Will an at-risk CM be held to the same standard of care as an agency CM?

The assertion that an at-risk construction manager (CM) will not be held to the same standard of care as an agency CM is accurate. An agency CM typically acts as an advisor to the owner and primarily represents the owner's interests throughout the construction process. Their responsibility is to provide recommendations and guidance without assuming significant financial risk for the project's execution.

In contrast, an at-risk CM, also known as a construction manager at-risk (CMAR), has contractual responsibilities that include guaranteeing the project's completion within a specified budget and timeframe. This role elevates their level of accountability, as they not only provide management services but also absorb certain risks associated with the project. While both roles must adhere to a professional standard of care, the nature of their contractual obligations and risks differs substantially.

The standard of care in construction often refers to the duty to perform services with the level of skill, care, and diligence expected from a reasonably competent professional in the field. Since the at-risk CM is directly accountable for the delivery of the project and bears the consequences of execution, their standard of care is influenced by the dual roles of managing the project and ensuring its success.

Therefore, the statement accurately reflects the differences between these two roles in terms of legal and practical responsibilities in the management of