Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you are running a construction project and want closer control over design decisions while still drawing on professional site expertise, a construction management agreement may be worth considering. This arrangement sits between traditional general contracting and fully in-house delivery, giving the client a dedicated construction manager who coordinates trade contractors on their behalf.
It is a route often chosen for complex commercial builds, phased developments, and projects where the design is still evolving when work begins on site. In this guide I walk through how these agreements typically work in England and Wales, what sits inside the construction manager's remit, the practical benefits and trade-offs, and the points clients commonly get wrong when moving away from a lump-sum build contract. The detail matters, because the way risk is allocated here is very different from a standard JCT design-and-build route.
What this document is
A construction management agreement is a contract under which the client appoints a construction manager to plan, coordinate and supervise the works, but the client contracts directly with each trade contractor doing the physical building. The construction manager is engaged as a professional consultant, not as the builder, and does not normally take on the financial risk of delivering the works for a fixed price.
That risk stays with the client, spread across the individual trade packages. This is the main feature that sets construction management apart from general contracting, where one main contractor prices the whole job and absorbs most of the delivery risk.
It is also distinct from management contracting, where a management contractor sits in the middle and holds the trade contracts itself. Construction management tends to suit experienced clients, developers, or those advised by a strong project management team, because the client carries more exposure to cost overruns and delay but keeps far greater visibility over pricing, programme and design changes as the project unfolds.
How to use this document
Decide whether construction management is the right procurement route. Before committing, weigh up the project's complexity, your appetite for carrying trade package risk, and how fixed the design really is. This route works best where speed, flexibility and direct cost transparency matter more than a single fixed price, and where the client team has the capacity to oversee multiple contracts.
Appoint the construction manager on clear terms. Agree the scope of services in writing, covering pre-construction input, programming, procurement of trade packages, site supervision, cost reporting and health and safety coordination. The fee structure, typically a lump sum or percentage, should be defined, along with duties of care, professional indemnity insurance levels, and how the appointment can be terminated.
Procure and contract directly with trade contractors. The construction manager usually runs the tender process for each work package, but the contracts are signed between the client and each trade contractor. Make sure the packages dovetail cleanly, with no gaps in scope and consistent terms on programme, payment, retention, defects and collateral warranties for funders or future purchasers.
Run the project with active cost and programme reporting. Because the client carries the risk of trade package overruns, regular cost reporting against the target or estimated total is essential. The construction manager should produce forecasts, change control logs and programme updates, and flag early warnings promptly so decisions on scope, sequencing or design can be made before problems compound.
Manage completion, handover and defects carefully. Practical completion, snagging and the defects liability period operate at trade package level rather than across one main contract. Keep clear records of sectional completions, warranties, as-built information and outstanding items, and make sure the construction manager's role during the defects period is set out in the agreement.
Q How does a construction management agreement differ from a JCT design and build contract?
Under design and build, one contractor takes on both design responsibility and a fixed price for delivering the works. Under construction management, the client keeps design responsibility, contracts directly with each trade contractor, and pays the construction manager a fee to coordinate the job. The client keeps more control and visibility, but also carries more of the cost and programme risk.
Q Is the construction manager liable if a trade contractor fails to perform?
Generally no, not in the same way a main contractor would be. The construction manager is usually engaged as a professional adviser and is liable for failing to exercise reasonable skill and care in managing the project. Liability for defective work or delay by a trade contractor normally sits with that trade contractor directly, under its own contract with the client.
Q What insurance should a construction manager carry?
Professional indemnity insurance is the key cover, reflecting the manager's role as a consultant. The level should be proportionate to the project value and the potential exposure from management errors. The client will also typically arrange project-wide insurance, such as contract works and public liability cover, rather than leaving this to be picked up piecemeal across trade contracts.
Q Can the total cost be fixed at the start under construction management?
Not usually in the same way as a lump sum build contract. The construction manager's fee can be fixed, but the trade package costs are procured progressively and only become certain as each package is let. Clients often work to a target cost or estimated total, with the construction manager reporting against it as packages are priced and awarded.
Q Does the client need collateral warranties from trade contractors?
Usually yes, particularly where there is funding, a future sale, or tenants taking occupation. Because there is no single main contractor, collateral warranties or third party rights need to be arranged across the relevant trade packages and from the construction manager and design team, so that those with an interest in the building have recourse if defects appear later.
Q Is construction management suitable for a first-time developer?
It can be, but only with strong professional support. This route gives less up-front cost certainty and requires active involvement in procurement and decision making throughout the build. First-time developers without an experienced project manager alongside them often find a design and build or traditional contract easier to manage, because more of the risk sits with a single contractor.
Q How is the construction manager paid?
Fees are commonly structured as a fixed lump sum, a percentage of the trade package costs, or a combination including a pre-construction fee and a construction phase fee. Payment terms must comply with the Housing Grants, Construction and Regeneration Act 1996, including the requirements for a payment schedule, payment notices and the right to suspend for non-payment.
Not sure if construction management fits your project?
The way risk, cost and design responsibility are split in a construction management agreement is very different from a standard build contract, and the wrong choice can be expensive. An experienced legal adviser can help you think through the practical implications based on what you describe about your project.
✓Plain-English answers to your specific questions about the agreement
✓Practical perspective on how risk is allocated in your situation
✓Guidance tailored to what you describe about your project and team
✓A clearer view of what to watch out for before you commit
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.