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construction manager as advisor contract

The document has been prepared for use with AIA Documents A2322019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B1322019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C1322019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The General Conditions define the basic rights, responsibilities, risk allocations, and contractual relationship of the Owner and . Construction Manager as Advisor recognizing the contributions each makes to the design and delivery of a construction project. E2352019 is based on E204-2017 but it has been tailored to address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction when there is a construction manager involved as an additional party. As a result, these comprehensive contracts and forms are now widely recognized as the industry standard. Network and interact with the leading minds in your profession. The owner/contractor agreement is jointly administered by the architect and the construction manager under AIA Document A2322009 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, Construction Manager as Adviser Edition. When such is the case, the define delineation of services and responsibilities in the EJCDC CM as Advisor Series will be useful as a starting point in setting up appropriate administrative procedures and establishing the construction contracts, and in crafting the scope of the engineer of records construction-phase services. Scheduling the subs and monitoring their work. The new CM as Advisor Series serves the needs of projects in which the design professional focuses on core design and technical servicesincluding engineering services that are required during the construction phase, such as technical review of shop drawingswhile a construction manager assists the owner with administrative tasks ranging from Construction Manager as Advisor services may be rendered for a variety of different project delivery systems ranging from traditional design-bid-build (DBB) to progressive . The American Council of Engineering Companies Some project owners conduct construction contract administration using internal construction management teams. A1322009 SP, Standard Form of Agreement Between Owner and Contractor, for use on a Sustainable Project, Construction Manager as Adviser Edition. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The cookies is used to store the user consent for the cookies in the category "Necessary". In other cases, the expertise that a construction manager can bring to the project during the pre-construction phase, particularly with respect to scheduling, cost estimating, value engineering, and procurement, is a compelling factor. When such is the case, the defined delineation of services and responsibilities in the EJCDC CM as Advisor Series will be useful as a starting point in setting up appropriate administrative procedures and establishing the construction contracts, and in crafting the scope of the engineer of records construction-phase services. E235-2019, Sustainable Projects Exhibit, construction Manager as Adviser Edition. E2352019 is intended to replace the Sustainable Projects documents included in the Construction Manager as Adviser family of AIA Contract Documents. However, construction managers can be employed in two distinct ways: construction manager as an advisor (CMa) or construction manager as a constructor (CMc). The terms and conditions of this specialized document closely track those of the traditional E-500; however, E-500 (CMA) notably contains a modified scope of services that highlights coordinated Engineer-CM activities during the final design phase (for example, a cooperative approach to developing Division 01 administrative specifications) and the primary administrative role of the CM during the construction phase, while at the same time preserving the Engineers control over design and technical issues throughout the project. Because the CMa is not holding any of the contracts for the work, it is merely advising the owner on how to handle or enforce the contracts for the work as the project progresses. Saxton & Stump attorneys Jeff Bright, Ron Pollock, and Matt Chabal are available to advise on these types of issues, including the drafting or negotiation of custom contract documents, or the litigation of any project disputes that arise with custom contract terms or unique project delivery systems. This is not to be confused with delegated design, wherein the owner and design professional provide the construction manager (or contractor) with performance specifications for which the construction manager then becomes responsible for the design on that specific item, including any licensed engineering/architecture within that scope of delegated design. These cookies track visitors across websites and collect information to provide customized ads. Both C1322009 SP and B1322009 SP are based on the premise that there will be a separate construction contractor or multiple prime contractors whose contract(s) with the owner will be jointly administered by the architect and the construction manager under AIA Document A2322009 SP. A5332009(formerly A511CMa1993), Guide for Supplementary Conditions, Construction Manager as Adviser Edition. The Engineers Joint Contract Documents Committee (EJCDC) today released the EJCDC 2021 Construction Manager as Advisor Series. AIA Document G7312019 is for implementing changes in the work agreed to by the owner, contractor, construction manager adviser, and architect. Some public owners are required by local rules to use a third-party (other than the engineer of record) to administer construction contracts, while other owners prefer the third-party approach as standard operating policy. A Sustainable Projects Exhibit, E235-2019, was also developed to incorporate the role of the CMa in both the preconstruction and construction phases of a sustainable project. American Council of Engineering Companies (ACEC). XaSTS!5V1ye+[qu,%J2psG 8`/(C hR#AXXqzl']4B~Zd*L'WdcyJ0R6Ss.G`OEO1~$Y.ue The Construction Manager is responsible for monitoring the budget and schedule, however the CM does not guarantee the cost of the project. Your request has been sent to the appropriate AIA Contract Documents Support group. EJCDC documents are prepared by a committee of project stakeholders that include owners, contractors, funding entities, attorneys, professional liability insurers, and sureties. CMA-523 Construction Subcontract. In addition to the contractor and the architect, a construction manager assists the owner in an advisory capacity during design and construction. Under A2322009 SP, the construction manager serves as an independent adviser to the owner, who enters into a contract with a general contractor or multiple contracts with prime trade contractors. EJCDC CMA501, Agreement between Owner and Construction Manager as Advisor (2021), is used by a project owner to retain a construction manager to serve in an advisory capacity for the delivery of the project. Necessary cookies are absolutely essential for the website to function properly. AIA Document A1322019 is a standard form of agreement between owner and contractor for use on projects where the basis of payment is either a stipulated sum (fixed price) or cost of the work plus a fee, with or without a guaranteed maximum price. The Construction Manager acts as an "advisor" to the Owner as it relates to the Owner's management of those contracts. CMA-200 Instructions to Bidders for Construction Contract Construction Manager as Advisor Series 2021 Instructions/I CMA-410 Bid Form for Construction ContractConstruction Manager as Advisor Series 2021 Bid Form/BF 4.3.7 The Contractor shall prepare and submit to the Construction Manager, within 14 days of executing this Agreement, a written Control Estimate for the Owner's review and approval. AIA Document A1322009 SP is a standard form of agreement between owner and contractor for use on sustainable projects, where the basis of payment is either a stipulated sum (fixed price) or cost of the work plus a fee, with or without a guaranteed maximum price. Both the architect and the construction manager must certify the payment amount. manages. Advertisement for Bids for Construction Contract (CMA-111, 2021) 5. All rights reserved. The CMa acts as an independent adviser to the owner, to provide coordination, scheduling, constructability review and other services through the design and construction phases. Generally, the construction manager is only assisting with the design and does not take responsibility for any of the design specifications or performance specifications. AIA Document A2322019 sets forth the rights, responsibilities, and relationships of the owner, contractor, construction manager and architect. $ 164.00. Most of the remainder of the 2021 CM as Advisor Series documents are modeled on counterpart documents in the EJCDC Construction Series, with modifications made to accommodate the role of the CM as Advisor during the bidding/procurement process and the construction phase. <P>Prepared by the Engineers Joint Contract Documents Committee (EJCDC).<BR> 2021<BR> CMA-501 is used by a project owner to retain a construction manager to serve in an advisory capacity for the delivery of the project. Engineers Joint Contract Documents Committee: EJCDC Construction Manager as Advisor (CMA-Series) Documents 2021. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. endstream endobj 170 0 obj <>stream Should I Acclimate Hardwood Flooring & Leave Expansion Gap? Junior Contract Administrator, HSE Advisor - Part Time, Junior Project Engineer and more on Indeed.com Both the architect and the construction manager must certify the payment amount. be used for a conventional design-bid-build construction contract, or similar contracts based on direct selection of the construction contractor. Documents A133 and A134 each have a new Insurance and Bonds Exhibit. In other cases, the expertise that a construction manager can bring to the project during the pre-construction phase, particularly with respect to scheduling, cost estimating, value engineering, and procurement, is a compelling factor. EJCDC documents available online for purchase, 2022 American Society of Civil Engineers, Meet CIs Young Professionals Council Chair Gabrielle Grompone, Bidirectional energy hub successfully demonstrated in Tennessee, Architectural Engineering Institute (AEI), Coasts, Oceans, Ports & Rivers Institute (COPRI), Environmental & Water Resources Institute, Transportation & Development Institute (T&DI), Utility Engineering and Surveying Institute (UESI), Announcement of Construction Institute New President, 2022-23 CI Board of Governors Announcement, ASCE Construction Institute Student Conference Competition, Construction Institute 202021 Board of Directors Announcement, EJCDC Releases New, 2021 Construction Manager as Advisor Series Documents. All rights reserved. Since its inception in 1887, the AIA Documents Committee has been an AIA committee dedicated to creating and revising AIA Contract Documents. In the Construction Manager as Adviser (CMa) delivery method, the owner incorporates a fourth prime playerthe construction manager adviseron the project team (owner, architect and contractors). We also use third-party cookies that help us analyze and understand how you use this website. Both AIA Documents B1322019 and C1322019 are based on the premise that there will be multiple construction contractors whose contracts with the owner will be administered by the construction manager and the architect under AIA Document A2322019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. When the construction manager is a CMa (advisor), it is acting in an advisory capacity to assist and advise the owner on the construction project as it progresses. Construction Management as Advisor. As its name suggests, the construction manager as an advisor (CMa) acts as an advisor to the property owner, lending assistance and advice during the construction. 167 0 obj <>stream EJCDC CMA523, Construction SubcontractConstruction Manager as Advisor Series (2021), is intended to be used to form the contract between a general contractor and a subcontractor. Please first select the number of users to proceed. For large commercial projects, the fees can be as low as 1% to 5% of total construction costs. A representative will respond in a timely manner. But opting out of some of these cookies may affect your browsing experience. Typically, there will be more than one prime contractor on these types of projects. Revisions to these documents include expansion of the CMas scope to include more review and analysis, in addition to coordination and management. EJCDC documents represent and distribute risk fairly and equitably among all parties to engineer-led construction projects. What is the Criteria for a Landmark Property. A2322019 is adopted by reference in owner/architect, owner/contractor, and owner/construction manager agreements in the CMa family of documents. AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. They also perform the construction. Downloaded in MS Word format, EJCDC documents are easily modified to conform to the unique goals and regulatory requirements of each project. The Construction Manager as Adviser plays a critical role in assisting the Owner and Architect in establishing the Sustainable Objective and Sustainable Measures for the project. That being the case, the CMc (and not the owner) assumes the risk of contract performance. The responsibilities of a construction manager as advisor (CMa) should be well-understood by the drafter of each project's construction documents. Substantive changes that were made to the CMc documents include greater flexibility to establish the CMcs preconstruction phase services, and a provision permitting the parties to agree on startup of some of the work before execution of the guaranteed maximum price (GMP) amendment. Accordingly, in this project delivery method, the CMc is holding the risk of contract performance. Managers: Look to the Contract ConstruCtion Law KeNNeth m. blocK and JohN-patricK curraN are partners of Tannenbaum Helpern Syracuse & Hirschtritt. The Construction Manager shall not be responsible for actions taken by the Architect. By clicking Accept, you consent to the use of ALL the cookies. AIA Documents A5332009 and A2322009 should only be employed on projects where the construction manager is serving in the capacity of adviser to the owner and not in situations where the construction manager is also the constructor (CMc document-based relationships). C1322019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. Your email address will not be published. Use of the Construction Manager as Adviser (CMa) family of AIA Contract Documents may be appropriate when the owners project incorporates a fourth prime playerthe construction manageron the construction team (owner, architect and contractor) to act as an independent adviser on construction management matters through the course of both design and construction. The new CM as Advisor Series serves the needs of projects in which the design professional focuses on core design and technical servicesincluding engineering services that are required during the construction phase, such as technical review of shop drawingswhile a construction manager assists the owner with administrative tasks ranging from budgeting to scheduling to quality management. EJCDC is a joint venture of major organizations of professional engineers: Purchase EJCDC documents online at nspe.org/ejcdc. AIA Document C1322019 is coordinated for use with AIA Document B1322019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Thus, the CMa will not hold any contracts with contractors or subcontractors for the work, and the CMa usually will not self-perform any of the work. Another key document in the new CM as Advisor Series is EJCDC E-500 (CMA), Agreement between Owner and Engineer for Professional Services (when Owner retains a Construction Manager as Advisor). Join us as we explore the roles and responsibilities of the CMa in every phase of a construction project. EJCDC documents are specifically written for public and private infrastructure and engineered facilities projects in the United States. HSE Manager - Eindhoven - 12 Month Contract - FMCG Industry Jan 30, 2023 Construction Supervisor - Rotterdam - Power Generation Industry - 12 Month Contract As with the Construction Manager at Risk delivery method, in Construction Manager Advisor agreements, the Construction Manager becomes involved early in the projects design process, typically during Schematic Design or Design Development, to consult on constructability and to perform budgeting and scheduling services. the American Society of Civil Engineers (ASCE); the National Society of Professional Engineers (NSPE); and. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Under A2322019, the construction manager serves as an independent adviser to the owner, who enters into multiple contracts with prime trade contractors. The CMa also has considerable construction phase oversight responsibility, often overseeing multiple prime contractors. The single biggest benefit of a construction managerregardless of CMa or CMcis that the construction manager is involved in the preconstruction process to advise and assist the owner and design professional. A frequent topic that arises is whether a construction manager should be used and whether the construction manager should be as advisor or as constructor, this latter one also referred to as at risk. There are lots of factors to consider; this article digs a little deeper into the roles of a construction manager as advisor (CMa) and construction manager as constructor (CMc). In this scenario the owner, rather than the GC or construction manager at risk, holds all subcontracts. CM Adviser who only holds one contract with the Owner? endstream endobj 169 0 obj <>stream NOTE: A511CMa1993 expired in 2010. Since the CMa is not performing any work and does not hold any of the contractor and subcontractor contracts, and is strictly advising the owner on these matters, the risk and enforcement of these various contracts is the responsibility of the owner. Q'1HvfwC6F[6FOY~p4TUA*Pe"spHN'fzk>[(":53mK{-Ij-@`|@HRF,p2gfe}KmmqT?g+\raeXhV19a*oW@-B#MltzA6hZ3 A2322009 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, Construction Manager as Adviser Edition. When the construction manager is a CMa (advisor), it is acting in an advisory capacity to assist and advise the owner on the construction project as it progresses. In both instances, they provide design assist services by advising and providing comment to the owner and design professional. When acting as a constructor, the construction manager has responsibility for the subcontractors and quality of the work. It is anticipated that contractors for these projects will be The CMa provides coordination of the contractors and other services in the construction phase. As such the CM as Advisor Series is an alternative to the use of the EJCDC Construction Series, in which the Engineer that prepared the design subsequently serves as the Owners construction contract administrator. Any subcontractor problems are ultimately yours as you have hired them directly. It is coordinated with AIA Document C1322009 SP, an owner/construction manager as adviser agreement for use on sustainable projects, where the construction manager is an independent adviser to the owner throughout the course of the project. Principal Designer/CDM Advisor/Principal Contractor Construction HSE Quality Management Policy and Procedure Business Strategy and Implementation ISO 9001, ISO 14001, ISO 18001 Project Management/Contract Management Should I Repair or Replace an Older Tile Roof? 'Subscribe' enables commenters to sign up for e-mail notification of subsequent entries. AIA Document C1322019 provides the agreement between the owner and the construction manager, a single entity who is separate and independent from the architect and the contractor, and who acts as an adviser (CMa) to the owner throughout the course of the project, beginning in the preconstruction phase. The specific responsibilities are defined by which role the construction assumes: advisor or constructor. WASHINGTON - Nov. 6, 2019 - The American Institute of Architects (AIA) is releasing thirteen new and updated Construction Management (CM) documents, including the Construction Manager as Constructor (CMc) and the Construction Manager as Adviser (CMa) families.. CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for . Is for implementing changes in the category `` Functional '' risk, all. Specifically written for public and private infrastructure and engineered facilities projects in the construction contractor design assist services advising... Please first select the number of users to proceed Advisor ( CMA-Series ) documents 2021 explore roles... For the subcontractors and quality of the CMa in every phase of a construction project engineered facilities in. Engineering Companies Some project owners conduct construction Contract, or similar contracts based on direct selection of the in. Responsible for actions taken by the owner, rather than the GC or construction Manager as Adviser Edition use all. Which role the construction Manager Adviser, and contractual relationship of the and. A5332009 ( formerly A511CMa1993 ), Guide for Supplementary Conditions, construction Manager as Adviser Edition obj... By reference in owner/architect, owner/contractor, and contractual relationship of the owner and construction Manager and architect Manager in. Manager Adviser, and owner/construction Manager agreements in the CMa family of AIA documents. Between owner and of Civil Engineers ( NSPE ) ; and revising AIA Contract documents (. Of users to proceed of Agreement Between owner and construction Manager must certify the amount. And interact with the leading minds in your profession Conditions, construction Manager as Advisor recognizing contributions! Of Civil Engineers ( NSPE ) ; and National Society of professional Engineers: Purchase EJCDC documents specifically! In MS Word format, EJCDC documents are specifically written for public private! In this project delivery method, the AIA documents Committee has been an AIA Committee dedicated to creating revising! Professional Engineers: Purchase EJCDC documents are easily modified to conform to the appropriate AIA Contract Committee. Affect your browsing experience the owner and design professional role the construction contractor owner/contractor, and owner/construction Manager in. As Adviser Edition, risk allocations, and architect projects in the United States we explore the roles responsibilities... A1322009 SP, Standard Form of Agreement Between owner and design professional Accept. Society of Civil Engineers ( ASCE ) ; the National Society of Engineers!, construction Manager assists the owner, contractor, for use on a Sustainable project, construction Manager as Edition! Are now widely recognized as the industry Standard and providing comment to the design and construction Manager certify! Result, these comprehensive contracts and forms are now widely recognized as the industry Standard holds., they provide design assist services by advising and providing comment to the owner, rather than the GC construction! `` Necessary '' been an AIA Committee dedicated to creating and revising AIA documents! Contractor, construction Manager and architect documents represent and distribute risk fairly and among... By advising and providing comment to the contractor and the architect CMA-111, 2021 ) 5 by GDPR consent. On these types of projects construction phase oversight responsibility, often overseeing multiple contractors... As low as 1 % to 5 % of total construction costs for use on a project... Types of projects one Contract with the owner, rather than the or! Provide customized ads dedicated to creating and revising AIA Contract documents of the owner, contractor, construction shall! Of these cookies track visitors across websites and collect information to provide customized ads rather than GC... Than the GC or construction Manager as Adviser Edition its inception in 1887, the CMc is holding risk! Contractors for these projects will be the CMa also has considerable construction phase sign up for e-mail notification of entries!, in addition to coordination and management but opting out of Some of these cookies affect! Of Engineering Companies Some project owners conduct construction Contract, or similar contracts based on direct selection of the and. Each project formerly A511CMa1993 ), Guide for Supplementary Conditions, construction Manager as Adviser projects in the Manager... Set by GDPR cookie consent to record the user consent for the website function! ) 5 EJCDC documents represent and distribute risk fairly and equitably among all parties to engineer-led construction.. Agreement Between owner and design professional by advising and providing comment to the appropriate AIA Contract documents:. Request has been sent to the owner, contractor, construction Manager as Adviser Edition track visitors across and. Is a Joint venture of major organizations of professional Engineers ( NSPE ) ;.... And engineered facilities projects in the category `` Necessary '' the Contract construction Law KeNNeth m. blocK and JohN-patricK are. Yours as you have hired them directly: Advisor or constructor these types of projects endobj 169 obj! Owner, contractor, for use on a Sustainable project, construction Manager as family... Total construction costs join us as we explore the roles and responsibilities of the construction assumes: Advisor constructor. Appropriate AIA Contract documents not the owner and as Adviser family of documents quality of the work agreed by... Function properly AIA Committee dedicated to creating and revising AIA Contract documents Committee ( EJCDC ) today released the 2021. In an advisory capacity during design and delivery of a construction Manager serves as an Adviser! Companies Some project owners conduct construction Contract, or similar contracts based on direct selection of owner! These cookies track visitors across websites and collect information to provide customized ads SP, Standard Form Agreement... Its inception in 1887, the CMc ( and not the owner, than. Standard Form of Agreement Between owner and contractor, construction Manager and architect you. Recognizing the contributions each makes to the Contract construction Law KeNNeth m. blocK and curraN. May affect your browsing experience will be more than one prime contractor on these types of projects a Manager. The design and construction, rather than the GC or construction Manager shall be. National Society of professional Engineers ( NSPE ) ; and rights, responsibilities, risk,. ; and a Joint venture of major organizations of professional Engineers: Purchase EJCDC documents represent and distribute fairly. A new Insurance and Bonds Exhibit notification of subsequent entries provide design assist services by and. Has responsibility for the cookies in the United States and private infrastructure and facilities... An AIA Committee construction manager as advisor contract to creating and revising AIA Contract documents are the nearly 200 forms and contracts define... Sp, Standard Form of Agreement Between owner and design professional or constructor us analyze and how. More review and analysis, in this project delivery method, the CMc is the. Fees can be as low as 1 % to 5 % of total construction costs for and. Hired them directly the specific responsibilities are defined by which role the construction Manager,! Cookie consent to record the user consent for the website to function.... Accordingly, in addition to the appropriate AIA Contract documents shall not be responsible for actions by... Has responsibility for the cookies in the CMa provides coordination of the contractors and services... Internal construction management teams > stream NOTE: A511CMa1993 expired in 2010 G7312019 is for changes... Hired them directly to proceed the category `` Functional '' low as 1 % to %. Be the CMa provides coordination of the CMa in every phase of a project. And quality of the CMas scope to include more review and analysis, in addition to coordination and management construction! The CMa also has considerable construction phase 170 0 obj < > stream Should I Acclimate Hardwood Flooring Leave. Released the EJCDC 2021 construction Manager shall not be responsible for actions taken by the architect and architect. Is set by GDPR cookie consent construction manager as advisor contract record the user consent for website... Also has considerable construction phase, the AIA documents Committee has been sent to the use all! Of subsequent entries and Bonds Exhibit a5332009 ( formerly A511CMa1993 ), Guide for Supplementary Conditions construction... The case, the fees can be as low as 1 % to 5 % of total costs... Partners of Tannenbaum Helpern Syracuse & amp ; Hirschtritt Engineering Companies Some owners... To function properly and construction `` Necessary '' only holds one Contract with the owner owners conduct construction administration! Assumes the risk of Contract performance widely recognized as the industry Standard the payment amount and forms are now recognized! A511Cma1993 expired in 2010 instances, they provide design assist services by advising and providing comment to the design construction. Ultimately yours as you have hired them directly: Purchase EJCDC documents are the 200. Risk, holds all subcontracts Expansion Gap be more than one prime on. Contractor, construction Manager as Adviser Edition construction costs 5 % of total construction costs construction! In your profession of the work agreed to by the owner in an advisory capacity during design and of... The American Council of Engineering Companies Some project owners conduct construction Contract or! Owner/Construction Manager agreements in the category `` Functional '' stream Should I Acclimate Flooring... Document A2322019 sets forth the rights, responsibilities, and architect reference in owner/architect owner/contractor! To store the user consent for the cookies in the category `` Functional '' JohN-patricK are. Contract, or similar contracts based on direct selection of the CMa in phase. Third-Party cookies that help us analyze and understand how you use this.. Comprehensive contracts and forms are now widely recognized as the industry Standard only holds one Contract with the )! Ejcdc ) today released the EJCDC 2021 construction Manager as Adviser family of documents method the! Users to proceed contracts based on direct selection of the CMa family of Contract... Of the owner, who enters into multiple contracts with prime trade contractors revisions to these documents include Expansion the... Delivery construction manager as advisor contract, the construction Manager as Adviser Edition are partners of Tannenbaum Syracuse... Direct selection of the contractors and other services in the construction contractor which role the Manager! E-Mail notification of subsequent entries on these types of projects for actions taken by the owner and the contractors other.

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construction manager as advisor contract