(iv) harmonization of dispute settlement mechanisms. Due to the increase in the prevalence of owners` representatives and their extension to additional service areas, disputes with these consultants will be more frequent. When performing the contract with the owner`s representative, it is advisable to ensure that the selection clauses of the jurisdiction and location of the event in the contract with other owner agreements are in accordance with the design professional and the contractor. It would be inefficient and costly not to be able to negotiate with a representative of the owner who has an arbitration clause in their contract. Owners should also specify in their agreements that the owner`s representatives provide services on a loan basis and therefore do not acquire ownership of project documents that may be under their control during the course of the project. Given the nature of their services, owner representatives often collect, manage and retain a significant or even all of the project information and documents on behalf of the owner. If the project does not use a web-based information management system, the owner would not be able to access critical project documents in the event of a dispute. At the other end of the project advice range is the site manager as an agent/advisor. Like the representative role of the owner, the CM advisor is a paid advisor to the owner and does not hold direct design or construction contracts. However, the performance level of a CM consultant is very different from a typical owner representative contract, as the CM advisor shares overlapping responsibilities with the design professional and contractor and is empowered to make important decisions for the project for the owner. AIA publishes a number of cm agent and consultant contract documents in which the CM consultant acts as an advisor to the owner for the duration of the project and manages the project in collaboration with the design professional. AIA C132-2009 Standard Form of Agreement between Owner and Construction Manager as Advisor describes the extended performance level assigned to a CM Advisor in accordance with the AIA model documents.

Under the AIA C132-2009 agreement, the CM Advisor provides the owner with recommendations regarding project delivery methods, contractor workload and cost estimates. AIA C132-2009, points 3.2.3, 3.2.4. The CM Advisor offers cost estimation services throughout the life of the project and can provide advice on constructability, material availability, construction sequencing, the impact of alternative construction methods and other issues. Points 3.2.3-3.2.5. The CM can also provide advice on the choice of materials, building systems and equipment and continuously update the project schedule and cost estimates. Id., section 3.2.5, 3.2.7. First visit? Please register via the link below. Repairer? Welcome! Please sign up to access your personal project dashboard. In the case of public projects, the use of owners` representatives is prohibited by law in many states and local jurisdictions. See z.B. MGL c.

149, section 44A1/2 (which requires the use of a „proprietary project manager“ for all public works projects in Massachusetts for a budget of $1.5 million); MGL c. 30, section 39M1/2 (the use of a „property owner`s representative“ in all public works projects over $50 million). If the use of the owner`s representatives remains at the discretion of the owners, the owners should check whether they have the in-house capabilities and resources to successfully manage the construction process and whether the additional costs of the owner`s representative have a positive impact on the schedule, costs and/or quality of the project. The „core“ performance level assigned to the owner`s representative focuses on project management, coordination, moderation, supervision and monitoring during the planning, acquisition and construction phase of a project. . . .