INTRODUCTION
David Wedge
State Department of Education
Getting Started:
Project Delivery Systems
Relationship Systems
Multiple Contractor Model
Owner
Architect
Trade
Contractor
Trade
Contractor
Trade
Contractor
Construction Manager as
Constructor Model
Owner
Architect
Construction
Manager-At-Risk
Trade Contractor(s)
Material
Vendors
Other Supplies
# 512375
Construction Manager as
Advisor Model
Owner
Trade
Contractor(s)
Architect
Construction
ManagerAdvisor
Getting Started:
Project Delivery Systems
Compensation Systems
Guaranteed Maximum Price Model
+ Contractor Incentive
to Minimize Costs
+ Budgeting
+ Owner Benefits from
Cost Savings
- Monitor Expenses
- Contractor Incentive
to Cut Corners
- Near-Complete Plans
Lump Sum Model
+ Contractor Incentive
to Minimize Costs
+ Budgeting
+ Little Monitoring
- Contractor Incentive
to Cut Corners
- Near-Complete Plans
Cost Plus Fee Model
+ Benefit from Cost
Savings
+ Contractor
Engagement Early in
Process
+ No Corner-Cutting
- No Contractor
Incentive to Manage
Costs
- Requires Intensive
Owner Oversight
The AIA Contracts
The AIA Contracts used to develop the
Standard School Construction Contracts
Owner-Architect Agreements
● B101- 2007
Standard Form of Agreement Between Owner and
Architect
● B141/CMa-1992
Standard Form of Agreement Between Owner and
Architect where the Construction Manager is not a
Constructor
Owner-Contractor/Construction Manager Agreements
● A101-2007
Standard Form of Agreement Between Owner and Contractor where
the basis of payment is a stipulated sum
● B801 CMA-1992
Standard Form of Agreement Between Owner and Construction
Manager where the Construction Manager is not a Constructor
● A121/CMc-2003 and AGC Document 565
Standard Form of Agreement Between Owner and Construction
Manager where the Construction Manager is also the Constructor
General Conditions
● A201-2007
General Conditions of the Contract for Construction
● A201/CMa-1992
General Conditions of the Contract for Construction where the
Construction Manager is not a Constructor
The AIA Contracts
Correlation of the AIA Contracts to Project
Delivery Systems
Multiple Contractor Model
● B101- 2007
Standard Form of Agreement Between Owner and
Architect
● A101-2007
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a stipulated
sum
● A201-2007
General Conditions of the Contract for Construction
Construction Manager as
Constructor Model
● B101- 2007
Standard Form of Agreement Between Owner and
Architect
● A121/CMc-2003 and AGC Document 565
Standard Form of Agreement Between Owner and
Construction Manager where the Construction
Manager is also the Constructor
● A201-2007
General Conditions of the Contract for Construction
Construction Manager as
Advisor Model
● B141/CMa-1992
Standard Form of Agreement Between Owner and Architect
where the Construction Manager is not a Constructor
● B801 CMA-1992
Standard Form of Agreement Between Owner and Construction
Manager where the Construction Manager is not a Constructor
● A101-2007
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a stipulated sum
● A201/CMa-1992
General Conditions of the Contract for Construction where the
Construction Manager is not a Constructor
Mandated and Key
Provisions
B101-Based
Standard School Construction Contract
Between Owner and Architect
Section 2.2
“Standard of Care”
“The Architect shall be responsible for the performance
of the Architect’s Services as an independent contractor
and in a good and workmanlike manner consistent with
this Agreement, with the highest prevailing applicable
professional or industry standards, skill and care, and
with sound architectural practices…All references in this
Agreement or in the Contract Documents to the
knowledge, inference, reliance, awareness,
determination, belief, observation, recognition or
discovery of the Architect or reference to any similar term
shall include the constructive knowledge…the Architect
would have obtained upon the exercise of the Architect’s
Standard of Care.”
Section 2.3.1 and 2.3.2
“The Conditions”
§ 2.3.1 The “Conditions” are all statutory and regulatory
requirements and guidelines imposed on the Project by
the Agencies, as defined in Subsection § 2.3.2.
§ 2.3.2 The “Agencies” are the Department of Education
of the State of Connecticut (the “Department”) and all
other governmental authorities having regulatory or
administrative jurisdiction over the Project and third party
non-governmental entities who may be providing
certification related to the Project’s energy and
environmental design.
Sections 2.3.2 and 3.1.5
Conferring with the SDOE
§ 2.3.2 The Architect understands that
performance of the Architect’s Services will
require communication with the Agencies…and
the Architect will, at no additional cost to the
Owner, so communicate….
§ 3.1.5 The Architect shall, at appropriate times,
consult with those of the Agencies whose
approval of the Construction Documents is
necessary for the successful funding and the
completion of the Project and with the entities
providing utility services to the Project.
Section 3.2
Pre-Approval Services
§ 3.2 PRE-APPROVAL SERVICES
§ 3.2.1 The Architect shall assist the Owner to develop its
Educational Specifications, preliminary cost estimates, and
other submittals the Owner must produce to become eligible
for funding from the State of Connecticut. Such assistance
shall include [TBD]
§ 3.2.2 The Architect shall assist the Owner to secure funding
of the local share of the Project costs. Such assistance shall
include developing preliminary cost estimates, [TBD]
§ 3.2.3 The Architect shall assist the Owner to develop its
application for funding from the Department. Such assistance
shall include [TBD]
Section 3.6.1
SDOE Approval Before Bidding
“The Bidding Phase shall commence upon
written notice from the Owner to the
Architect.”
Section 3.7.6.6
SDOE Audits
“Upon request of the Owner, the
Architect will cooperate and assist the
Owner and the Department during any
audit of the Project as conducted by
the Owner or the Department at any
time after Substantial Completion.”
Section 6.1
Increases in Prices of Materials
“For the purposes of calculating the
Architect’s compensation only, the Cost of
Work shall not be raised on account of
increased prices for construction
materials.”
Section 7.1
Ownership of Documents
“All plans, drawings, specifications…are
and shall be the property of the Owner and
the Department, free and clear of any
claim or retention of rights thereto by the
Architect and the Architect’s
subcontractors and consultants…[and]
cannot be used by the Architect…for any
purpose beyond the scope of this
Agreement without the prior written
consent of the Owner.”
Section 10.7
Confidentiality
“Any information obtained by the Architect
or the Architect’s subcontractors or
consultants that is designated by the
Owner in accordance with applicable law
as confidential shall not be disclosed to
any other parties without the prior written
consent of the Owner.”
Questions?