New Massachusetts Construction Reform Law Includes CM Language

Massachusetts Lieutenant Governor Kerry Healey signed legislation July 19, 2004 that implements the most significant changes in the Massachusetts public construction process in nearly a quarter century.

Specific CM-related provisions include a requirement that a public agency must “contract for the services of an owner's project manager to serve as the public agency's agent and consultant during the planning, design and implementation of a contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by the public agency estimated to cost not less than $1,500,000” before the agency enters into a contract for design services.

Also under the new law, all public building projects valued at $5 million or more would have the option to use the Construction Management At-Risk method, once the use of CM At-Risk for a specific project has been approved by the Massachusetts Office of the Inspector General.

The law also defines the term “owner's project manager" and stipulates that “the owner's project manager shall be a person who is registered by the commonwealth as an architect or professional engineer and who has at least 5 years experience in the construction and supervision of construction of buildings or a person, if not registered as an architect or professional engineer, who has at least 7 years experience in the construction and supervision of construction of buildings.” CMAA is working with the Massachusetts Division of Capital Asset Management, which is primarily responsible for developing regulations and procedures related to this legislation, to strongly encourage that CMAA’s Certified Construction Manager (CCM) designation be added as one of the acceptable criteria required in order for an individual to be considered a “owner’s project manager” by the Commonwealth of Massachusetts.