Hello, I think it’s important to note the difference of the “Constructor contract determined” versus “Cost of Construction determined”. The “Constructor contract determined” doesn’t necessarily mean they have selected a contractor at that point, just means the client has determined which type of contract they would like to move forward with: “Design-bid-build”, “Negotiated select team”, or “Cost plus fixed fee”. It would make sense that they have a decision on this at or during the DD phase.
For your second question, please see previous post below:
Hi,
I can help with this one!
I remember how CM-Agent and CM-Advisor are different because “Agent” is a legal term. It refers to someone who acts in another’s stead. So CM-Agent is an additional CM acting in the owner’s place, but does not assume any risk. All savings and risk are passed directly to the owner.
There’s no contract for CM-Agent because the owner is literally hiring someone to be their agent I believe. The CM isn’t technically involved in the construction themselves, they are just serving as a proxy for the owner.
CM-Advisor is not acting in the owner’s stead, but rather advising the owner what they should do. Check out page 514 of the AHPP for their definitions.
As far as the driving factors, refer to figure 9.2 of the AHPP on page 512. Both of these deliveries are primarily driven by risk. This is because in both instances the owner is hiring an extra CM that might not have been necessary.
Note, that often in Construction Manager as Advisor delivery, there are multiple prime contractors directly hired by the owner. CM-as advisor is ancillary to the Multiple-prime contracts the owner holds directly with contractors in these instances… Multiple prime is a very risky project delivery for the owner as they are absorbing risks typically taken by the CM themselves. The most current project delivery relationship diagrams provided by NCARB on their website seem to diagram a multiple-prime with CM-advisor type relationship:
AIA Contract Documents
Contents Conventional (A201) Design-Bid-Build Small Projects Interiors Construction Manager as Adviser (CMa) Construction Manager as Constructor (CMc) Design-Build Program Management – Multiple Pr…
The link above is my favorite resource for understanding project delivery methods outside of the AHPP.
The relationships of CM driven delivery have really been updated and evolved since the AHPP was last re-published in my opinion. It would not surprise me if in the future they removed “CM-Agent” as a project delivery and instead just clarify that an owner might choose to hire an CM as their agent to help reduce risk of the owner by having a construction manager’s professional input and judgement. But that’s just my opinion 
Remember, you’re being tested very specifically on the contracts and the AHPP for these exams. So base your answers on what they say!
In my professional experience, I have worked with a CM-Agent once. The project delivery was CM-at risk contractually, but the owner also employed an agent as the ‘owner’ was a senior living facility operating company. The agent acted in their stead on multiple senior living facility projects to help maintain quality control.
Here’s a great presentation on the updates and in general CM led project delivery:
aia-mn.org
1788.64 KB
And here’s a video the AIA put out about CM-Advisor
AIA 2019 Documents Construction Manager as Adviser
Hope this helps! I know it’s confusing.
Philip
