153:1-2-01 Form of construction manager at risk contract documents.

(A) The state and state institutions of higher education as defined in section 3345.011 of the Revised Code, shall use the contract forms developed by the Ohio facilities construction commission and found on the following website under CM at Risk:http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.

(B) All other public authorities as defined in division (A)(1) of section 153.65 of the Revised Code, excluding the Ohio turnpike commission, shall use one of the following contract forms:

(1) The contract forms developed by the Ohio facilities construction commission and found on the following website under CM at Risk: http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.

(2) Contract documents as published and licensed by the American institute of architects and found on the following website:http://www.aia.org/contractdocs/index.htm.

(3) Contract documents as published and licensed by ConsensusDOCS, LLC and found on the following website:https://www.consensusdocs.org/Catalog/constructionmanagement.

(4) Contract documents as published and licensed by the construction management association of America and found on the following website under Construction Manager-at-Risk Model Contract Documents: http://cmaanet.org/contracts.

(C) When using contract documents under paragraph (B) of this rule for a construction manager at risk project, a public authority shall incorporate applicable requirements of federal, state, or local law and may include supplemental terms and conditions or modify the contract documents to include project-specific terms and conditions.

(D) For all construction manager at risk projects, a public authority shall require the construction manager at risk to use the subcontract form developed by the Ohio facilities construction commission and found on the following website under Misc:http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx..

Cite as Ohio Admin. Code 153:1-2-01

Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/28/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 153.503
Rule Amplifies: 9.33 - 9.335, 153.50 - 153.581
Prior Effective Dates: 12/26/2011