Construction Manager at Risk (CMAR): The Delivery Method That Puts the CM on the Hook for the Guaranteed Maximum Price
Construction Manager at Risk (CMAR, sometimes CMR or CM/GC) is a two-phase project delivery method: a preconstruction phase where the construction manager provides input during design, followed by a construction phase where the CM takes on the role of a general contractor at a Guaranteed Maximum Price (GMP) that caps cost exposure. The "at risk" part of the name refers to the GMP — if actual costs exceed the GMP, the CM bears the overrun.
CMAR has become the dominant alternative to traditional design-bid-build delivery on complex projects where the owner wants early CM input but doesn't want the design-build consolidation of design and construction responsibility. Public sector agencies have increasingly adopted CMAR for large projects; private owners use it on commercial, healthcare, higher education, and other complex work.
The CMAR structure is fundamentally about two phases:
CMAR phases
- Preconstruction phase — CM provides advisory services during design (constructability review, cost estimating, value engineering, schedule analysis)
- Construction phase — CM functions as the GC at an agreed GMP, performing or subcontracting all the work to build the project
The CM is typically selected during schematic design, participates through the rest of design development and construction documents, and then transitions to the construction role when the GMP is established. The owner maintains the contract with the designer separately — the designer reports to the owner, not the CM.
CMAR CM selection is typically based on qualifications plus some combination of fee and other factors — not purely low bid. Common selection approaches:
CMAR CM selection approaches
- Qualifications-based selection (QBS) — similar to designer selection, rank firms on qualifications and negotiate fee with top-ranked firm
- Best-value selection — combination of qualifications, experience, approach, and fee
- Two-step selection — qualification-based shortlist, then competitive proposal from shortlisted firms
- Fee-plus-general-conditions competition — firms compete on the CM fee and general conditions percentages, then provide services within that framework
The selection doesn't determine project cost — that's set later through the GMP. The selection determines who will be the CM. Owners typically focus on the CM's experience with similar projects, the specific team proposed, preconstruction approach, and the CM's fee and general conditions.
Preconstruction is where the CMAR model's value comes from. During design, the CM contributes:
CM preconstruction services
- Constructability review — identifying design elements that will be difficult, expensive, or impossible to build
- Cost estimating at each design milestone — showing whether design is staying within budget
- Value engineering — suggesting alternatives that reduce cost without compromising function
- Schedule analysis — sequencing construction for efficiency
- Long-lead procurement planning — ordering critical items early
- Market analysis — identifying cost pressures (material, labor) affecting the project
- Phasing analysis — staging the work for the owner's operational needs
- Subcontractor market sounding — informal discussions with potential trades about scope and interest
The preconstruction phase fee is typically separate from the construction phase. Preconstruction fees might be a percentage of construction value, a fixed amount, or a time-and-materials arrangement. The specific approach depends on the contract.
The GMP is the defining financial feature of CMAR. The GMP is the maximum the owner will pay for the construction work (plus the CM fee and general conditions, depending on how the contract is structured). If actual costs come in below the GMP, the owner saves; if they exceed the GMP, the CM bears the excess.
GMP establishment typically happens when design is developed enough to allow pricing — often at 60-80% construction documents. The GMP process involves:
GMP establishment process
- CM develops pricing based on design documents at a specified completion level
- CM obtains subcontractor bids or budgetary pricing for major trade work
- CM prepares detailed GMP proposal with assumptions, exclusions, allowances, and contingencies
- Negotiation between owner, CM, and design team to refine the GMP
- Owner accepts GMP and project moves to construction phase
GMP proposals typically include explicit lists of assumptions (what the CM assumed about undrawn items), exclusions (what's not included), allowances (dollar amounts held for specific items), and contingency (CM-held buffer for unforeseen items). These lists determine what later design development or field conditions affect the GMP versus what the CM absorbs.
If actual costs come in below the GMP, most CMAR contracts provide for shared savings between the owner and CM. Typical splits:
Typical shared savings splits
- 50-50 — most common; equal split of savings between owner and CM
- Owner-favorable — 60-40, 70-30, or similar favoring the owner
- CM-favorable — less common, but some contracts reward CMs for significant savings
- Tiered — different splits apply to different savings amounts (first $X goes to CM, excess splits 50-50)
The shared savings mechanism creates incentive for the CM to manage costs aggressively. In a pure lump-sum contract, any savings go entirely to the contractor; in a pure cost-plus contract, any savings go entirely to the owner. Shared savings in CMAR provides middle ground — the CM benefits from good cost management but doesn't pocket all the savings.
The incentive structure of shared savings only works if the GMP was realistic. If the GMP is inflated (contingency padded, assumptions conservative), "savings" can be illusory — the CM captures savings that weren't really savings but rather padding that should never have been in the GMP. Owners work with cost consultants during GMP negotiation to test assumptions and avoid inflated baselines.
Several contract templates support CMAR:
CMAR standard contract templates
- ConsensusDocs 500 — CM/GC agreement with GMP
- AIA A133 — Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the cost of the work plus a fee with a GMP
- AIA A134 — same but without GMP (GMP becomes optional amendment)
- ConsensusDocs 510 — for projects that don't use GMP (more like CM agency)
The AIA and ConsensusDocs templates take somewhat different approaches but cover the same essential elements — preconstruction scope, construction phase scope, GMP mechanics, subcontractor buyout, change management, shared savings, and termination.
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During the construction phase, the CM is responsible for managing the subcontractor tier just as a GC would. Subcontractor buyout — the process of selecting and contracting trade partners — is a major CM activity:
CMAR subcontractor buyout
- Bid packages developed from construction documents
- Invitations to qualified subcontractors (may be open bid or pre-qualified)
- Bid evaluation considering price, schedule, qualifications, and responsiveness
- Subcontract award and execution
- Owner approval of major subcontractors (varies by contract)
Open-book buyout is common in CMAR — subcontractor bids are shared with the owner and design team, providing transparency about the actual project costs. The CM typically needs owner consent for sub selections, particularly for major trades, ensuring the owner knows who's doing what on the project.
Change management in CMAR operates within the GMP framework:
CMAR change management
- Changes within the GMP scope — CM absorbs as part of the GMP; no change order
- Changes that add scope beyond the GMP — change order adjusts the GMP upward
- Design evolution within assumed scope — CM absorbs (per GMP assumptions)
- Differing conditions — potentially change order depending on GMP assumptions
- Owner-directed changes — definite GMP adjustment
The GMP assumptions and exclusions determine which changes trigger GMP adjustments. Well-drafted GMP proposals clearly identify what was assumed, so later conditions can be evaluated against the baseline. GMP proposals that were vague about assumptions produce more change-order disputes.
Public sector CMAR has specific variations due to procurement law constraints. Many states have authorizing statutes that allow agencies to use CMAR only in specific circumstances or with specific procedures. Common public CMAR features:
Public sector CMAR variations
- Statutory authority required — not all public agencies can use CMAR without specific legislation
- Structured selection process — often two-step with qualifications screening
- Public bid of subcontractor trades — CM performs buyout with owner oversight, similar to public bid requirements
- Prevailing wage compliance throughout — applies to both CM self-performed work and subs
- Open-book cost visibility — owner typically has right to audit all project costs
The public CMAR model provides much of the collaboration and cost control of private CMAR while preserving public procurement principles through structured selection and open buyout.
Whether the CM can self-perform work (do work with its own forces rather than subcontract it) varies by contract and jurisdiction. Public CMAR projects often restrict self-performance — the CM must bid the work like any other trade, or self-performance requires specific owner approval. Private CMAR often allows self-performance more readily, but at the CM's actual cost (not a marked-up rate).
Self-performance can create conflict of interest concerns. A CM who self-performs a trade and also evaluates bids for that trade has an incentive to steer work to themselves. Owners often require third-party cost verification or competitive benchmarking for self-performed work.
CMAR sits between traditional design-bid-build and design-build in delivery method characteristics:
Delivery method comparison
- Design-bid-build — owner-designer contract; separate owner-contractor contract signed after design complete; contractor selected by low bid (typically); single source of design responsibility (designer); no contractor input during design
- CMAR — owner-designer contract; separate owner-CM contract signed during design; CM selected by qualifications/fee; CM provides preconstruction input then transitions to GMP
- Design-build — single owner-DB contract; designer is a sub to the DB entity; DB takes responsibility for both design and construction; GMP or fixed-price contracting; design-DB integration from start
CMAR preserves the owner-designer relationship (unlike design-build where the designer works for the DB entity), which some owners prefer. CMAR provides early CM input (unlike design-bid-build), which helps with cost control and constructability. The tradeoff is that design responsibility remains with the designer, not the CM.
Construction Manager at Risk delivery combines early CM involvement during design (preconstruction phase) with GMP-based cost control during construction. The CM provides constructability, cost, schedule, and market input while the design is still developing, then takes on the GC-style construction role under a Guaranteed Maximum Price that caps owner exposure. Shared savings provide incentive for cost control. Standard contract templates (ConsensusDocs 500, AIA A133) structure the relationship. CMAR has become the dominant alternative to design-bid-build on complex projects where early CM input adds value but the owner wants to preserve direct contract with the designer. CM selection is qualifications-based rather than pure low-bid; GMP establishment requires design development to a pricing-ready level; and subcontractor buyout with open-book transparency characterizes the execution phase. Contractors successful in CMAR develop preconstruction capability (cost estimating, scheduling, constructability) alongside construction execution — the two-phase model rewards firms that excel at both.
Written by
Marcus Reyes
Construction Industry Lead
Spent twelve years running AP at a $120M general contractor before joining Covinly. Lives in the world of AIA G702/G703, retainage schedules, and lien waiver deadlines. Writes about the construction-specific workflows that generic AP tools get wrong.
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