CMAR contracts offer owners early collaboration with a contractor during the design phase, followed by a Guaranteed Maximum Price (GMP) when construction begins. It’s a flexible and increasingly popular delivery method—but only if the contract clearly defines roles, risk, and responsibility.

At Elkhoury Law, I help owners, contractors, and construction managers draft and negotiate CMAR contracts that actually work in the real world. And when issues arise—scope creep, delays, GMP disputes—I help clients stay on track or enforce their rights.

What is a CMAR Contract?

Construction Manager at Risk (CMAR or CM/GC) is a project delivery model that splits design and construction into phases but brings the contractor in early to collaborate with the design team. The CMAR advises during design, helps develop pricing, and then builds the project—usually under a GMP that includes their fee, cost of work, and contingencies.

The CMAR model offers:

• Collaborative preconstruction input on scheduling, budgeting, and constructability

• Risk control through a negotiated GMP and clear change order structure

• Owner visibility into costs and subcontractor selection

Commonly used in:

• Public sector projects and higher education

• Healthcare and institutional facilities

• Complex commercial and infrastructure projects

Legal Services for CMAR Projects

Whether you’re issuing a CMAR RFP or responding as a proposer, I help ensure your contract reflects how the project will actually be managed—start to finish.

Contract Drafting & Negotiation

• Drafting, revising, and negotiating contracts tailored to CMAR-specific issues

• Advising on:

  • Preconstruction services scope and deliverables

  • GMP development and cost-of-work definitions

  • Shared savings, contingencies, and fee structures

  • Risk allocation and management

  • Subcontractor procurement and open-book accounting

  • Schedule milestones and phasing plans

• Working with standard forms (AIA, ConsensusDocs) or custom agreements

Project Oversight & Risk Management

• Advising during preconstruction on design coordination, budgeting, and constructability

• Monitoring compliance with procurement rules (especially for public projects)

• Helping document delays, unforeseen conditions, and cost exposures

• Preparing or responding to change claims

• Addressing scope gaps between architect and CMAR responsibilities

Dispute Resolution & Litigation

• Handling claims involving:

  • GMP overages or contingency misuse

  • Delays or acceleration issues

  • Unapproved scope growth or design changes

  • Termination, payment, or audit disputes

• Representing clients in claim negotiations, mediation, arbitration, or litigation

• Working with experts to analyze technical issues and project delays

Why Work with Elkhoury Law on CMAR Contracts?

I speak fluent construction. I’ve helped negotiate and resolve CMAR issues across sectors, and I know where the problems show up—between design and GMP, in subcontracting procedures, and when contingency dollars get tight. My job is to help you see those problems coming and build a contract (and paper trail) that protects your side.

And when collaboration fails? I’ll help you enforce the deal.

Smart Legal Counsel for Collaborative Delivery

Whether you're an owner seeking transparency or a contractor managing risk, Elkhoury Law provides practical, focused legal support for CMAR projects across Texas.