Summary
When the Construction Manager (CM) is the builder or constructor, the Owner can choose between two AIA agreements. If there is a Guaranteed Maximum Price (GMP), use A133-2019. If there is no GMP, use A134-2019. Both agreements define the CM’s role as an adviser and constructor, with A133-2019 including GMP and A134-2019 not.
Which construction agreements between Owner and Construction Manager may be used when the Construction Manager is the builder or constructor?
If there is a Guaranteed Maximum Price (GMP), the following may be used:
A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work with a Guaranteed Maximum Price.
If there is no Guaranteed Maximum Price (GMP), the following may be used:
A134™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work without a Guaranteed Maximum Price.
Under each of these agreements, the Construction Manager acts as both an adviser to the Owner and as the constructor of the building.