The state of Ohio is regularly utilizing a “best value” approach to select “at risk” CMs on a subjective basis to perform work on a “cost plus” Guaranteed Maximum Price (GMP) basis. One frequent area of differing interests surrounds the establishment of a GMP after the contract has been awarded and significant pre-construction compensation paid. […]
Construction contracts are often times voluminous documents where those not accustomed to dealing with them on a consistent basis have trouble “seeing the forest through the trees.” This can make it difficult for owners to recognize and adequately negotiate the key terms that play the largest role in how construction risk and costs are allocated. […]