As used in the Educational Facility Construction Manager At Risk Act N.M. Stat. Ann. § 13-1-124.1 to 13-1-124.5:

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A. “construction manager at risk” means a person who, pursuant to a contract with a governing body, provides the preconstruction services and construction management required in a construction manager at risk delivery method;

B. “construction manager at risk delivery method” means a construction method for an educational facility wherein a construction manager at risk provides a range of preconstruction services and construction management, including cost estimation and consultation regarding the design of the building project, preparation and coordination of bid packages, scheduling, cost control, value engineering and, while acting as the general contractor during construction, detailing the trade contractor scope of work, holding the trade contracts and other subcontracts, prequalifying and evaluating trade contractors and subcontractors and providing management and construction services, all at a guaranteed maximum price for which the construction manager at risk is financially responsible;

C. “educational facility” means a public school, including a locally chartered or state- chartered charter school or a facility of a state educational institution listed in Section 6- 17-1.1 NMSA 1978;

D. “governing body” means:

(1)     the public school facilities authority if the authority is the using agency that requires the construction of an educational facility;

(2)     a local school board if the board is the using agency that requires the construction of an educational facility;

(3)     the governing body of a charter school if the governing body is the using agency that requires the construction of an educational facility; or

(4)     the governing body of a state educational institution if the governing body is the using agency that requires the construction of an educational facility; and

E. “guaranteed maximum price” means the maximum amount to be paid by the governing body for the construction of the educational facility, including the cost of the work, the general conditions and the fees charged by the construction manager at risk.