Under the CM at risk model, the customer can choose the construction firm on the basis of qualifications rather than low bid. The CM at risk model has been used for years in the private sector and is slowly becoming popular for public projects where construction managers can be chosen based on qualifications, rather than low bids.

Besides being the first courthouse built under the CM at risk arrangement, the new Santa Ana building is the first new construction project to be handled by the recently created administrative office of the courts. The Court of Appeal currently leases space in two locations, which are separated by more than a mile.

Designed by Carrier Johnson, the new three-story structure will house the appellate courtroom, judges' chambers and administrative offices. The single location on West Santa Ana Boulevard is in the heart of a civic district that includes Santa Ana City Hall and the Ronald Reagan Federal Building and Courthouse.