An agency CM is representing the public owner of a large, complex project with numerous...

According to CMAA’s recommendedOwners Risk Reduction Techniques(when using a CM for owner’s risk control), one of the CM’s roles is to help the owner ensure clarity of site conditions and contract documents especially when prior history on the site includes claims for differing site conditions. The CM should engage the design team to verify whether the contract documents properly capture the known site risks in adequate detail before awarding a bid.

In a design-bid-build, lump sum contract, the contractors rely on the documents and specifications as the basis of their bids. If the apparent low bid is significantly below others (e.g., >10% lower), that discrepancy raises suspicion that the low bidder may have omitted or under-priced site risk mitigation. The CM should not directly interrogate bidders or conduct post-bid interviews that might create unfairness or violate procurement rules. Rather, the correct approach is for the CM to consult with the designer to confirm whether the bid documents adequately and clearly described the site challenges. If deficiencies or ambiguities are found, the owner may need to issue clarifications, addenda, or consider re-advertising.

Thus, the prudent and contract-compliant first step is:A. Ask the designer to verify that the technical specifications describing the site challenges in sufficient detail.