Construction Manager as Adviser Vs. Construction Manager as Agent - As they relate to Contracts and Obligations

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    Pierre Antounian

    Upon further reading, I’m seeing that there is in fact a C-132 Standard Form Of Agreement Between Owner and CM Adviser. I now understand that the A-132 is strictly between Owner and Contractor for the CM Adviser project delivery method.

    But my other questions still stand.

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    Pierre Antounian

    Maybe all the above can be better explained simply:
    CMa-Adviser
    Adviser is only contractually obligated to Owner. (Holds one contract).
    CMa-Agent
    Is the Agent in addition to being Contractually obligated to Owner, also Contractually obligated to both Architect and Contractor? (Holds 3 Contracts?)

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    Haytham Abdelrahman Abdelall

    Hi Pierre,

    Could you please explain more how CMa as a Agent holds 3 contract. My understanding is that CMa as a gent has no direct relationship with architect or contractor with the same contract configuration of CMa-adviser. The only difference is that CMa as a Agent has an additional fiduciary responsibilities like signing contracts and making financial decision on behalf of the owner.

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    Pierre Antounian

    Hi Haytham,
    I’m trying to understand the concept as well. I was looking at Figure 9.1 on AHPP on page 510.
    In CMa(Adviser) there is a hard line connecting Owner to CM. In the CMa (Agent) the three prime players (Arch/Owner/Contractor) each have a distinct hard line drawn to the CM Agent who sits in the middle of the triangle.
    Maybe I’m misreading the diagram but I was making an assumption that the hard lines represent Contractual Obligations.
    So, to answer your question, I’m not saying they are I am asking because I am not clear on the concept with regards to Contractual Obligations.
    I did not intend to make it appear that is what I thought. The diagram confused me and made me think there are three separate contracts, and that is why I asked because I am not sure. And I still don’t know if there is a separate AIA contract for CM agent.
    I hope that was clearer. I look forward to your thoughts and thank you for responding.

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    Haytham Abdelrahman Abdelall

    Hi Pierre,
    Yes, the diagram is quite confusing, my interpretation is that the line presents the relationships structure, not the contractual relationship. In CM-Agent the client authorize the CM-Agent to act on behalf of him for the financial decisions (decision-making authority), in other word, the client doesn’t need to communicate with any one rather than him. That’s why the diagram present him after the owner as if he’s the owner. See AHPP Pages 514 & 515
    I think AHPP is not comprehensive about the delivery methods, did you try CLARE Article (Understanding Project Delivery Methods)
    Let me know if you have need further question.

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    Pierre Antounian

    Hi Haytham,
    Thank you. I’ll read those pages again on AHPP. I do not know what CLARE article is, where can I find that?

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    Haytham Abdelrahman Abdelall

    https://www.passtheare.com/

    Navigate the above link for CLARE, let me know if you still have any other question.

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    Pierre Antounian

    Thank you Haytham!

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