Does anyone have any insight or authorities addressing whether the audit obligations contained in a CM Agreement (AIA Document A133-2009) "flow down" such that subcontractors to the CM must open their books and records to the owner's auditors? Thanks, Reese Reese J. Henderson, Jr. Board Certified Construction Attorney GrayRobinson, P.A. 50 North Laura Street, Suite 1100 >Jacksonville, FL 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: reese.henderson@gray-robinson.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

I think it would depend on the provisions of the subcontracts. I don't think it would automatically flow down. Bruce D. Partington Clark Partington bpartington@cphlaw.com <mailto:bpartington@cphlaw.com> Direct: 850-432-1399 Fax: 850-432-7340 *Board Certified in Construction Law NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Thursday, August 01, 2013 10:47 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] CM's Audit Obligation Does anyone have any insight or authorities addressing whether the audit obligations contained in a CM Agreement (AIA Document A133-2009) "flow down" such that subcontractors to the CM must open their books and records to the owner's auditors? Thanks, Reese Reese J. Henderson, Jr. Board Certified Construction Attorney GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, FL 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: reese.henderson@gray-robinson.com GRAY | ROBINSON <http://gray-robinson.com/> ATTORNEYS AT LAW <http://www.gray-robinson.com/> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.