Contract Document Set and Forms of Agreement
5 minutes
5 Questions
In the Certified Construction Manager (CCM) body of knowledge, the Contract Document Set is the complete collection of written and graphic instruments that define the legal, technical, and administrative obligations of the parties on a construction project. It typically includes the Agreement itself, General Conditions, Supplementary Conditions, Specifications (often organized by CSI MasterFormat), Drawings, Addenda issued before bid or proposal, and Modifications issued after execution (change orders, construction change directives, and field orders). Bid documents, such as instructions to bidders and bid forms, are generally not part of the contract unless specifically incorporated. The CM must understand the hierarchy and precedence of these documents because conflicts among them are resolved according to the order stated in the General Conditions, and the CM is often responsible for coordinating, distributing, and controlling the official record set throughout the project. Forms of Agreement are the standardized contract templates that establish the relationship, roles, and risk allocation among the Owner, Designer, Contractor, and Construction Manager. The Construction Management Association of America (CMAA) publishes its own family of agreements, such as CMAA A-1 (Owner-CM Agreement for CM as Agent/Advisor) and CMAA CMAR-1 (CM at Risk), with companion General Conditions. Other widely used families include AIA (e.g., A101, A201, C132), ConsensusDocs, EJCDC, and DBIA documents. Each family aligns with a delivery method: CM Agency, CM at Risk, Design-Bid-Build, Design-Build, or Integrated Project Delivery. For program and project management, selecting the proper form of agreement is a strategic decision made during the pre-design phase. It determines who holds the trade contracts, how the Guaranteed Maximum Price is handled, how changes and claims are administered, and what fiduciary duties the CM owes. A CCM must ensure that all documents in the set are coordinated, that supplementary conditions do not unintentionally shift risk, and that the agreement supports the Owner's budget, schedule, and quality goals while providing clear dispute resolution procedures.
Contract Document Set and Forms of Agreement (CMAA CCM – Program and Project Management)
1. Why This Topic Matters
Every construction project is ultimately governed by its contract documents. For the Certified Construction Manager (CCM), the contract document set is the legal and technical backbone that defines what will be built, who is responsible for what, how risk is allocated, how money flows, and how disputes are resolved. In the CMAA Body of Knowledge (CM Standards of Practice), understanding the document set and the various forms of agreement sits at the heart of Program and Project Management because the CM is expected to help the Owner select, assemble, coordinate, and administer these documents. On the CCM exam, this topic is tested heavily because a CM who does not know what is (and is not) a contract document, how documents rank against one another, or which standard agreement form matches which delivery method cannot competently protect the Owner's interests.
2. What Is the Contract Document Set?
The contract document set is the complete collection of written and graphic documents that together form the legally binding agreement between the parties. In a typical Owner–Contractor construction contract, the set includes:
a) The Agreement (Form of Agreement) – The signed instrument that identifies the parties, the Work, the contract sum or pricing method, the contract time, and lists (incorporates by reference) all other contract documents.
b) General Conditions – The standard 'boilerplate' articles defining roles, rights, and responsibilities of Owner, Contractor, Designer, and CM; covering payments, changes, time, claims, insurance, termination, and dispute resolution. Examples: AIA A201, CMAA A-3, EJCDC C-700, ConsensusDocs 200 provisions.
c) Supplementary (Special) Conditions – Project-specific modifications and additions to the General Conditions (e.g., local law requirements, Owner's insurance limits, site-specific constraints, liquidated damages amounts).
d) Specifications – Written technical requirements for materials, workmanship, and quality, usually organized per the CSI MasterFormat. Division 00 (Procurement and Contracting Requirements) and Division 01 (General Requirements) are the 'front end' documents the CM most often prepares or reviews.
e) Drawings – Graphic representation of the Work: plans, elevations, sections, details, schedules.
f) Addenda – Written changes issued before bid opening or contract execution that modify the bidding or contract documents. Addenda become part of the contract.
g) Modifications – Changes issued after contract execution: Change Orders, Construction Change Directives (CCDs), written amendments, and Architect's/Engineer's Supplemental Instructions (minor changes not involving cost or time).
h) Exhibits and Attachments – Geotechnical reports (often provided 'for information only'), schedules, permits, Owner's standards, BIM execution plans, safety programs, etc., only when expressly incorporated.
What is generally NOT a contract document? Bidding/procurement documents such as the Invitation to Bid, Instructions to Bidders, the bid form itself, and pre-bid meeting minutes are typically not contract documents unless the Agreement expressly incorporates them. Shop drawings, submittals, product data, and samples are also not contract documents; they are the Contractor's demonstration of how it intends to comply with the contract documents. Exam questions frequently test this distinction.
3. Order of Precedence
Because documents sometimes conflict, well-drafted contracts include an order-of-precedence clause. A common hierarchy is: Modifications (most recent governs) → Agreement → Addenda → Supplementary Conditions → General Conditions → Specifications → Drawings. Within drawings, large-scale details typically govern over small-scale drawings, and figured dimensions govern over scaled dimensions. Many standard forms (e.g., AIA A201) instead state that the documents are 'complementary' and what is required by one is required by all, with the Contractor required to request clarification from the Architect. The CM should know the specific hierarchy used on the project and ensure the Supplementary Conditions clearly state it.
4. Forms of Agreement – Standard Industry Documents
Standard forms are published by industry organizations and are widely accepted because they reflect balanced, court-tested language. The CM should be familiar with:
CMAA Standard Forms
• CMAA A-1 – Standard Form of Agreement Between Owner and Construction Manager (CM as Owner's agent/adviser).
• CMAA A-2 – Standard Form of Agreement Between Owner and Contractor (for use with the CM agency model).
• CMAA A-3 – General Conditions of the Construction Contract (CM agency).
• CMAA A-4 – Standard Form of Agreement Between Owner and Designer (CM agency).
• CMAA CMAR-1, CMAR-2, CMAR-3 – Agreement, General Conditions, and Owner–Designer Agreement for the Construction Manager at Risk model.
AIA Documents
• A101 (Owner–Contractor, Stipulated Sum), A102 (Cost Plus with GMP), A103 (Cost Plus without GMP), A201 (General Conditions), B101 (Owner–Architect), A132/A232/B132/C132 (CM as Adviser family), A133/A134 (CM as Constructor), A141 (Design-Build), C191 (IPD multi-party).
ConsensusDocs – ConsensusDocs 200 (Owner–Contractor Lump Sum), 500 (CM at Risk), 801 (Owner–CM Agency), 300 (IPD tri-party), 400 series (Design-Build).
EJCDC – Engineers Joint Contract Documents Committee forms, common on infrastructure/civil projects (C-520 Agreement, C-700 General Conditions, E-500 Owner–Engineer).
DBIA – Design-Build Institute of America forms for design-build contracting.
Public agency forms – Federal (FAR clauses), state DOTs, and municipalities often use proprietary forms that the CM must review carefully because risk allocation can differ significantly from the industry standards.
5. Forms of Agreement by Delivery Method
The form of agreement must match the project delivery method:
• Design-Bid-Build (DBB) – Separate Owner–Designer and Owner–General Contractor agreements; CM (if any) serves as agent/adviser.
• CM Agency (CM as Adviser / Multiple Prime) – Owner–CM professional services agreement (CMAA A-1); Owner holds direct contracts with one or more prime contractors; CM has no contractual relationship with contractors and carries no construction cost risk.
• CM at Risk (CMAR / CM as Constructor) – Owner–CM agreement in two phases: preconstruction services (fee-based) then construction with a Guaranteed Maximum Price (GMP) amendment; CM holds the trade subcontracts and is at risk for cost and schedule.
• Design-Build – Single contract between Owner and a design-builder responsible for both design and construction; CM often represents the Owner as an independent adviser.
• Integrated Project Delivery (IPD) – Multi-party agreement among Owner, Designer, and Builder with shared risk/reward.
• Program Management – Owner–Program Manager agreement covering multiple projects, often with the PM assisting in selection of all downstream agreement forms.
6. Forms of Agreement by Compensation/Pricing Method
• Lump Sum / Stipulated Sum – Fixed price for defined scope; Contractor bears cost risk; requires complete documents.
• Cost Plus Fee – Owner reimburses allowable costs plus fixed or percentage fee; Owner bears cost risk; requires audit rights and clear definition of reimbursable costs.
• Cost Plus Fee with GMP – Cost reimbursable up to a cap; savings may be shared; typical of CMAR.
• Unit Price – Payment per measured quantity; common for earthwork, utilities, paving where quantities are uncertain.
• Time and Materials – Labor rates plus materials; used for small, undefined, or emergency work, often with a not-to-exceed limit.
7. Key Provisions the CM Must Understand in the Document Set
• Scope definition and incorporation by reference
• Contract time, Notice to Proceed, Substantial and Final Completion, liquidated damages
• Payment procedures, schedule of values, retainage, lien waivers
• Changes clause (Change Orders, CCDs, unilateral vs. bilateral changes)
• Differing site conditions (Type I and Type II)
• Delays, time extensions, excusable/compensable/non-compensable delays, no-damages-for-delay clauses
• Claims notice requirements and time limits
• Dispute resolution ladder: negotiation, mediation, Dispute Review Board, arbitration, litigation
• Insurance (CGL, builder's risk, professional liability, workers' compensation) and bonds (bid, performance, payment)
• Indemnification and limitation of liability
• Warranties, correction period, and close-out requirements
• Termination for convenience vs. termination for cause
• Flow-down clauses binding subcontractors to prime contract terms
• Owner's and CM's authority – critically, in the agency model the CM has only the authority granted in the Owner–CM agreement and the construction contract; the CM cannot bind the Owner beyond that authority.
8. How It Works – The CM's Role Across Project Phases
Pre-Design/Design Phase: The CM advises the Owner on delivery method and contracting strategy, recommends appropriate standard forms, drafts or reviews Division 00 and 01, prepares Supplementary Conditions tailored to the project, and performs constructability and coordination reviews so that drawings and specifications are complete, coordinated, and biddable. The CM ensures consistency among the Owner–Designer, Owner–CM, and Owner–Contractor agreements (for example, that the Designer's agreement obligates the Designer to provide the construction-phase services that the General Conditions assume).
Procurement Phase: The CM manages the bidding documents, issues addenda, conducts pre-bid conferences, evaluates bids, and assembles the final conformed contract document set for execution, confirming that all addenda are listed and that executed bonds and insurance certificates are received before the Notice to Proceed.
Construction Phase: The CM administers the contract according to its terms: processes submittals and RFIs, reviews pay applications, manages the change process, enforces notice provisions, documents conditions, and maintains the contract files. Every decision must be traceable to a specific contract document.
Close-out: The CM confirms all modifications are incorporated, record documents (as-builts) are delivered, warranties collected, and final payment released in accordance with the contract.
9. Exam Tips: Answering Questions on Contract Document Set and Forms of Agreement
Tip 1 – Know what is and is not a contract document. If a question asks whether shop drawings, bid forms, or pre-bid meeting minutes are contract documents, the standard answer is no unless expressly incorporated. Addenda and Change Orders are contract documents.
Tip 2 – Apply the order of precedence logically. More specific and more recent documents generally govern: Modifications over the original Agreement, Supplementary Conditions over General Conditions, Specifications over Drawings (in most hierarchies), large-scale details over small-scale, and written dimensions over scaled dimensions. If the question says the contract treats documents as 'complementary,' the right action is to seek clarification from the Designer, not to unilaterally choose.
Tip 3 – Match the form to the delivery method. Agency CM = CMAA A-1/A-2/A-3 or AIA C132/A132/A232; CMAR = CMAA CMAR series, AIA A133/A134, ConsensusDocs 500; Design-Build = AIA A141, DBIA, ConsensusDocs 400 series; lump-sum DBB = AIA A101/A201 or ConsensusDocs 200.
Tip 4 – Remember the CM's contractual position. In the agency model the CM is the Owner's fiduciary-like adviser, has no contract with the Contractor, and acts only within the authority granted by the Owner–CM agreement. Answers that have the agency CM directing means and methods, guaranteeing cost, or issuing changes without Owner authorization are almost always wrong. In CMAR, the CM holds the trade contracts and bears GMP risk.
Tip 5 – Prefer standard forms. When asked what the CM should recommend, the CMAA perspective favors recognized standard industry documents that are balanced and coordinated, modified by Supplementary Conditions rather than rewriting the General Conditions.
Tip 6 – Think 'the contract governs.' Questions describing a dispute, a delay, a payment issue, or a scope disagreement usually have the correct answer rooted in reading and following the specific contract provision, including notice requirements and the dispute-resolution ladder, before escalating.
Tip 7 – Watch for risk-allocation keywords. Lump sum places cost risk on the Contractor; cost-plus places it on the Owner; GMP caps Owner exposure; unit price shifts quantity risk to the Owner and productivity risk to the Contractor. Differing site conditions clauses shift unforeseen subsurface risk to the Owner in exchange for lower contingency pricing.
Tip 8 – Distinguish Addenda from Modifications. Addenda are issued before bids/contract execution; Change Orders, CCDs, and amendments are issued after. A question about changing the documents during bidding is answered with 'issue an addendum.'
Tip 9 – Division 00 vs. Division 01. Division 00 contains procurement and contracting requirements (bid docs, Agreement, Conditions); Division 01 contains General Requirements that govern how the Work is administered (submittals, scheduling, quality control, temporary facilities, close-out). The CM typically prepares or heavily influences both.
Tip 10 – Eliminate answers that bypass the Owner or the Designer. The CMAA standard of practice emphasizes defined roles: the Designer interprets design intent, the Owner makes contractual decisions, and the CM coordinates, advises, and administers. Select the answer that respects the contract documents' allocation of authority.
10. Quick Review Summary
• The contract document set = Agreement + Conditions (General and Supplementary) + Specifications + Drawings + Addenda + Modifications + incorporated exhibits.
• Bidding documents, submittals, and shop drawings are not contract documents unless incorporated.
• Order of precedence resolves conflicts; know the project's hierarchy.
• Standard forms (CMAA, AIA, ConsensusDocs, EJCDC, DBIA) should be selected to match the delivery method and compensation method.
• The CM's authority derives solely from the agreements; in agency CM the CM carries no construction risk, in CMAR the CM guarantees price and holds the trade contracts.
• Successful contract administration means every action, payment, change, and decision is anchored in a specific provision of the document set.
Every construction project is ultimately governed by its contract documents. For the Certified Construction Manager (CCM), the contract document set is the legal and technical backbone that defines what will be built, who is responsible for what, how risk is allocated, how money flows, and how disputes are resolved. In the CMAA Body of Knowledge (CM Standards of Practice), understanding the document set and the various forms of agreement sits at the heart of Program and Project Management because the CM is expected to help the Owner select, assemble, coordinate, and administer these documents. On the CCM exam, this topic is tested heavily because a CM who does not know what is (and is not) a contract document, how documents rank against one another, or which standard agreement form matches which delivery method cannot competently protect the Owner's interests.
2. What Is the Contract Document Set?
The contract document set is the complete collection of written and graphic documents that together form the legally binding agreement between the parties. In a typical Owner–Contractor construction contract, the set includes:
a) The Agreement (Form of Agreement) – The signed instrument that identifies the parties, the Work, the contract sum or pricing method, the contract time, and lists (incorporates by reference) all other contract documents.
b) General Conditions – The standard 'boilerplate' articles defining roles, rights, and responsibilities of Owner, Contractor, Designer, and CM; covering payments, changes, time, claims, insurance, termination, and dispute resolution. Examples: AIA A201, CMAA A-3, EJCDC C-700, ConsensusDocs 200 provisions.
c) Supplementary (Special) Conditions – Project-specific modifications and additions to the General Conditions (e.g., local law requirements, Owner's insurance limits, site-specific constraints, liquidated damages amounts).
d) Specifications – Written technical requirements for materials, workmanship, and quality, usually organized per the CSI MasterFormat. Division 00 (Procurement and Contracting Requirements) and Division 01 (General Requirements) are the 'front end' documents the CM most often prepares or reviews.
e) Drawings – Graphic representation of the Work: plans, elevations, sections, details, schedules.
f) Addenda – Written changes issued before bid opening or contract execution that modify the bidding or contract documents. Addenda become part of the contract.
g) Modifications – Changes issued after contract execution: Change Orders, Construction Change Directives (CCDs), written amendments, and Architect's/Engineer's Supplemental Instructions (minor changes not involving cost or time).
h) Exhibits and Attachments – Geotechnical reports (often provided 'for information only'), schedules, permits, Owner's standards, BIM execution plans, safety programs, etc., only when expressly incorporated.
What is generally NOT a contract document? Bidding/procurement documents such as the Invitation to Bid, Instructions to Bidders, the bid form itself, and pre-bid meeting minutes are typically not contract documents unless the Agreement expressly incorporates them. Shop drawings, submittals, product data, and samples are also not contract documents; they are the Contractor's demonstration of how it intends to comply with the contract documents. Exam questions frequently test this distinction.
3. Order of Precedence
Because documents sometimes conflict, well-drafted contracts include an order-of-precedence clause. A common hierarchy is: Modifications (most recent governs) → Agreement → Addenda → Supplementary Conditions → General Conditions → Specifications → Drawings. Within drawings, large-scale details typically govern over small-scale drawings, and figured dimensions govern over scaled dimensions. Many standard forms (e.g., AIA A201) instead state that the documents are 'complementary' and what is required by one is required by all, with the Contractor required to request clarification from the Architect. The CM should know the specific hierarchy used on the project and ensure the Supplementary Conditions clearly state it.
4. Forms of Agreement – Standard Industry Documents
Standard forms are published by industry organizations and are widely accepted because they reflect balanced, court-tested language. The CM should be familiar with:
CMAA Standard Forms
• CMAA A-1 – Standard Form of Agreement Between Owner and Construction Manager (CM as Owner's agent/adviser).
• CMAA A-2 – Standard Form of Agreement Between Owner and Contractor (for use with the CM agency model).
• CMAA A-3 – General Conditions of the Construction Contract (CM agency).
• CMAA A-4 – Standard Form of Agreement Between Owner and Designer (CM agency).
• CMAA CMAR-1, CMAR-2, CMAR-3 – Agreement, General Conditions, and Owner–Designer Agreement for the Construction Manager at Risk model.
AIA Documents
• A101 (Owner–Contractor, Stipulated Sum), A102 (Cost Plus with GMP), A103 (Cost Plus without GMP), A201 (General Conditions), B101 (Owner–Architect), A132/A232/B132/C132 (CM as Adviser family), A133/A134 (CM as Constructor), A141 (Design-Build), C191 (IPD multi-party).
ConsensusDocs – ConsensusDocs 200 (Owner–Contractor Lump Sum), 500 (CM at Risk), 801 (Owner–CM Agency), 300 (IPD tri-party), 400 series (Design-Build).
EJCDC – Engineers Joint Contract Documents Committee forms, common on infrastructure/civil projects (C-520 Agreement, C-700 General Conditions, E-500 Owner–Engineer).
DBIA – Design-Build Institute of America forms for design-build contracting.
Public agency forms – Federal (FAR clauses), state DOTs, and municipalities often use proprietary forms that the CM must review carefully because risk allocation can differ significantly from the industry standards.
5. Forms of Agreement by Delivery Method
The form of agreement must match the project delivery method:
• Design-Bid-Build (DBB) – Separate Owner–Designer and Owner–General Contractor agreements; CM (if any) serves as agent/adviser.
• CM Agency (CM as Adviser / Multiple Prime) – Owner–CM professional services agreement (CMAA A-1); Owner holds direct contracts with one or more prime contractors; CM has no contractual relationship with contractors and carries no construction cost risk.
• CM at Risk (CMAR / CM as Constructor) – Owner–CM agreement in two phases: preconstruction services (fee-based) then construction with a Guaranteed Maximum Price (GMP) amendment; CM holds the trade subcontracts and is at risk for cost and schedule.
• Design-Build – Single contract between Owner and a design-builder responsible for both design and construction; CM often represents the Owner as an independent adviser.
• Integrated Project Delivery (IPD) – Multi-party agreement among Owner, Designer, and Builder with shared risk/reward.
• Program Management – Owner–Program Manager agreement covering multiple projects, often with the PM assisting in selection of all downstream agreement forms.
6. Forms of Agreement by Compensation/Pricing Method
• Lump Sum / Stipulated Sum – Fixed price for defined scope; Contractor bears cost risk; requires complete documents.
• Cost Plus Fee – Owner reimburses allowable costs plus fixed or percentage fee; Owner bears cost risk; requires audit rights and clear definition of reimbursable costs.
• Cost Plus Fee with GMP – Cost reimbursable up to a cap; savings may be shared; typical of CMAR.
• Unit Price – Payment per measured quantity; common for earthwork, utilities, paving where quantities are uncertain.
• Time and Materials – Labor rates plus materials; used for small, undefined, or emergency work, often with a not-to-exceed limit.
7. Key Provisions the CM Must Understand in the Document Set
• Scope definition and incorporation by reference
• Contract time, Notice to Proceed, Substantial and Final Completion, liquidated damages
• Payment procedures, schedule of values, retainage, lien waivers
• Changes clause (Change Orders, CCDs, unilateral vs. bilateral changes)
• Differing site conditions (Type I and Type II)
• Delays, time extensions, excusable/compensable/non-compensable delays, no-damages-for-delay clauses
• Claims notice requirements and time limits
• Dispute resolution ladder: negotiation, mediation, Dispute Review Board, arbitration, litigation
• Insurance (CGL, builder's risk, professional liability, workers' compensation) and bonds (bid, performance, payment)
• Indemnification and limitation of liability
• Warranties, correction period, and close-out requirements
• Termination for convenience vs. termination for cause
• Flow-down clauses binding subcontractors to prime contract terms
• Owner's and CM's authority – critically, in the agency model the CM has only the authority granted in the Owner–CM agreement and the construction contract; the CM cannot bind the Owner beyond that authority.
8. How It Works – The CM's Role Across Project Phases
Pre-Design/Design Phase: The CM advises the Owner on delivery method and contracting strategy, recommends appropriate standard forms, drafts or reviews Division 00 and 01, prepares Supplementary Conditions tailored to the project, and performs constructability and coordination reviews so that drawings and specifications are complete, coordinated, and biddable. The CM ensures consistency among the Owner–Designer, Owner–CM, and Owner–Contractor agreements (for example, that the Designer's agreement obligates the Designer to provide the construction-phase services that the General Conditions assume).
Procurement Phase: The CM manages the bidding documents, issues addenda, conducts pre-bid conferences, evaluates bids, and assembles the final conformed contract document set for execution, confirming that all addenda are listed and that executed bonds and insurance certificates are received before the Notice to Proceed.
Construction Phase: The CM administers the contract according to its terms: processes submittals and RFIs, reviews pay applications, manages the change process, enforces notice provisions, documents conditions, and maintains the contract files. Every decision must be traceable to a specific contract document.
Close-out: The CM confirms all modifications are incorporated, record documents (as-builts) are delivered, warranties collected, and final payment released in accordance with the contract.
9. Exam Tips: Answering Questions on Contract Document Set and Forms of Agreement
Tip 1 – Know what is and is not a contract document. If a question asks whether shop drawings, bid forms, or pre-bid meeting minutes are contract documents, the standard answer is no unless expressly incorporated. Addenda and Change Orders are contract documents.
Tip 2 – Apply the order of precedence logically. More specific and more recent documents generally govern: Modifications over the original Agreement, Supplementary Conditions over General Conditions, Specifications over Drawings (in most hierarchies), large-scale details over small-scale, and written dimensions over scaled dimensions. If the question says the contract treats documents as 'complementary,' the right action is to seek clarification from the Designer, not to unilaterally choose.
Tip 3 – Match the form to the delivery method. Agency CM = CMAA A-1/A-2/A-3 or AIA C132/A132/A232; CMAR = CMAA CMAR series, AIA A133/A134, ConsensusDocs 500; Design-Build = AIA A141, DBIA, ConsensusDocs 400 series; lump-sum DBB = AIA A101/A201 or ConsensusDocs 200.
Tip 4 – Remember the CM's contractual position. In the agency model the CM is the Owner's fiduciary-like adviser, has no contract with the Contractor, and acts only within the authority granted by the Owner–CM agreement. Answers that have the agency CM directing means and methods, guaranteeing cost, or issuing changes without Owner authorization are almost always wrong. In CMAR, the CM holds the trade contracts and bears GMP risk.
Tip 5 – Prefer standard forms. When asked what the CM should recommend, the CMAA perspective favors recognized standard industry documents that are balanced and coordinated, modified by Supplementary Conditions rather than rewriting the General Conditions.
Tip 6 – Think 'the contract governs.' Questions describing a dispute, a delay, a payment issue, or a scope disagreement usually have the correct answer rooted in reading and following the specific contract provision, including notice requirements and the dispute-resolution ladder, before escalating.
Tip 7 – Watch for risk-allocation keywords. Lump sum places cost risk on the Contractor; cost-plus places it on the Owner; GMP caps Owner exposure; unit price shifts quantity risk to the Owner and productivity risk to the Contractor. Differing site conditions clauses shift unforeseen subsurface risk to the Owner in exchange for lower contingency pricing.
Tip 8 – Distinguish Addenda from Modifications. Addenda are issued before bids/contract execution; Change Orders, CCDs, and amendments are issued after. A question about changing the documents during bidding is answered with 'issue an addendum.'
Tip 9 – Division 00 vs. Division 01. Division 00 contains procurement and contracting requirements (bid docs, Agreement, Conditions); Division 01 contains General Requirements that govern how the Work is administered (submittals, scheduling, quality control, temporary facilities, close-out). The CM typically prepares or heavily influences both.
Tip 10 – Eliminate answers that bypass the Owner or the Designer. The CMAA standard of practice emphasizes defined roles: the Designer interprets design intent, the Owner makes contractual decisions, and the CM coordinates, advises, and administers. Select the answer that respects the contract documents' allocation of authority.
10. Quick Review Summary
• The contract document set = Agreement + Conditions (General and Supplementary) + Specifications + Drawings + Addenda + Modifications + incorporated exhibits.
• Bidding documents, submittals, and shop drawings are not contract documents unless incorporated.
• Order of precedence resolves conflicts; know the project's hierarchy.
• Standard forms (CMAA, AIA, ConsensusDocs, EJCDC, DBIA) should be selected to match the delivery method and compensation method.
• The CM's authority derives solely from the agreements; in agency CM the CM carries no construction risk, in CMAR the CM guarantees price and holds the trade contracts.
• Successful contract administration means every action, payment, change, and decision is anchored in a specific provision of the document set.
Test mode:
CMAA CCM - Contract Document Set and Forms of Agreement Example Questions
Test your knowledge of Contract Document Set and Forms of Agreement
Question 1
Within a complete set of construction contract documents, which statement best describes how the drawings and the specifications complement each other?
Question 2
During contract document development for a fire station, the design shows the apparatus bay ceiling crowded with vehicle exhaust extraction ducts, sprinkler mains, radiant heaters and electrical conduit, all installed by different trades. The owner is concerned that these systems will clash during installation and cause rework and delay. What should the construction manager recommend be included in the contract documents to best address this concern?
Question 3
A courthouse renovation must keep courts in session. The owner requires loud work after hours, escorted access through secure corridors, and four sequenced phases with interim occupancy. The architect wrote these constraints as a narrative memo, and the construction manager placed it in the construction management plan. Before bidding, how should the construction manager recommend these constraints be carried into the bid documents so that they are priced and enforceable?
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