You were the construction manager on a project which completed a year ago. During the design of the project, you were brought in to provide guidance to the designer and advice to the owner. Your contract was with the owner, and it is a CM at not at risk contract. You were also under contract with the owner during bidding and construction (including closeout).
Two years after the project was completed, the wall systems began leaking, and mold has begun to develop. The owner is furious and has called you to complain. They claim that you were paid to provided services ensuring issues like from happening.
During design, value engineering and constructability review was provided. You participated in both. Your recollection is that the design was coming in high and some adjustments needed to be made in the design to protect the budget. The A/E proposed the exterior wall system. It had not been used in this region of the country. You reviewed the information and though not completely happy, went along with the substitution.
At this point, someone is going to get sued.
Two pages. What is your plan?
