Alternative Project Delivery – Construction-Management-at-Risk in Massachusetts

Many of the projects that West Group Law PLLC attorneys work on involve alternative project delivery methods. Alternative project delivery methods are distinct from the typical design-bid-build method and are intended to streamline design and construction, reduce risks, and provide opportunity for innovation. For example, West Group Law PLLC is representing the City of Brockton, MA in connection with the construction of an almost 118,000 square foot public safety facility that will house new headquarters for the City’s Fire, Police, Information Technology, and Emergency Response Departments. The City is utilizing the alternative delivery method of construction-management-at-risk that is permitted for public construction pursuant to Massachusetts General Laws, Chapter 149A. Under a construction-management-at-risk method, a construction-management-at-risk firm provides a range of preconstruction services and construction management services which may include cost estimation and consultation regarding the design of the building project, the preparation and coordination of bid packages, scheduling, cost control, and value engineering, acting as the general contractor during the construction, detailing the trade contractor scope of work, holding the trade contracts and other subcontracts, prequalifying and evaluating trade contractors and subcontractors, and providing management and construction services, all at a guaranteed maximum price, which represents the maximum amount to be paid by the City for the building project. Chapter 149A requires an application to the Massachusetts Inspector General’s Office and a notice to proceed from that Office before a project can utilize either the construction-management-at-risk or design-build alternative delivery method. If a notice to proceed is issued by the Inspector General, Chapter 149A requires a two-phase procurement process consisting of a request for qualifications (“RFQ”) phase where a short list of prequalified firms is created and a request for proposals (“RFP”) phase where prequalified firms from the first phase are invited to submit proposals. The City of Brockton is currently in the second phase of its construction-management-at-risk procurement for the public safety facility. West Group Law PLLC is representing the City in connection with all phases of the procurement, including the City’s application to the Inspector General, the RFQ, the RFP, and will continue to represent the City during contract negotiations and contract administration to ensure a successful, compliant alternative delivery procurement and construction project.