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January 18, 2023

New Risk Management Documents Available from the Engineers Joint Contract Documents Committee (EJCDC)

The new 2023 Construction Manager at Risk document series is now available from the Engineers Joint Contract Documents Committee (EJCDC), a joint project of the leading engineering trade associations. The 27 new documents include contracts, bonds, contractor-procurement documents, and administrative forms, and are intended for use on projects in which the owner retains a construction manager at risk (CMAR) to provide preconstruction services and then construct a project.

The documents are available for purchase and download from EJCDC’s three sponsoring organizations: American Council of Engineering Companies, American Society of Civil Engineers, National Society of Professional Engineers, and at the EJCDC website (ejcdc.org).

The Construction Manager at Risk method of delivering projects evolved from traditional design-bid-build by involving the construction contractor early in the project. The CMAR delivery process adds value by

(1) having the contractor involved in the design phase of the project, by performing services such as constructability reviews, providing advice on material availability and selection, estimating and scheduling, assessment of risk factors and mitigating strategies, development of procurement strategies, and organization of the work into efficient work packages;

(2) taking advantage of opportunities for early procurement of materials and equipment, especially in volatile markets; and

(3) starting construction before the design of the entire project is complete (fast tracking).

The CMAR delivery method has been widely used on private-sector construction projects for many years and is currently also being used on many public-sector projects. The new EJCDC CMAR Series is suitable for both public and private work. The series features several documents used for the project owner’s selection of the CMAR, such as a model Request for Qualifications, Statement of Qualifications, and Request for Proposals.

The EJCDC CMAR selection process is flexible enough to allow either a purely qualifications-based selection, or a two-step process in which qualifications are used to establish a short-list of qualified CMAR candidates, which are requested to submit proposals that include prices for the CMAR Fee (which will be applied to the Cost of the Work) and for certain defined cost categories, such as Construction Support Costs (sometimes referred to as “general conditions costs”). EJCDC supports the price proposal process with standard spread sheets to be completed and submitted by the short-listed proposers.


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