What is one implication of a Designer using the CMAA A-4 instead of AIA B-141/CM regarding professional liability?

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The choice of using CMAA A-4 instead of AIA B-141/CM has significant implications for professional liability, particularly in relation to the responsibilities and obligations of the designer during the construction phase.

When using CMAA A-4, the designer often assumes a more collaborative role with the construction manager, allowing for better coordination and engagement throughout the project lifecycle. This framework usually delineates a clear division of responsibilities and can help to mitigate and manage risks more effectively than the traditional AIA B-141/CM model.

By adopting the CMAA A-4, the designer may experience reduced exposure during the construction phase because this contract typically outlines a shared approach to risk management, involvement in project oversight, and limiting liability to the scope of services provided. As a result, the structured collaboration often leads to clearer communication and expectations between all parties involved, which in turn can help minimize misunderstandings and claims that could arise from design or construction issues.

Therefore, this shift in contractual framework can significantly influence the level of professional liability an architect or designer experiences, often leading to decreased exposure as the roles and responsibilities are better defined and managed.

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