Owners engage construction managers and representatives in roles ranging from advisory to at-risk, and liability follows the role rather than the title.
Construction manager as adviser. Provides scheduling, cost and coordination services without holding the trade contracts. Duties are professional in nature — reasonable care in the services performed — and the manager is generally not liable for the contractors’ work.
Construction manager at risk. Holds the trade contracts and delivers the project, usually under a guaranteed maximum price. Liability resembles that of a general contractor, including for means, methods and safety.
Scope drafting. The most litigated question is whether the manager assumed responsibility for construction means, methods, sequences and safety, or only for coordination. Standard forms address it and are frequently amended without appreciating the consequence.
Cost estimating. An estimate is not a guarantee unless the contract makes it one. Claims arising from cost overruns turn on whether the manager warranted the estimate and on the standard of care in preparing it.
Schedule. Duties to update, to report delays, and to recommend recovery measures.
Safety. Assuming safety responsibility brings direct exposure for worker injuries, and the contract, the insurance and the site practice should be consistent.