The Kemp Construction Company $($the client$)$ is ready to negotiate a contract with a

construction firm for a $$32$ million office building project. The design$-$development

documents $($DDs$)$ are complete. The building permit has been applied for and is scheduled to

be issued in three months. The architect has requested the owner now bring on a contractor to

assist with the balance of preconstruction services, estimating, scheduling, constructability

analysis, material selections, and value engineering $($VE$)$ during the construction document

$($CD$)$ development phase. Kemp Construction Company $($the client$)$ and the architect have

received written proposals and conducted interviews and have narrowed the short list down to

two firms who have a completely different approach to contracting. Both appear to be equally

qualified with respect to experience, references, availability, etc. Both firms have worked with

the architect and the owner successfully on previous projects. Both firms are quoting a

competitive $4\%$ fee on top of the cost of the work. All other conditions are equal. The only

difference between the two firms is that one is a pure construction manager and will

subcontract $100\%$ of the project except jobsite administration. The other is a typical general

contractor. The General Contractor $($GC$)$ is only interested in building the project if they are

allowed to perform the work that they customarily self$-$perform, such as concrete, carpentry,

reinforcement steel, structural steel, and miscellaneous specialty installation, which will

account for $40\%$ of the cost of the work on this shell.

Questions:

$($NOTE: Explain Your Answers in Detail.

Think Outside the box i$.$e$.$ subsequent damages, countersuits$)$

Sell your position and be creative. Use the tools you have learned from this course

textbooks, construction and$/$or engineering classes, professional experience, and outside

research to convince the owner that the Construction Manager $($CM$)$ procurement

approach is more advantageous than the typical general contractor. REMEMBER

APPROACH THIS QUESTION FROM A LEGAL PERSPECTIVE BASED ON LAW.

Take the position of the Construction Manager $($CM$).$

$$ Why is it to the owner$$s and the architect$$s advantage to employ your$/$the firm

during the preconstruction phase?

$$ What are the advantages of using a CM during the construction phase? Does that

help or put an owner at risk legally? Explain why of why not?

$$ Discuss project control issues, including quality, safety, schedule, and cost. How do

those issues effect the project legally?

$$ Is a CM at risk truly an owner$$s representative legally? Why or why not.

$$ Why is it better for you that your firm is selected now and on board when the tenant

improvement projects become available? Does the GC hide costs? Is this legal?