Who may contract "Construction manager not holding contracts"?

Jean: Sorry for the delay in response. The intent behind the contractual requirements for the CxA is to eliminate/reduce the potential for conflict or influence by members of the design and construction of the bulding. This is best handled by a contract directly with the owner. The reality is that there are various reasons why the owner may be unable or unwilling to enter into a separate contract with the CxA. In these cases the goul is to limit conflict and influence. I think the key attribute used by the USGBC to limit design influence is that no member of the team (company) proving design can be a CxA. The ket attribute for construction is that the company(s) holding the general contraction contracts cannot hold the CxA contract. Although our company has not run into this situation, I feel that a PM firm or other realted firm could hold the CxA contract as long as it can be shown that that company was not holding any of the other construction contracts.

Is this query worthy of a CIR? The developer for our project will not appoint the CxA directly - however an independent commissioning agent (separate company) will be appointed by the GC to undertake both the fundamental and enhanced CxA roles. While we can ensure that there is transparency and direct contact with this company and the developer it will be the GC who will appoint the CxA. Has anyone clarified this route with USGBC/ GBCI before ? regards

I would really like to see a ruling on this as well. Vivien, did you submit a CIR? This is an issue on most Design-Build projects, where the GC is required to hire the CxA. I would estimate that 85% of the Federal projects we do are handled this way. (Though some agencies are making strides to change this.)