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Construction Management Agency: Not at Risk?


Critical information for anyone who will or may participate in a construction project using a construction manager agent.

Public and private owners of construction projects are increasingly looking to construction managers to act as their agents in managing and administering construction projects. Construction manager agents can add industry training, experience, capabilities, and expertise that the owners do not have with their own employees. Referring to a construction manager agent as a construction manager not-at-risk is a misnomer. The use of a construction manager agent does not guarantee the absence of claims and disputes on a construction project. While the use of a construction manager agent can facilitate early recognition and resolution of claims and disputes, it can also lead to the expectation that the construction manager agent could have avoided the claims and disputes in the first place. In addition, an owner and a construction manager agent can be liable to third parties for the acts and omissions of a construction manager agent. This program will help owners, developers, construction managers, contractors, subcontractors, design professionals, and others in the construction industry navigate the often murky liability issues that can arise when a construction manager agent is used on a construction project. By focusing on these liability issues, attendees will develop a better understanding of the role construction manager agents play in managing and administering construction projects.



Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm.
  • Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Worked for an ENR® top 50 general contractor
  • Drafted form construction contracts for the Associated Owners and Developers, a national association
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer on construction law
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
  • Contact information [email protected], [email protected], and (404) 815-3711

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