Definitions

The following terms used in 945 CMR 4.00 have the meanings given in 945 CMR 4.04, unless the context clearly requires another meaning: Applicant, an individual who submits a response to a Public Agency's solicitation for an Owner's Representative for a Major Contract. Architectural and Engineering Services, as defined in M.G.L. c. 7C, § 58(a). Certified Estimate of Cost, as defined in M.G.L. c. 30, § 39M ½(a). (Mass. Register #1565, 01/16/2026) Cost Recovery, the process by which a Public Agency pursues the recovery of costs or damages it has incurred or will incur because of errors, omissions, or other deficient or unsatisfactory performance by design and construction management professionals in connection with a Major Contract. Designer, an individual, firm, partnership, corporation, association or other legal entity that provides Architectural and Engineering Services. Employee Owner's Representative, an individual, employed by a Public Agency, designated to act as that Public Agency's Owner's Representative on a Major Contract, who (a) is registered by the Commonwealth as a professional engineer and has no fewer than five years of experience in the construction and supervision of construction of the type which is the subject of the pertinent Major Contract in nature, scope and complexity; (b) is engaged in the practice of providing project management services for public construction of the nature, scope and complexity which is the subject of the pertinent Major Contract; (c) has entered into an Employer-Employee Oversight Services Agreement; and (d) has met any additional qualifications specified by the Public Agency. Employer-Employee Oversight Services Agreement, a memorandum of understanding, contract or other comparable document signed by a signatory of the Public Agency and the Employee Owner's Representative establishing the independence of the employee as equal to that of an Owner's Representative contracted from the private sector, the duties to be performed by the Employee Owner's Representative, and other terms and conditions. Inspector General, the Office of the Inspector General of Massachusetts established pursuant to M.G.L. c. 12A. Major Contract, as defined in M.G.L. c. 30, § 39M½(a). Malfeasance, intentional conduct by an Owner's Representative that is wrongful or unlawful. Misfeasance, reckless, negligent or improper performance of an otherwise lawful act by an Owner's Representative. Oversight Services Contract, a contract for services between a Public Agency and a Private Sector Owner's Representative that is subject to 945 CMR 4.00 and M.G.L. c. 30, § 39M½. Owner's Representative, as defined in M.G.L. c. 30, § 39M½(a). Peer Review, additional Architectural and Engineering Services provided to a Public Agency to confirm that the key elements of the professional engineering and architectural design provided by the Designer are in conformance with the applicable standard of care. Private Sector Owner's Representative, an individual selected to act as a Public Agency's Owner's Representative on a Major Contract, who (a) is registered by the Commonwealth as a professional engineer and has no fewer than five years of experience in the construction and supervision of construction of the type which is the subject of the pertinent Major Contract in nature, scope and complexity; (b) is engaged in the practice of providing project management services for public construction of the nature, scope and complexity which is the subject of the pertinent Major Contract; (c) has entered into an Oversight Services Contract; and (d) has met any additional qualifications specified by the Public Agency. Project, a major contract as defined in M.G.L. c. 30, § 39M½(a). Public Agency, a department, agency, board, commission, authority, or other instrumentality of the Commonwealth or political subdivision of the Commonwealth, or two or more subdivisions thereof. Value Engineering, a specialized design review technique aimed at analyzing the functions of a project and matching those functions with the most cost-effective design possible.