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The construction industry has many sets or families of contract
documents available to it from organizations such as American Institute
of Architects, Associated General Contractors and Engineer’s Joint
Contract Documents Committee. Recently, the Construction Owners
Association of America has also published standard contract documents.
Each set of contract documents is coordinated to be generally consistent
with related standard documents.
Standard contracts used as a starting point may contain negotiated
revisions which must also be coordinated throughout related documents.
For example, changes to a design professional's responsibility during
the construction phase in the owner-consultant agreement also needs to
be coordinated with the construction and procurement documents.
Standard construction contracts are readily available from many other
industry organizations, including American Public Works Association,
American Water Works Association and many state Departments of
Transportation (commonly used by cities and counties for infrastructure
projects).
Each set of standard contracts has a unique set of risk allocations,
intended uses, allocations of responsibilities, payment arrangements
and overall control on project performance. The standard contract forms
are usually not well-suited for a wide range of conditions without some
revision to meet specific project conditions. However, a single form of
contract is commonly used for all client projects. Project owners
considering new types of projects (or consultants advising owners) may
benefit from an evaluation of the best form of contract to achieve the
owner's goals.
Design/Build contracting is experiencing rapid growth due in no small
part to the potential cost savings, quality improvement and shorter
completion schedules than the traditional design/bid/build process.
Traditional design/bid/build contract forms are unsuitable for
design/build or other alternative contracting methods, however
design/build contract forms are available for this contracting method.
Guidelines to assist in identifying projects appropriate for the
design/build method are available from EJCDC and DBIA. The Construction
Industry Institute has also published a project delivery system
selection workbook.
International contracts frequently use documents published by FIDIC
(Federation Internationale Des Ingenieures-Conseils), headquartered in
Paris, France.
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