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PROFESSIONAL PRACTICE
© Construction Management Association of America. Do Not Duplicate or Reproduce.
CM Profession Certification as a CCM Leadership Roles of the CCM Code of Ethics Delivery Methods Contractual Relationships Fee structures Compliance with laws & regulations
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Education Specialized Training Supervised Experience References Examination (& re-examination)
Protect public health, welfare, & safety Cost-effective service Judgment Integrity Code of Ethics
Doctor…Structural Engineer…Lawyer
© Construction Management Association of America. Do Not Duplicate or Reproduce.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Has special knowledge of the CM
profession- Held to a higher standard
Represents a client- Owes the client a special duty as the owner’s “expert”
representative agent
- Occupies “responsible in charge” position
Acts ethically in the conduct of business- Adheres to a Code of Ethics
© Construction Management Association of America. Do Not Duplicate or Reproduce.
• CCM ®
– a recognized industry professional• Certified by both experience and examination• A CCM must meet strict certification program
criteria:– Formal Education– Actual documented and verified CM
Experience– Demonstrated understanding of the CM
Body of Knowledge
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Must have 48 months responsible in charge (RIC) experience as a CM/PM (Qualification Matrix)
Plus one of the following:– 4-year Degree (Construction Management,
Architecture, Engineering, or Construction Science)– 2-year Degree & 4 yrs. Experience in General
Design/Construction– 8 Years Experience in General Design/Construction
© Construction Management Association of America. Do Not Duplicate or Reproduce.
PHASE: Pre-design Design Procurement ConstructionPost-
construction
FUNCTION/ ROLE
Project Management RIC RIC RIC
Cost Management RIC RIC RIC
Time Management RIC RIC
Quality Management RIC RIC RIC
Contract Administration RIC RIC RIC
Safety Management RIC
RIC Experience Minimum Total of 48 months required in these Phases & Function/Roles
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Functions of a Leader Leadership in your companies Leadership in the CM Industry Leadership in the construction Industry
© Construction Management Association of America. Do Not Duplicate or Reproduce.
What are “ethics?” Why are they important? History of CMAA’s Code of Ethics The future of our Code of Ethics
Our Code of Ethics helps to define our primary responsibilities, which are to our clients
Client Services Representation of Qualifications Standards of Practice Fair Competition Conflicts of Interest
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Fair Compensation Release of Information Public Welfare Professional Development Integrity
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Client Service- I will serve my clients with honesty, integrity, candor,
and objectivity. I will provide my services with
competence, using reasonable care, skill and diligence
consistent with the interests of my client and the
applicable standard of care.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Representation of Qualifications- I will only accept assignments for which I am qualified by
my education, training, and professional experience and
technical competence, and I will assign staff to projects in
accordance with their qualifications and commensurate with
the services to be provided, and I will only make
representations concerning my qualifications and availability
which are truthful and accurate.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Standards of Practice- I will furnish my services in a manner consistent with the
established and accepted standards of the profession and
with the laws and regulations which govern its practice.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Fair Competition- I will represent my project experience accurately to my
prospective clients and offer services and staff that I am
capable of delivering. I will develop my professional
reputation on the basis of my direct experience and service
provided, and I will only engage in fair competition
for assignments.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Conflicts of Interest- I will endeavor to avoid conflicts of interest, and will
disclose conflicts which, in my opinion, may impair my
objectivity or integrity.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Fair Compensation- I will negotiate fairly and openly with my clients in
establishing a basis for compensation, and I will charge
fees and expenses that are reasonable and commensurate
with the services to be provided and the responsibilities
and risks to be assumed.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Release of Information- I will only make statements that are truthful, and I will keep
information and records confidential when appropriate
and protect the proprietary interests of my clients and
professional colleagues.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Public Welfare- I will not discriminate in the performance of my services
on the basis of race, religion, national origin, age, disability,
or sexual orientation. I will not knowingly violate any law,
statute, or regulation in the performance of my
professional services.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Professional Development- I will continue to develop my professional knowledge and
competency as a construction manager, and I will
contribute to the advancement of the construction and
program management practice as a profession by fostering
research and education and through the encouragement
of fellow practitioners.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Integrity of the Profession- I will avoid actions which promote my own self-interest at
the expense of the profession, and I will uphold the
standards of the construction management profession
with honor and dignity.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
On September 6, 2005, the CMAA Board of Directors adopted a new set of definitions for frequently used construction industry terms, designed to provide commonly understood and accepted definitions for use of the construction management, and in fact the entire construction industry, while remaining flexible to meet evolving conditions.
In publishing the new industry definitions, the Board noted that “the practice of professional construction management in relation to project delivery systems and to construction management as a professional service may vary according to a number of factors,” and acknowledged that no set of definitions can accommodate all of these influences.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Construction Management- A professional management practice consisting of an array
of services applied to construction projects and programs
through the planning, design, construction, and post-
construction phases for the purpose of achieving project
objectives including the management of quality, cost,
time, and scope.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Program Management- The practice of professional construction management
applied to a capital improvement program of one or more
projects from inception to completion. Program management
provides additional benefits such as standardization,
leveraged purchasing, and economies of scale.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Qualifications Based Selection- A process where qualifications such as competence,
capability, relevant experience, and past performance are
given primary consideration in the evaluation and selection
of a service provider.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Delivery System- The process selected to execute a construction project
for the purpose of assigning responsibilities and risk to
the project team. Common delivery systems include:
design-bid-build, design-build, multiple prime, and
construction management at-risk.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Agency Construction Management- A professional service that can be applied to all delivery
systems where the CM acts as the owner’s principal agent
in the management of a construction project or program,
where the CM is responsible to the owner for managing
the planning, design, construction, and post construction
phases, or portions thereof. The CM represents the
interests of the owner in its dealings with other construction
professionals, and with other private and public entities.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Construction Management At-Risk- A delivery system which entails a commitment by the CM
for construction quality, time, and cost. The CM provides
professional management assistance to the owner prior to
construction and advice on constructibility, budget, and
schedule considerations. During construction the construction
manager holds sub-contracts for construction, and will
guarantee schedule and maximum cost of construction.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
CMAA considers Construction
Management to include both- Project Management
- Program Management
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Pre-Design Design & Procurement
Construction Post-Construction
Program Management
Project Management
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Project Management is the application
of construction management techniques
to a single project Program Management is the application
of construction management to large and
complex capital improvement programs
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Project and Program Management both
utilize integrated systems and procedures The principal difference is the size and
scope of projects, and the range of
services provided
Design / Bid / Build (traditional) Construction Management At-Risk Multiple Prime Contracting Design / Build
Construction Management has proven effective regardless of the delivery method
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Fiduciary vs. Agent vs. Vendor Competencies Methods of Compensation Financial Liabilities and capabilities Full disclosure of differing legal relationships Other?
© Construction Management Association of America. Do Not Duplicate or Reproduce.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Agency CM- Design / Bid / Build; Single or Multiple Primes; Design/Build;
or the Owners’ Rep/Consultant
- Read the “A Series” CMAA Contracts for guidance
- CM bound to represent interests of the owner as an agent
- Providing a service, not a product
- Responsibilities defined by contract
- Liabilities defined by: • Contract
• Case Law
• Statutes
© Construction Management Association of America. Do Not Duplicate or Reproduce.
CM at Risk or GC/CM- Read the “At-Risk Series” CMAA Contracts for guidance
- Agent relationships and typical pre-construction services
during design or pre-GMP period
- Follow-on agreement for actual construction services as a
contractor, which the owner may or may not decide to accept
© Construction Management Association of America. Do Not Duplicate or Reproduce.
CM at Risk or GC/CM (continued)- If owner accepts GMP, the CM must ensure the owner
understands that the CM is no longer functioning as the
owner’s agent, and is now functioning as a vendor/contractor
- CM may provide additional CM-type services during
construction, if requested by the owner
during design or pre-GMP period
- If the owner rejects CMs’ GMP, may terminate the CM or
continue to employ the CM as an agent, and seek a third-party
construction contractor
© Construction Management Association of America. Do Not Duplicate or Reproduce.
All agents and professionals work for
the best interests of the owner Contracts may define a greater duty to
act in the current Owner’s best interests,
than others
© Construction Management Association of America. Do Not Duplicate or Reproduce.
If the client chooses to take the benefit
of a fixed price, the CM/Contractor takes
a financial risk in the outcome of the
project. The negates the previous
“agency” relationship. - No longer any implied duties of loyalty and care are due
to the owner.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Conflicts of Interest- I will endeavor to avoid conflicts of interest, and will
disclose conflicts which, in my opinion, may impair my
objectivity or integrity.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Depends on the type of contract /
legal relationship Fees depend on the services the Owner
is willing to pay for; not what they want
or need CMs should focus on a fee structure that
best suits the client’s needs and
accommodates their constraints
Fixed Price - Typically negotiated
- Based on mutually agreed to scope of services
- May create conflicts of interest between CM and client
- Minimal billing, bookkeeping, and audit efforts
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Cost Reimbursement - Negotiated labor rates
- NTE limits maybe set
- Eliminates conflicts of
interests over fees
- Requires comprehensive
bookkeeping
Professional services are to be provided cost-effectively; with integrity, and in the interest of the owner Risks must be allocated and compensated for properly
© Construction Management Association of America. Do Not Duplicate or Reproduce.
As an industry, we MUST have appropriate fees to be able to deliver the services required; but we must NEVER overcharge our clients for services.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
CMs should provide enforcement of their contracts – fair, firm, and fast – regardless of the delivery method employed.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
All members of a project team should be familiar with their contract’s scope of services. Agent and/or vendor relationships must be enforced clearly and openly.
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Third party liability issues Employment Practices Environmental Regulations Other Statutory Regulations
- Emergency planning- OSHA hazard communication- Pollution Prevention- Endangered Species
© Construction Management Association of America. Do Not Duplicate or Reproduce.
Compliance is a professional practice issue Compliance begins with awareness Compliance is not just an “additional duty” Monitoring systems must be established and documented; effective; and reliable
© Construction Management Association of America. Do Not Duplicate or Reproduce.
QUESTIONS?