Construction Management Lawyer
in Houston, TX.

Andrew Elkhoury

Construction Management (CM) Agreements offer owners a professional partner to plan, coordinate, and oversee construction—often before the first shovel hits the ground. Whether acting as an advisor or taking on the risk, the CM’s role must be clearly defined in the contract. Ambiguity leads to conflict, but precision prevents it.

At Elkhoury Law, I help owners, construction managers, and project teams structure CMAs that clarify roles, reduce risk, and support smooth project delivery.

What is a Construction Management Agreement?

A Construction Management agreement is a contract between a project owner and a Construction Manager (CM) who provides professional services throughout the project. There are two primary CM delivery types:

🔹 CM as Advisor (CMa)

  • The CM provides preconstruction and construction-phase services without holding trade contracts

  • The owner contracts directly with designers and contractors

  • Common in complex or phased projects, especially public works

🔹 CM at Risk (CMAR or CM/GC)

  • The CM holds the trade contracts and provides a Guaranteed Maximum Price (GMP)

  • Combines preconstruction services with actual construction delivery

  • Offers collaboration + risk transfer

Whether you’re working with a CMa or a CMAR, the contract has to clearly define who’s doing what—and when.

How Elkhoury Law Supports CM Agreements

I help all stakeholders—owners, CMs, and other project participants—structure CM agreements that anticipate scope, define authority, and reduce risk across all phases.

Contract Drafting & Negotiation

  • Drafting and negotiating CM agreements based on the delivery model (CMa or CMAR)

  • Addressing:

    • Preconstruction services scope (cost estimating, scheduling, constructability reviews)

    • Procurement responsibilities and bid phase duties

    • GMP development, fee structure, and contingency handling (for CMAR)

    • Liability and indemnity tied to oversight, site safety, and coordination

    • Reporting obligations and decision-making authority

Project Oversight & Risk Management

  • Reviewing owner-CM and CM-trade contracts for alignment

  • Advising on:

    • Trade contractor disputes and performance issues

    • Delay analysis and schedule risk

    • Documentation of changes, cost projections, and notice provisions

  • Supporting internal teams with strategic contract interpretation during execution

Dispute Resolution & Litigation

  • Handling disputes involving:

    • Alleged failures in oversight or schedule management

    • GMP overages or cost-control breakdowns

    • Conflicts between the CM and trade contractors

    • Scope creep, undocumented changes, or site coordination failures

  • Resolving issues through negotiation, mediation, arbitration, or litigation

Why Work with Elkhoury Law?

Because the Construction Manager’s role is part legal, part logistical, and part relational. I help my clients draw the line between advisory and control, between coordination and responsibility, and between flexibility and exposure. Whether you’re building a hospital or a data center, I make sure the contract matches how the job will actually run.

Supporting CM Teams and Project Owners Across Texas

Elkhoury Law delivers legal counsel rooted in construction reality—not just legal theory. If you’re working under a CM model, I’ll help make sure your agreement reflects it, supports it, and holds up when the pressure’s on.

Construction advisors need clear contracts too.