anothercontractor.
Under this system, the Owner contracts with a D-B team, which is often a joint
venture of a general contractor and a designer. Since GCs are comfortable in the
role of risking corporate capital in performing projects, they usually are the lead
members of this sort of team. One variation of the typical D-B team structure,
known as fee-paid developer, involves the Owner engaging a developer, which then
selects its own designer and contractor partners. However formulated, the D-B team
performs the complete design of the facility, usually based on a preliminary scope or
design presented by the Owner.
At some point early in the process, the D-B team will usually negotiate a fixed price
to complete the design and construction of the facility. Once underway, the D-B
team is then responsible for construction of the project, and for all coordination
between design and construction. Since the construction team is working together
from the outset, D-B offers the opportunity to save time and money. However, the
advantages of the system are offset by a significant loss of control and involvement
by the Owner and stakeholders. Accordingly, it is difficult for the Owner to verify
that it is receiving the best value for its money, without a great deal of confidence
in the D-B team.
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The primary caution for an Owner considering D-B is that it considers the level of
involvement it requires for a successful project. First, the Owner needs to recognize
the effort and completeness that must be behind its initial scope/preliminary design
which forms the basis of its contract with the design-builder. Often, the Owner
will require needs additional consultants to help it develop its scope or preliminary
design, in the role of a traditional design firm.
Owners with highly specialized program needs or desires may not find it advantageous
to turn over responsibility to an outside team, without ensuring adequate levels
of oversight and communication. For example, a government Owner constructed
a high-technology research facility involving highly specialized equipment using
D-B. During project development, the D-B team made several key design and
equipment selection decisions without full involvement of the Owner, resulting in
an unsatisfactory facility that required costly changes.
With this lesson in mind, it appears that D-B is best suited to conventional projects
for which project requirements can be clearly defined and for which expertise is
widely available. For example, an office facility might be a project ideally suited for
D-B. In a project of this type, the Owner is not assuming undue risk in conceding
control over the project, and may benefit from the advantages of D-B.
Another primary consideration for the Owner is proper selection of the D-B team.
Since the Owner selects a team that has been created prior to selection, it may
be difficult for the Owner to maintain the proper balance of design expertise,
financial capability, construction experience, and experience in D-B team roles.
In particular, the Owner should strongly favor D-B teams with a successful track
record working together on previous projects in the same D-B roles. More so than
in any other delivery system, the success of a D-B project may hinge on the initial
selectionprocess.
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concerning the construction project. As such, ACM firms should be selected based
on qualifications, and not on a cost or low-bid basis.
In fact, an ACM is often most cost effective during the planning stages of the project,
since the ACM firms can provide the careful planning and organization skills that
can help prevent costly problems during construction. Properly executed services
such as constructibility reviews and preliminary scheduling can result in significant
risk reduction and cost savings many times initial cost in terms of limiting change
orders, delays, and contractor claims. Here the Owners can maximize the benefits of
CM in a professional advisory role throughout the design and construction process
because the CM has no stake in the construction contracting.
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Construction Phase: ACM firms provide a variety of services during construction,
including the following:
The most frequently cited criticism of ACM services is that the CM adds a level of
bureaucracy to a project, resulting in added cost. While it can be argued that such
costs may actually reduce overall project costs, it should be noted that an Owner
can realize the benefit of the ACM services without necessarily committing to large
increases in expense by supplementing its own project management as necessary and
selecting ACM on a service-specific basis.
The Owner has the option of tailoring its use of ACM services to its needs in order
to provide the best combination of project control and cost. For example, many
Owners have a large contingent of inspection personnel, but may lack sufficient
management experience to enact effective project cost controls. Or, an Owner may
wish to have more construction knowledge built into the design process by engaging
an ACM firm to perform a value engineering or constructibility review. An Owner
may also desire enhanced scheduling expertise in coordinating its various designers
and contractors for a multiple-phase effort.
Other Owners may be very comfortable with their design team, but may need
assistance in finding qualified contractors to perform the work. Many Owners use
an ACMs construction closeout services to resolve intractable problems on projects
which degenerate due to disputes with a contractor over schedule and delay issues.
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Recommendations and Conclusion
Clearly, there is no one right project delivery method for a given project. All of
the methods discussed have been used successfully, and have weaknesses which
can limit their success. The following considerations should guide the Owner in
selecting the proper delivery method:
Type of Project: The Owner should gauge the level of complexity and
uniqueness of the project, and maintain an appropriate level of control.
Size of Project: The amount of outside assistance and number of project
participants should match the significance of the project. Obviously, the
more complex and costly a project, the greater the need for professional
management and advice.
Owner Capabilities: The Owner should realistically assess its own in-house
capabilities in evaluating project procurement methods.
Time Considerations: If the project needs to be constructed in a severely
compressed time limit, methods adaptable to fast-track construction should
be considered. However, the Owner must weigh the need for the compressed
time limit against the increased cost and risk of fast tracking.
Likelihood of Changes: If the Owner is aware that its requirements may
change considerably during the project, this should be evaluated against the
potential cost of such changes. For example, a D-B team may present the
most fluid method of incorporating changes during construction, but those
changes may come at a higher cost than through other methods.
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7.0 Code of Professional Ethics
for the Construction Manager
Since 1982, the Construction Management Association of America (CMAA) has
taken a leadership role in regard to critical issues impacting the construction and
program management industry, including the setting of ethical standards of practice
for the Professional Construction Manager.
The Board of Directors of CMAA has adopted the following Code of Professional
Ethics of the Construction Manager (CODE) which applies to CMAA members in
performance of their services as Construction and Program Managers. This Code
applies to the individuals and to organizations who are members of CMAA.
1. Client Service. I will serve my clients with honesty, integrity, candor, and
objectivity. I will provide my services with competence, using reasonable
care, skill and diligence consistent with the interests of my client and the
applicable standard of care.
2. Representation of Qualifications and Availability. I will only
accept assignments for which I am qualified by my education, training,
professional experience and technical competence, and I will assign staff to
projects in accordance with their qualifications and commensurate with the
services to be provided, and I will only make representations concerning my
qualifications and availability which are truthful and accurate.
3. Standards of Practice. I will furnish my services in a manner consistent
with the established and accepted standards of the profession and with the
laws and regulations which govern its practice.
4. Fair Competition. I will represent my project experience accurately to
my prospective clients and offer services and staff that I am capable of
delivering. I will develop my professional reputation on the basis of my
direct experience and service provided, and I will only engage in fair
competition for assignments.
5. Conflicts of Interest. I will endeavor to avoid conflicts of interest; and
will disclose conflicts which in my opinion may impair my objectivity
orintegrity.
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6. Fair Compensation. I will negotiate fairly and openly with my clients in
establishing a basis for compensation, and I will charge fees and expenses
that are reasonable and commensurate with the services to be provided and
the responsibilities and risks to be assumed.
7. Release of Information. I will only make statements that are truthful,
and I will keep information and records confidential when appropriate and
protect the proprietary interests of my clients and professional colleagues.
8. Public Welfare. I will not discriminate in the performance of my services
on the basis of race, religion, national origin, age, disability, or sexual
orientation. I will not knowingly violate any law, statute, or regulation in
the performance of my professional services.
9. Professional Development. I will continue to develop my professional
knowledge and competency as Construction Manager, and I will contribute
to the advancement of the construction and program management practice
as a profession by fostering research and education and through the
encouragement of fellow practitioners.
10. Integrity of the Profession. I will avoid actions which promote my own
self-interest at the expense of the profession, and I will uphold the standards
of the construction management profession with honor and dignity.
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8.0 How To Select a Construction Manager
CMAA recommends a systematic approach to selecting a construction manager,
based on an objective evaluation of the qualifications of competing firms, coupled
with a clear expression of the owners expectations and desires. An effective selection
process should include the following steps. (State and local laws may govern parts of
the selection process, so this outline is intended only as a general guide.)
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7. Proposals. Firms judged to be qualified should be invited to submit a
Technical Proposal. Your Request for Proposals (RFP) should provide
enough project detail to enable bidders to offer specific information
about their approach, experience, and resources. You may opt to include
a mandatory proposal outline to which bidders must adhere, or to place a
maximum length limit on proposals. Many selection committees also find
it appropriate to ask bidders for separate financial proposals, which are not
opened and compared until bidders have already been ranked based on their
technical proposals.
8. Evaluate bidders. Compare and judge technical proposals with the goal of
ranking bidders in numerical order. Several bidders may appear qualified for
the work, and you may wish to interview the top candidates. When a final
numerical ranking of bidders has been compiled, open and compare the
financial proposals. Bear in mind, however, that budget and cost numbers
at this stage are very soft, subject to detailed negotiation as part of a final
contract process.
9. Finalize scope of services and cost. CMAAs CM Standards of Practice
can be used as a general guide to the functions typically provided by a
CM. The owner and CM should, through negotiation, agree on a final
scope of services based on a scope proposal submitted by the selected CM.
This document should include deliverables or other tangible methods for
measuring performance. The Scope of Services will also serve as the basis for
development of a project CM budget.
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Glossary of CM Terms
A supplement to documents, issued prior to taking receipt of bids,
A
Addendum:
for the purpose of clarifying, correcting, or otherwise changing bid documents
previously issued.
Additional Services: Services provided in addition to those specifically
designated as basic services in the agreement between the owner and CM. Also
known as Supplemental Services.
Agency: A legal relationship by which one party is empowered and obligated to
act on behalf of another party.
Agency CM: A professional service that can be applied to all delivery systems
where the CM acts as the owners principal agent in the management of a
construction project or program, where the CM is responsible to the owner for
managing the planning, design, construction and post construction phases, or
portions thereof. The CM represents the interests of the owner in its dealings
with other construction professionals, and with other private and public entities.
Agreement: A document setting forth the relationships and obligations between
two parties, as the CM and owner or contractor and owner. It may incorporate
other documents by reference.
Apparent Low Bidder: The bidder who has submitted the lowest bid
for a division of work described in bid documents, a proposal form, or
proposedcontract.
Approved Bidders List: The list of contractors that have been prequalified for
the purpose of submitting responsible, competitive bids.
Approved Changes: Changes in the contract documents that have been
subjected to an agreed upon change approval process and have been approved
bythe party empowered to approve such changes. See Also: Change Order
As-Built Drawings: Drawings (plans) that show the work, as actually installed.
Also known as Record Drawings.
At-Risk CM: A delivery method which entails a commitment by the CM for
construction performance to deliver the project within a defined budget and
schedule. The CM acts as a consultant to the owner in the Pre-Design and
Design phases, but as the legal equivalent of a general contractor during
the Construction Phase. When a CM is bound to a price, either fixed or a
Guaranteed Maximum Price (GMP), the most fundamental character of the
relationship is changed. In addition to acting in the owners interest, the CM
also protects its own interests.
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Basic Services: Scope of service as defined in the original agreement between
B owner and CM as basic services.
Beneficial Occupancy: The use of the constructed facility by the owner prior to
final completion or acceptance of the construction.
Bid: An offer to perform the work described in contract documents at a
specifiedcost.
Bid Bond: A pledge from a surety to pay the bond amount to the owner in the
event the Bidder defaults on its commitment to enter into a contract to perform
the Work described in the Bid Documents for the bid price.
Bid Documents: The documents issued to the contractor(s) by the owner
which describe the proposed Work and contract terms. Bid documents typically
include: drawings, specifications, contract forms, general and supplementary
general conditions, proposal or bid forms, and other information.
Biddability: The degree to which a set of Bid Documents could be reasonably
expected to permit a bidder to establish a competitive price to perform the Work
as defined in the Bid Documents.
Biddability Review: A formal review of the contract documents, addendum,
and reference documents to eliminate ambiguities, errors, omissions, and
contradictions, to be accomplished with respect to the local construction
marketplace and the bid packaging strategy; for the purpose of minimizing bid
prices in the procurement phase and disputes during construction.
Bond: A pledge from a surety to pay the bond amount to the Obligee (owner or
contractor) in the event of a default, or non-payment by a principal (contractor or
subcontractor), as with Bid, Performance and Labor and Material Bonds.
Bonus: Additional compensation paid or to be paid to a contractor by the owner
as a reward for accomplishing predetermined objectives that are over and above
the basic requirements of the contract between the owner and contractor.
Budget: The dollar and time amount allocated by the owner for a project.
Budget Estimate: An estimate of the cost of work based on preliminary
information, with a qualified degree of accuracy.
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A written agreement or directive between contracted parties
C
Change Order:
which represents an addition, deletion, or revision to the contract documents,
identifies the change in price and time and describes the nature (scope) of the
work involved. Also known as Contract Modifications.
Changed Conditions: Conditions or circumstances, physical or otherwise,
which alter the conditions or circumstances on which the contract documents
were based.
Claim: A formal demand for compensation, filed by a contractor or the owner
with the other party, in accordance with provisions of the contract documents.
CM Fee: A form of contractual payment for services, where the CM is paid a fee
for services performed.
Commissioning: A quality-oriented, systematic process for achieving, verifying,
and documenting that the performance of facility systems and assemblies meets
defined Owner objectives and criteria.
Constructibility: The ease with which a project can be built, based upon the
clarity, consistency, and completeness of the contract documents for bidding,
administration, and interpretation to achieve overall project objectives.
Constructibility Reviews: The process of evaluating the construction
documents for clarity, consistency, completeness, and ease of construction to
achieve overall project objectives.
Construction Budget: The sum established, normally during the planning or
design phase, as available for construction of the project.
Construction Cost: All costs attributed to the construction of the project,
including the cost of contracts with the contractor(s), construction support items,
general condition items, all purchased labor, material and fixed equipment. See
Also: Cost of Construction
Construction Management: A professional management practice consisting
of an array of services applied to construction projects and programs through
the planning, design, construction and post construction phases for the purpose
of achieving project objectives including the management of quality, cost, time
andscope.
Construction Manager: A provider of professional construction management
services, the Construction Manager (CM) acts as an extension of staff to the
Owner and manages the entire project with pre-planning, design, construction,
engineering and management expertise that can assure the best possible project
outcome no matter what type of project delivery method used.
Contingency: An amount of money reserved by the owner to pay for unforeseen
changes in the work.
Contract Modifications: A written agreement or directive between contracted
parties which represents an addition, deletion, or revision to the contract
documents, identifies the change in price and time and describes the nature
(scope) of the work involved.
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A schedule representing important events along
C
Critical Date Schedule:
the path to project completion. All milestones may not be equally significant.
The most significant are termed major milestones and usually represent the
completion of a group of activities. See Also: Milestone Schedule
Critical Path Method (CPM): A management technique used to plan and
control a project which combines all relevant information into a single
plan defining the sequence and duration of operations, and depicting the
interrelationship of the Work elements required to complete the project. The
critical path is defined as the longest sequence of activities in a network which
establishes the minimum length of time for accomplishment of the end event of
the project. Arrow Diagramming Method (ADM) and Precedence Diagramming
Method (PDM) are both common techniques used in CPM scheduling.
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The current estimate of the remaining costs to be
E
Estimated Cost to Complete:
incurred on a project at a specific point in time.
Estimated Final Cost: The anticipated cost of a project or project element when
it is complete. The sum of the cost to date and the estimated cost to complete.
H
I
J
K
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A claim, encumbrance, or charge against or an interest in property to
L
Lien:
secure payment of a debt or performance of an obligation.
Life Cycle Cost: Life cycle costs include all costs incident to the planning,
design, construction, operation, maintenance and demolition of a facility, or
system, for a given life expectancy, all in terms of present value.
Liquidated Damages: An amount of money usually set on a per-day basis,
which the contractor agrees to pay the owner for delay in completing the Work
in accordance with the contract documents.
Long-Lead Items: The identification given to material and equipment having an
extended delivery time and which may be considered for early procurement and
purchase. Items which would be delivered too late for timely installation if their
procurement or purchase were included as part of the procurement for the entire
contract or project.
Long-Lead Time: The time interval between purchase and delivery of long
leaditems.
Low Bidder: The bidder who has submitted the lowest bid, which is determined
to be responsive and responsible for a division of work described in a bid
document, proposal form or contract.
Lump Sum Fee: A fixed amount that includes the cost of overhead and profit paid,
in addition to all other direct and indirect costs of performing work.
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A form of construction management
O
Owner Construction Management:
that does not use an independent or outsourced construction management
organization as a team member. The owner performs all required construction
management services with in-house staff.
Owners Representative: The individual representing the owner on the
projectteam.
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Project Budget: The sum or target figure established to cover all the owners
P costs of the project. It includes the cost of construction and all other costs such
as land, legal and professional fees, interest, and other project related costs.
Project Cost: The actual cost of the entire project.
Project Management: As applied to a construction project, the use of
integrated systems and procedures by the project team to accomplish
design and construction. Project management is an integral function of
constructionmanagement.
Project Procedures Manual: A detailed definition of the project team
responsibilities and authority, project systems, and procedures.
Project Team: Initially consists of the owner, designer, and CM. Thereafter, as
prime construction contractors are engaged they are added to the team.
Project Team Meeting: A meeting dedicated to all aspects of the project,
involving the project team members (owner, designer, CM, contractor(s)).
Punch List: A list made near the completion of the construction work indicating
items of work that remain unfinished, do not meet quality or quantity
requirements as specified or are yet to be performed by the contractor prior to
completing the terms of the contract.
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Drawings (plans), prepared after construction is complete
R
Record Drawings:
that represent the work, accomplished under the contract.
Recovery Schedule: The schedule that depicts action(s) and special effort(s)
required to recover lost time in the original Master Schedule. It can depict
activities of any member of the project Team.
Request for Change Proposal: A delineation and/or narrative issued by
the CM to the contractor that describes a proposed change to the contract
documents for purposes of establishing cost and time impacts. May also be
known as Bulletin, Request for Information, and Request for Quote.
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The date, certified by the designer or CM or
S
Substantial Completion:
both, that a contractor has reached that stage of completion when the owner
accepts use of the facility for its intended purposes, even though all work is
notcompleted.
Supplementary General Conditions: Additions and/or modifications
to the General Conditions, which are part of the Bid Documents and/or
contractdocuments.
U
Also known as Value Engineering.
V
Value Analysis:
Value Engineering: A specialized cost control technique, which utilizes
a systematic and creative analysis of the functions of a project or operation
to determine how best to achieve the necessary function, performance, and
reliability at the minimum life cycle cost.
X
Y
Z
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The most important driver of cost for capital
construction programs is how the program is
managed. CMAA/FMI 7th Annual Survey of Owners
CMAA is North Americas only organization dedicated exclusively to the interests of the
professional construction and program management industry.
This guide compliments of