Comprehensive and Detailed Explanation From Exact Extract:
According to theCMAA Construction Management Standards of Practice (SOP)underChapter 9 – Risk Management, responsibility for resolvingdesign and construction coordination riskslies with the entity that holds contractual control over both the design and construction portions of the project. In aDesign-Build (D-B)delivery method, that entity is theDesign-Build Team.
The CMAA specifies:
“Under the Design-Build delivery method, the design-builder assumes single-point responsibility for both design and construction. The design-builder manages coordination among subcontractors, suppliers, and design professionals to ensure that design solutions are constructible and that conflicts are resolved without direct owner intervention.”
In this case, themechanical ductwork conflictin the above-ceiling space is adesign coordination issue, involving both architectural and mechanical design elements. Because theDesign-Build Teamis contractually responsible for integrating the design and ensuring constructability, it must identify and resolve such conflicts.
TheCM as the owner’s representativemay monitor the issue, document its resolution, and advise the owner, but doesnothave the contractual authority to direct design or construction corrections. Likewise, theArchitect (DOR)in a D-B contract works under the design-builder, not directly for the owner, so they are not the final authority to resolve this type of issue.
Therefore, the entitybest-suited to resolve this riskis theDesign-Build Team.
References (CMAA Construction Manager Documents / Study Guide):
CMAA Construction Management Standards of Practice, 2010 Edition,Chapter 9 – Risk Management, Section: “Risk Allocation by Project Delivery Method,” pp. 88–90.
CMAA CM Study Guide,Risk Management Domain, Objective 9.2: “Identify and assign risk ownership in accordance with project delivery method and contractual relationships.”