E05: The Growing Use of Construction Manager At Risk Programs and Variations of it in Federal, State, and Local Procurements and How Such Programs Have Altered the Role of the Advising Attorney

Moderator:

Ronald D. Ciotti, Esq., Partner, Hinckley, Allen & Snyder LLP

Panel:

Rhian M.J. Cull, Esq.; Partner, Hinckley, Allen & Snyder LLP

John P. Gorman; Vice President and General Counsel, Suffolk Construction Co., Inc.

At a time of shrinking budgets for public projects, several states and local jurisdictions have recently passed legislative authority to use CM At-Risk and other similar alternative project delivery methods, as well as increased use at the federal level. Learn how public entities are using this alternative project delivery method and variations of it, and the role an attorney plays in proactively advising clients with potential legal issues and setting up appropriate compliance programs. The panel will provide an overall review of legislative trends regarding CM At-Risk, discuss potential model state legislation by the AGC, and give a comparative analysis of different public entities’ programs. The panel will also review the effectiveness of CM At-Risk in producing quality construction, reducing project duration, saving costs, and eliminating disputes. This session will provide recommendations of successful ways to deal with the CM at Risk delivery method on public projects to properly contract and perform within this new and growing public process.

Session Objectives:

Identify the growth of the Construction Manager At Risk delivery method and its variations among public entities and how the programs are structured;

Identify counsel’s roles in this process and what legal issues will need to be addressed; and

Provide suggestions on how to properly contract and perform within these public CM at Risk programs