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Home » CM At-Risk: How to Make the Most of This Project Delivery Method Contractually
Construction Law

CM At-Risk: How to Make the Most of This Project Delivery Method Contractually

September 11, 2025Updated:September 12, 2025No Comments3 Mins Read
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Construction Management At-Risk (CM@R) is one of the most powerful and widely used project delivery methods in today’s design and construction industry. It offers owners the opportunity to involve the contractor early, manage costs more effectively, and foster collaboration throughout the project. However, these benefits come with unique risks and contracting considerations, and ConsensusDocs has just published an updated CM At-Risk contract, the ConsensusDocs 500. 

On October 16, 2025, register for this ConsensusDocs webinar featuring an expert panel for a 75-minute webinar, “Managing the Risk in CM At-Risk: Best Practice Considerations.” This session will provide practical insights into maximizing the advantages of CM@R while minimizing its legal and financial pitfalls.

Participants will explore best practices and gain actionable strategies across a wide range of timely topics, including:

1. Advantages of CM@R vs. Design-Bid-Build

  • Why owners choose CM@R for early contractor involvement that adds value upfront and reduces downstream change orders.
  • How communication flows differ under CM@R compared to Design-Bid-Build.
  • Whether CM@R is the right fit for owners seeking more than just a transactional relationship.

2. Preconstruction Services

  • How preconstruction services under CM@R differ from other delivery methods.
  • Should owners pay for precon services at a discount—or at full value?
  • Expanding precon’s impact with tools like design-assist, Lean contract addenda, BIM, and prefabrication.

3. Blurring the Lines Between Design and Construction

  • Does CM@R erode the traditional Spearin doctrine protections for owners?
  • Case law spotlight: Coughlin Electric v. Gilbane.

4. Contingency – Clarifying Roles and Uses

  • Defining different types of contingency funds and their purpose.
  • The owner’s role in approving contingency expenditures.
  • Buyout strategies, shared savings, and the contractor’s use of contingency for risk management.

5. Cost of the Work & Guaranteed Maximum Price (GMP)

  • Best practices for determining when to set the GMP—and whether it should function as an off-ramp.
  • Revising contract documents to ensure clarity in payment terms and GMP administration.

6. Insurance Considerations

  • Should a GC secure professional liability (PL) coverage for CM@R projects?
  • Other insurance strategies to mitigate exposure.

Who Should Attend?
This program is essential for owners, developers, contractors, construction managers, architects, engineers, and counsel who negotiate or manage CM@R contracts.

By the end of this session, attendees will walk away with clear, practical tools to strengthen their CM@R agreements, reduce risks, and maximize project success.

👉 Register today for $79.00 and elevate your approach to CM@R contracting.

Contact Brian Perlberg at brian.perlberg@agc.org if you have comments or questions about this article or the upcoming webinar.

Construction Law Risk Management
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November 13, 2025

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