EJCDC® Releases New 2023 Construction Manager at Risk Series

The Engineers Joint Contract Documents Committee (EJCDC®) has released a new series: EJCDC® 2023 Construction Manager at Risk Series. While the committee makes continuous updates to existing documents, this collection represents its first completely new series release in years.

The comprehensive new series consists of 27 documents, including contracts, bonds, contractor-procurement documents, and administrative forms, intended for use on projects in which the owner retains a construction manager at risk (CMAR) to provide preconstruction services and then construct the project.

EJCDC documents are the first choice, and most user-friendly, among standard documents for infrastructure and public works construction in the United States and are available to members of the National Society of Professional Engineers at a 50% discount.

"EJCDC continually updates existing document sets to reflect changing practices," said Rebecca Bowman, Esq., P.E., D.F.E., NSPE's Senior Director of Ethics and Professional Practice. "However, together with the Construction Manager as Advisor document set released in 2021, these completely new Construction Manager at Risk documents reflect significant changes in the way that business is being done and risk is being allocated. It is exciting to see how EJCDC adapts to changes in both procurement and performance practices."

The Construction Manager at Risk method of delivering projects evolved from traditional design-bid-build by involving the construction contractor early in the project. This method allows contractors to be more involved in the design phase of the project, and for years has a been popular choice for private-sector construction projects. In recent years, it has also gained favor on many public-sector projects. This new document series is suitable for use in both public and private work.

One of the core documents in the EJCDC CMAR Series is EJCDC® CMAR-525, Agreement between Owner and Construction Manager. This comprehensive agreement addresses the CMAR's compensation for providing services, as well as compensation for the construction itself, based on cost-plus fee contract principles.

The new documents emphasize the organization of the construction into distinct work packages and the use of fast-tracking through individual work authorizations. Comprehensive guidance on price scheduling and procedures, proposals and more can be found in CMAR-525, as well as CMAR-545, CMAR-400, CMAR-422, and throughout this robust series.

Standard General Conditions (CMAR-700) and Supplementary Conditions (CMAR-800) documents are based on their industry-standard counterparts in the EJCDC 2018 Construction Series documents, but have been customized to address the nuances of a CMAR project. Several other CMAR documents have also been modeled on the corresponding 2018 Construction Series forms.

The CMAR Series includes a standard Owner-Engineer agreement, CMAR-500, based on EJCDC's flagship professional services agreement, EJCDC® E-500 (2020), and tailored for use on a CMAR project. The EJCDC continues to publish and encourage the use of Owner-Engineer professional services and construction contract documents that fit the traditional design-bid-build framework in which the Engineer completes the design, the work is competitively bid by general contractors, and the design engineering firm provides construction contract administration service. The Construction Manager at Risk Series is offered for those projects where an alternative is appropriate- most notably when construction expertise is needed during the design phase, and fast-tracking of work packages will allow for early completion and cost-effective construction.

The Engineers Joint Contract Documents Committee (EJCDC®) is a joint venture of major organizations of professional engineers and contractors:

• the American Society of Civil Engineers (ASCE);
• the National Society of Professional Engineers (NSPE); and
• the American Council of Engineering Companies (ACEC).

Since 1975, EJCDC has developed and updated fair and objective standard documents that represent the latest and best thinking in contractual relations between all parties involved in engineering design and construction projects. Purchase EJCDC documents online at nspe.org/ejcdc.

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