9.2 Roles & Responsibilities of the CM

The role of the Construction Manager (CM) varies significantly depending on the project delivery method chosen by the owner. However, regardless of the delivery system, the core mission of the CM remains the same: to effectively manage the cost, time, quality, and safety of a construction project from its inception to completion.

Agency CM vs. CM At-Risk (CMAR)

The fundamental distinction in the CM profession lies in the assumption of risk and the contractual relationship with trade contractors.

Agency Construction Management (CMa)

In the Agency CM model, the CM acts as a principal agent and advisor to the owner. The CM does not perform any construction work and does not hold the contracts with the trade contractors (the owner holds these directly or via a general contractor). Because the Agency CM does not guarantee the construction cost or schedule and takes no financial risk for the construction performance, their role is purely advisory. They act as an extension of the owner's staff, providing objective, unbiased management and oversight.

Construction Management At-Risk (CMAR or CM/GC)

In the CM At-Risk model, the CM is engaged early to provide preconstruction advisory services, but transitions into the role of a general contractor once construction begins. Crucially, the CMAR holds the contracts with the trade subcontractors and assumes the financial risk of construction, typically by committing to a Guaranteed Maximum Price (GMP). While they act as an advisor during design, their interests during construction diverge from the owner's as they become financially liable for cost overruns and schedule delays.

The Fiduciary Duty

When acting in an Agency CM capacity, the CM owes a fiduciary duty to the owner. This is the highest standard of care in law or equity. A fiduciary must act with strict loyalty, good faith, and honesty, always prioritizing the principal's (owner's) interests above their own. They must disclose all relevant information, avoid conflicts of interest, and not profit secretly from the relationship. In CMAR, this fiduciary duty exists during preconstruction but is heavily modified or eliminated during construction due to the adversarial nature of a fixed-price or GMP contract.

Responsibilities by Project Phase

The CM's responsibilities evolve as the project progresses through its lifecycle.

1. Pre-Design Phase

The pre-design phase sets the foundation for project success. The CM's responsibilities include:

• Project Scope Definition: Assisting the owner in defining the project's goals, programmatic requirements, and constraints.
• Master Scheduling: Developing the initial milestone schedule for all phases (design, procurement, construction).
• Preliminary Budgeting: Establishing a conceptual budget based on historical data and parameter estimating.
• Team Selection: Assisting in drafting RFQs/RFPs and selecting the design team (architects/engineers).

2. Design Phase

During design, the CM performs intensive constructability reviews and cost control to ensure the design remains within budget.

• Design Reviews: Reviewing schematic design, design development, and construction documents for clarity, constructability, and missing scope.
• Value Engineering (VE): Leading VE workshops to identify alternative materials or systems that reduce life-cycle costs without sacrificing quality or functionality.
• Cost Estimating: Providing detailed estimates at milestone design deliverables (e.g., 30%, 60%, 90% CDs) to track against the budget.
• Bidding Strategy: Developing trade packages, identifying long-lead items, and formulating a procurement plan.

3. Procurement (Bidding) Phase

The CM manages the complex process of securing contractors to build the project.

• Bid Document Preparation: Ensuring front-end documents (general/supplementary conditions) are integrated with technical specifications.
• Pre-Bid Conferences: Conducting meetings and site walk-throughs for prospective bidders.
• Bid Evaluation: Analyzing bids for responsiveness, scoping out low bidders to ensure no missing scope, and recommending contract awards to the owner.

4. Construction Phase

This is the execution phase where the CM monitors and controls the work.

• Schedule Management: Updating the master schedule, monitoring contractor progress, and implementing recovery plans if delays occur.
• Cost Management: Reviewing and recommending approval of contractor payment applications, managing the contingency fund, and controlling changes.
• Quality Assurance: Implementing the QA/QC plan, coordinating independent testing and inspections, and monitoring contractor quality.
• Document Control: Managing Requests for Information (RFIs), submittals, shop drawings, and maintaining the project record.
• Safety Oversight: While contractors are responsible for safety means and methods, the CM monitors the overall site safety program and coordinates multi-employer safety efforts.

5. Post-Construction Phase

The CM ensures a smooth transition to occupancy.

• Punch List Management: Coordinating the final inspection and ensuring all defective or incomplete work is rectified.
• Closeout Documents: Collecting and turning over O&M manuals, warranties, and as-built drawings to the owner.
• Commissioning Support: Coordinating the testing and commissioning of building systems.
• Final Payment: Recommending final payment and release of retainage once all contractual obligations are met.

By executing these responsibilities with diligence and expertise, the CM adds immense value, guiding the owner through the complexities of design and construction.