Contract DocumentsContract Documents

Use of the Construction Manager as Constructor (CMc) family of AIA Contract Documents may be appropriate when the owner’s project employs a construction manager who will complete the construction and also provide construction management services. Under the Construction Manager as Constructor (CMc) approach, the functions of contractor and construction manager are merged and assigned to one entity that may or may not give a guaranteed maximum price (GMP), but which typically assumes control over the construction work by direct contracts with the subcontractors. Documents in the CMc family can be used on small to large private sector projects.

The two documents in the CMc family—AIA Document A133®–2009, Owner/CMc Agreement—Cost of Work Plus Fee with GMP, and AIA Document A134®–2009, Owner/CMc Agreement—Cost of Work Plus Fee without GMP—are coordinated for use with AIA Documents A201™–2007, General Conditions of the Contract for Construction, and B103™–2007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project.

See the list of AIA Contract Documents by family for information about document availability in AIA Contract Documents® software (for architects, attorneys, contractors, or owners or developers), in paper from local distributors, or from the Web-based AIA Documents on Demand® service.

A133–2009 (formerly A121CMc–2003), Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price
AIA Document A133™–2009 is intended for use on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for construction of the project. The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. Upon the owner’s acceptance of the proposal by execution of an amendment, the construction manager becomes contractually bound to provide labor and materials for the project and to complete construction at or below the guaranteed maximum price. The document divides the construction manager’s services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. AIA Document A133–2009 is coordinated for use with AIA Documents A201™–2007, General Conditions of the Contract for Construction, and B103™–2007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project. NOTE: A121CMc–2003 expired in 2010.

CAUTION: To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document.

A134–2009 (formerly A131CMc–2003), Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guarantee Maximum Price
Similar to AIA Document A133™–2009, AIA Document A134™–2009 is intended for use when the owner seeks a construction manager who will take on responsibility for providing the means and methods of construction. However, in AIA Document A134–2009 the construction manager does not provide a guaranteed maximum price (GMP). A134–2009 employs the cost-plus-a-fee method, wherein the owner can monitor cost through periodic review of a control estimate that is revised as the project proceeds.

The agreement divides the construction manager’s services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. A134–2009 is coordinated for use with AIA Documents A201™–2007, General Conditions of the Contract for Construction, and B103™–2007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project. NOTE: A131CMc–2003 expired in 2010.

CAUTION: To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document.

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