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Alternative Clauses to Standard Construction Contracts, Fifth Edition Alternative Clauses to Standard Construction Contracts, Fifth Edition

Alternative Clauses to Standard Construction Contracts, Fifth Edition

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Overview

In recent years, there have been many changes to the construction industry’s standard form contracts, including the American Institute of Architects (AIA) and Engineer Joint Contract Documents Committee (EJCDC) documents. Additionally, a new family of contract documents, known as Consensus DOCS was created by agreement among various construction contractor, subcontractor, owner, and surety trade associations.

Alternative Clauses to Standard Construction Contracts, Fifth Edition provides instant access to amendments to AIA, AGC, EJCDC and Consensus DOCS for owners, architects and contractors. This unique resource covers all major documents in use throughout the construction industry and enables you to compare between the different documents. It delivers practice-proven amendments clause-by-clause. It tells you specifically what to insert and delete in order to reach the ends your client desires. And it goes so deep, it even covers contractors amendments for agreements with subcontractors.

While it is absolutely essential to stay current with these standard agreements, it is imperative that everyone involved in negotiating and drafting construction contracts also have access to practice-proven modifications that strengthen the language on behalf of clients. If the other parties to your agreement have access to this book—and you don’t—you’re placed at a significant disadvantage every step of the way. Let the experts from Smith, Currie & Hancock provide you with invaluable support when negotiating or drafting construction contracts.

Note: Online subscriptions are for a three-month period.

Previous Edition: Alternative Clauses to Standard Construction Contracts, Fourth Edition, ISBN 9781454845157

Publish Date 08/20/2018
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543801354
SKU 10064813-7777
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010048489
Table of Contents

Preface

About the Editor

About the Contributors

PART I
INTRODUCTION

Chapter 1
MODIFYING AIA FORM DOCUMENTS
James E. Stephenson

AIA Forms of Agreement—Background and History

Reasons for Using AIA Forms

Reasons for Modifying AIA Forms

Using Alternative Clauses

Chapter 2
MODIFYING CONSENSUSDOCS AND EJCDC  CONTRACT FORMS
S. Gregory Joy and Douglas L. Tabeling

ConsensusDocs Forms—Background and History

Reasons for Using ConsensusDocs Forms

EJCDC Forms—Background and History

Reasons for Using EJCDC Forms

Reasons for Modifying ConsensusDocs or  EJCDC Forms

Caveats to Modifications

PART II
OWNERS' AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH ARCHITECTS

Chapter 3
OWNERS' AMENDING AIA B101-2007:  STANDARD FORM OF AGREEMENT BETWEEN  OWNER AND ARCHITECT AND STANDARD  FORM OF ARCHITECT'S SERVICES
David A. Roberts

Introduction

Article 1—Initial Information

Article 2—Architect's Responsibilities

Article 3—Scope of Architect's Basic Services

Article 4—Additional Services

Article 5—Owner's Responsibilities

Article 6—Cost of the Work

Article 7—Copyrights and Licenses

Article 8—Claims and Disputes

Article 9—Termination or Suspension

Article 10—Miscellaneous Provisions

Article 11—Compensation

Article 12—Special Terms and Conditions

Article 13—Scope of the Agreement

Exhibit A's Article 1—Project Information

Exhibit A's Article 2—Project Team

Chapter 4
OWNERS' AMENDING AIA B144/ARCH-CM (1993):  FORM OF ADVISOR CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN OWNER AND ARCHITECT
S. Gregory Joy and Joseph J. Dinardo

Introduction

Article 1—Construction Management Responsibilities

Article 2—Scope of Services During Preconstruction Phase

Article 3—Scope of Services During Construction Phase

Article 5—Basis of Compensation

Article 6—Other Conditions of Services

PART III
OWNERS' AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH CONTRACTORS

Chapter 5
OWNERS' AMENDING AIA A101-2007: STANDARD FORM OF AGREEMENT BETWEEN OWNER  AND CONTRACTOR BASED ON A STIPULATED SUM
Krista Hallberg Kapp

Introduction

Article 1—The Contract Documents

Article 2—The Work of This Contract

Article 3—Date of Commencement and Substantial Completion

Article 4—Contract Sum

Article 5—Payments

Article 6—Dispute Resolution

Article 7—Termination or Suspension

Article 8—Miscellaneous Provisions

Article 9—Enumeration of the Contract Documents

Article 10—Insurance and Bonds

Final Considerations

Chapter 6
OWNERS' AMENDING AIA A102-2007: STANDARD FORM OF AGREEMENT BETWEEN OWNER  AND CONTRACTOR WHERE THE BASIS OF PAYMENT  IS THE COST OF THE WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE
Krista Hallberg Kapp

Introduction

Article 1—The Contract Documents

Article 2—The Work of This Contract

Article 3—Relationship of the Parties

Article 4—Date of Commencement and Substantial Completion

Article 5—Contract Sum

Article 6—Changes to the Work

Article 7—Costs to Be Reimbursed

Article 8—Costs Not to Be Reimbursed

Article 9—Discounts, Rebates, and Refunds

Article 10—Subcontracts and Other Agreements

Article 11—Accounting Records

Article 12—Payments

Article 13—Dispute Resolution

Article 14—Termination or Suspension

Article 15—Miscellaneous Provisions

Article 16—Enumeration of Contract Documents

Article 17—Insurance and Bonds

Final Considerations

Chapter 7
OWNERS' AMENDING AIA A104-2017: STANDARD ABBREVIATED FORM OF AGREEMENT  BETWEEN OWNER AND CONTRACTOR
Suzanne Karbarz Rovner

Introduction

Article 1—The Work of This Contract

Article 2—Date of Commencement and Substantial Completion

Article 3—Contract Sum

Article 4—Payments

Article 5—Dispute Resolution

Article 6—Enumeration of Contract Documents

Article 7—General Provisions

Article 8—Owner

Article 9—Contractor

Article 10—Architect

Article 11—Subcontractors

Article 12—Construction by Owner or by Separate Contractors

Article 13—Changes in the Work

Article 14—Time

Article 15—Payments and Completion

Article 16—Protection of Persons and Property

Article 17—Insurance and Bonds

Article 18—Correction of Work

Article 19—Miscellaneous Provisions

Article 20—Termination of the Contract

Article 21—Claims and Disputes

Exhibit A—Determination of the Cost of the Work

Conclusion

Chapter 8
OWNERS' AMENDING AIA A132-2009:  STANDARD FORM OF AGREEMENT BETWEEN  OWNER AND CONTRACTOR, CONSTRUCTION  MANAGER AS ADVISOR EDITION
Joseph C. Staak, Joseph J. Dinardo, and S. Gregory Joy

Introduction

Article 1—The Contract Documents

Article 2—The Work of This Contract

Article 3—Date of Commencement and Substantial Completion

Article 4—Contract Sum

Article 5—Payments

Article 6—Dispute Resolution

Article 7—Termination or Suspension

Article 8—Miscellaneous Provisions

Article 9—Enumeration of the Contract Documents

Article 10—Insurance and Bonds

Chapter 9
OWNERS' AMENDING THE AIA A201-2017: GENERAL CONDITIONS OF THE CONTRACT  FOR CONSTRUCTION
David C. King

Introduction

Article 1—General Provisions

Article 2—Owner

Article 3—Contractor

Article 4—Architect

Article 5—Subcontractors

Article 6—Construction by Owner or by Separate Contractors

Article 7—Changes in the Work

Article 8—Time

Article 9—Payments and Completion

Article 10—Protection of Persons and Property

Article 11—Insurance and Bonds

Article 12—Uncovering and Correction of Work

Article 13—Miscellaneous Provisions

Article 14—Termination or Suspension of the Contract

Article 15—Claims and Disputes

 

Chapter 10
AMENDING AIA A101: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AND AIA A201: GENERAL CONDITIONS TO THE OWNER-CONTRACTOR AGREEMENT BY INTEGRATING OTHER ALTERNATIVE DISPUTE RESOLUTION CLAUSES
Timothy N. Toler and S. Gregory Joy

Introduction

Preliminary Considerations

Dispute Review Board

Modifications to A201-2007 for DRB

Mini-Trial

Mini-Trial Supplemental Specifications

Arbitration

Chapter 11
OWNERS' AMENDING THE AIA A232-2009: GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, CONSTRUCTION MANAGER AS ADVISER EDITION
Mark B. Carter

Introduction

Supplementary Conditions Generally

Article 1—General Provisions

Article 2—Owner

Article 3—Contractor

Article 4—Architect and Construction Manager

Article 5—Subcontractors

Article 6—Construction by Owner or by Other Contractors

Article 7—Changes in the Work

Article 8—Time

Article 9—Payments and Completion

Article 10—Protection of Persons and Property

Article 11—Insurance and Bonds

Article 12—Uncovering and Correction of Work

Article 13—Miscellaneous Provisions

Article 14—Termination or Suspension of the Contract

Article 15—Claims and Disputes

Final Considerations

Chapter 12
OWNERS' AMENDING CONSENSUSDOCS 200 (2017 EDITION): STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONSTRUCTOR
Douglas L. Tabeling

Introduction

Article 1—Agreement

Article 2—General Provisions

Article 3—Constructor's Responsibilities

Article 4—Owner's Responsibilities

Article 5—Subcontracts

Article 6—Time

Article 7—Price

Article 8—Changes

Article 9—Payment

Article 10—Indemnity, Insurance, Waivers, and Bonds

Article 11—Suspension, Notice to Cure, and Termination

Article 12—Dispute Mitigation and Resolution

Article 13—Miscellaneous

Article 14—Contract Documents

Chapter 13
OWNERS' AMENDING EJCDC C-700 (2013 EDITION): STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
Stephen M. Reams

Introduction

Supplementary Conditions

Article 1—Definitions

Article 2—Preliminary Matters

Article 3—Documents: Intent, Requirements, Reuse

Article 4—Commencement and Progress of the Work

Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions

Article 6—Bonds and Insurance

Article 7—Contractor's Responsibilities

Article 8—Other Work at the Site

Article 9—Owner's Responsibilities

Article 10—Engineer's Status During Construction

Article 11—Amending the Contract Documents; Changes in the Work

Article 12—Claims

Article 13—Cost of the Work; Allowances; Unit Price Work

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period

Article 16—Suspension of Work and Termination

Article 17—Final Resolution of Disputes

PART IV
OWNERS’ AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH DESIGN BUILDERS

Chapter 14
OWNERS' AMENDING AIA A141-2004: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER
S. Gregory Joy, Joseph J. Dinardo, and Kirk D. Johnston

Introduction

Article 1—The Design-Build Documents

Article 2—The Work of the Design-Build Contract

Article 3—Date of Commencement and Substantial Completion

Article 4—Contract Sum

Article 5—Payments

Article 6—Dispute Resolution

Article 7—Miscellaneous Provisions

Article 8—Enumeration of the Design-Build Documents

Exhibit A

Article A.1

Article A.2—Owner

Article A.3—Design-Builder

Article A.4—Dispute Resolution

Article A.7—Changes in the Work

Article A.8—Time

Article A.9—Payments and Completion

Article A.10—Protection of Persons and Property

Article A.11—Insurance and Bonds

Article A.13—Miscellaneous Provisions

Article A.14—Termination or Suspension of the Contract

Final Considerations

Chapter 15
OWNERS' AMENDING AIA A141-2014: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER
S. Gregory Joy, Joseph J. Dinardo, and Kirk D. Johnston

Introduction

Article 1—General Provisions

Article 2—Compensation and Progress Payments

Article 3—General Requirements of the Work of the Design-Build Contract

Article 4—Work Prior to Execution of the Design-Build Amendment

Article 5—Work Following Execution of the Design-Build Amendment

Article 6—Changes in the Work

Article 7—Owner's Responsibilities

Article 8—Time

Article 9—Payment Applications and Project Completion

Article 10—Protection of Persons and Property

Article 11—Uncovering and Correction of Work

Article 12—Copyrights and Licenses

Article 13—Termination or Suspension

Article 14—Claims and Dispute Resolution

Article 15—Miscellaneous Provisions

Exhibit A—Design-Build Amendment

Article A.1—Contract Sum

Article A.2—Contract Time

Article A.3—Information upon Which Amendment Is Based

Article A.4—Design-Builder's Personnel, Contractors and Suppliers

Cost of the Work

Exhibit B—Insurance and Bonds

Exhibit C—Sustainable Projects

Final Considerations

Chapter 16
OWNERS' AMENDING CONSENSUSDOCS 410 (2017 EDITION) AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN-BUILDER (COST OF WORK PLUS FEE WITH GMP)
Stephen M. Reams

Introduction

Article 2—General Provisions

Article 3— Design-Builder's Responsibilities

Article 4—Owner's Responsibilities

Article 5—Subcontracts

Article 6—Time

Article 7—Payment

Article 8—Cost of the Work

Article 9—Changes in the Work

Article 10— Payment for Construction Phase Services

Article 11—Indemnity, Insurance, and Bonds

Article 12—Suspension, Notice to Cure, and Termination

Article 14—Miscellaneous Provisions

 

PART V
CONTRACTORS' AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH OWNERS

Chapter 17
CONTRACTORS' AMENDING AIA A101-2017: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS A STIPULATED SUM
Joseph J. Dinardo

Introduction

Article 1—The Contract Documents

Article 2—The Work of This Contract

Article 3—Date of Commencement and Substantial Completion

Article 4—Contract Sum

Article 5—Payments

Article 6—Dispute Resolution

Article 7—Termination or Suspension

Article 8—Miscellaneous Provisions

Article 9—Enumeration of Contract Documents

Article 10—Insurance and Bonds

Chapter 18
CONTRACTORS' AMENDING AIA A102-2007: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS THE COST OF THE WORK PLUS A FEE WITH A GUARANTEED MAXIMUM PRICE
Joseph C. Staak

Introduction

Article 1—The Contract Documents

Article 2—The Work of This Contract

Article 3—Relationship of the Parties

Article 4—Date of Commencement and Substantial Completion

Article 5—Contract Sum

Article 6—Changes in the Work

Article 7—Costs to Be Reimbursed

Article 8—Costs Not to Be Reimbursed

Article 10—Subcontracts and Other Agreements

Article 11—Accounting Records

Article 12—Payments

Article 13—Dispute Resolution

Article 15—Miscellaneous Provisions

Article 16—Enumeration of Contract Documents

Chapter 19
CONTRACTORS' AMENDING AIA A107-2007: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR A PROJECT OF LIMITED SCOPE
Joseph C. Staak

Introduction

Article 1—The Work of This Contract

Article 2—Date of Commencement and Substantial Completion

Article 3—Contract Sum

Article 4—Payments

Article 5—Dispute Resolution

Article 6—Enumeration of Contract Documents

Article 7—General Provisions

Article 8—Owner

Article 9—Contractor

Article 10—Architect

Article 12—Construction by Owner or by Separate Contractors

Article 13—Changes in the Work

Article 14—Time

Article 15—Payments and Completion

Article 16—Protection of Persons and Property

Article 17—Insurance and Bonds

Article 18—Correction of Work

Article 19—Miscellaneous Provisions

Article 20—Termination of the Contract

Article 21—Claims and Disputes

Chapter 20
CONTRACTORS' AMENDING AIA A132-2009: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR, CONSTRUCTION MANAGER AS ADVISOR EDITION
Joseph C. Staak, Joseph J. Dinardo, and S. Gregory Joy

Introduction

Article 1—The Contract Documents

Article 2—The Work of This Contract

Article 3—Date of Commencement and Substantial Completion

Article 4—Contract Sum

Article 5—Payments

Article 6—Dispute Resolution

Article 7—Termination or Suspension

Article 8—Miscellaneous Provisions

Article 9—Enumeration of Contract Documents

Article 10—Insurance and Bonds

Chapter 21
CONTRACTORS' AMENDING AIA A201-2017: GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
David C. King

Introduction

Article 1—General Provisions

Article 2—Owner

Article 3—Contractor

Article 4—Architect

Article 5—Subcontractors

Article 6—Construction by Owner or by Separate Contractors

Article 7—Changes in the Work

Article 8—Time

Article 9—Payments and Completion

Article 10—Protection of Persons and Property

Article 11—Insurance and Bonds

Article 12—Uncovering and Correction of the Work

Article 13—Miscellaneous Provisions

Article 14—Termination or Suspension of the Contract

Article 15—Claims and Disputes

Chapter 22
CONTRACTORS' AMENDING AIA A232-2009: GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, CONSTRUCTION MANAGER AS ADVISER EDITION
Mark B. Carter

Introduction

Article 1—General Provisions

Article 2—Owner

Article 3—Contractor

Article 4—Architect and the Construction Manager

Article 5—Subcontractors

Article 6—Construction by Owner or by Other Contractors

Article 7—Changes in the Work

Article 8—Time

Article 9—Payments and Completion

Article 10—Protection of Persons and Property

Article 11—Insurance and Bonds

Article 12—Uncovering and Correction of Work

Article 13—Miscellaneous Provisions

Article 14—Termination or Suspension of the Contract

Article 15—Claims and Disputes

Chapter 23
CONTRACTORS' AMENDING CONSENSUSDOCS 200  (2017 EDITION): STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONSTRUCTOR
Douglas L. Tabeling

Introduction

Article 1—Agreement

Article 2—General Provisions

Article 3—Constructor's Responsibilities

Article 4—Owner's Responsibilities

Article 5—Subcontracts

Article 6—Time

Article 8—Changes

Article 9—Payment

Article 10—Indemnity, Insurance, and Bonds

Article 11—Suspension, Notice to Cure, and Termination

Article 12—Dispute Mitigation and Resolution

Article 13—Miscellaneous

Article 14—Contract Documents

Chapter 24
CONTRACTORS' AMENDING EJCDC C-700 (2013 EDITION): STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
Stephen M. Reams

Introduction

Article 1—Definitions

Article 2—Preliminary Matters

Article 3—Documents: Intent, Requirements, Reuse

Article 4—Commencement and Progress of Work

Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions

Article 6—Bonds and Insurance

Article 7—Contractor's Responsibilities

Article 8—Other Work at the Site

Article 9—Owner's Responsibilities

Article 10—Engineer's Status During Construction

Article 11—Amending the Contract Documents; Changes in the Work

Article 12—Claims

Article 13— Cost of the Work; Allowances; Unit Price Work

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period

Article 16—Suspension of Work and Termination

Article 17—Final Resolution of Disputes

Article 18—Miscellaneous

PART VI
CONTRACTORS' AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH SUBCONTRACTORS

Chapter 25
CONTRACTORS' AMENDING AIA A401-2017: STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR
Eugene J. Heady

Introduction

Article 1—The Subcontract Documents

Article 2—Mutual Rights and Responsibilities

Article 3—Contractor

Article 4—Subcontractor

Article 5—Changes in the Work

Article 6—Claims and Disputes

Article 7—Termination, Suspension, or Assignment of the Subcontract

Article 8—The Work of This Subcontract

Article 9—Date of Commencement and Substantial Completion

Article 10—Subcontract Sum

Article 11—Payments

Article 12—Insurance and Bonds

Article 13—Temporary Facilities, Services, Equipment and Working Conditions

Article 14— Miscellaneous Provisions

Article 15—Enumeration of Subcontract Documents

Conclusion

Chapter 26
CONTRACTORS' AMENDING CONSENSUSDOCS 750 (2017 EDITION): STANDARD AGREEMENT BETWEEN CONSTRUCTOR AND SUBCONTRACTOR
Douglas L. Tabeling and Jonathan R. Mayo

Introduction

Article 1—Agreement

Article 2—Scope of Work

Article 3—Subcontractor's Responsibilities

Article 4—Constructor's Responsibilities

Article 5—Progress Schedule

Article 6—Subcontract Amount

Article 7—Changes

Article 8—Payment

Article 9—Indemnity, Insurance, and Bonds

Article 10—Suspension, Notice to Cure, and Termination

Article 11—Dispute Mitigation and Resolution

Article 12—Miscellaneous

Article 13—Subcontract Documents

Chapter 27
CONTRACTORS' AMENDING CONSENSUSDOCS 751 (2017 EDITION): STANDARD SHORT FORM AGREEMENT BETWEEN CONSTRUCTOR AND SUBCONTRACTOR
Douglas L. Tabeling and Jonathan R. Mayo

Introduction

Identifying the Parties and the Project

Article 1—Obligations

Article 2—Subcontract Work

Article 3—Subcontract Amount

Article 4—Exhibits

Article 5—Ethics

Article 6—Safety

Article 7—Warranties

Article 8—Time

Article 9—Change Orders

Article 10—Payment

Article 11—Indemnity

Article 12—Insurance

Article 13—Bonds

Article 14—Limited Mutual Waiver of Consequential Damages

Article 16—Notice to Cure and Termination

Article 17—Dispute Mitigation and Resolution

Article 18—Miscellaneous

 

PART VII
ARCHITECTS' AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH OWNERS

Chapter 28
DESIGN-BUILDERS' AMENDING AIA A141-2004: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER
S. Gregory Joy and Joseph J. Dinardo

Introduction

Article 1—The Design-Build Documents

Article 2—The Work of the Design-Build Contract

Article 3—Date of Commencement and Substantial Completion

Article 4—Contract Sum

Article 5—Payments

Article 6—Dispute Resolution

Article 7—Miscellaneous Provisions

Article 8—Enumeration of the Design-Build Documents

Exhibit A

Article A.1

Article A.2—Owner

Article A.3—Design-Builder

Article A.4—Dispute Resolution

Article A.5—Award of Contracts

Article A.6—Construction by Owner or by Separate Contractors

Article A.7—Changes in the Work

Article A.8—Progress and Completion

Article A.9—Payments and Completion

Article A.11—Insurance and Bonds

Article A.12—Uncovering and Correction of Work

Article A.13—Miscellaneous Provisions

Article A.14—Termination or Suspension of the Contract

Final Considerations

Chapter 29
DESIGN-BUILDERS' AMENDING CONSENSUSDOCS 410 (2017 EDITION) AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN-BUILDER (COST OF WORK PLUS FEE WITH GMP)
Stephen M. Reams

Introduction

Article 2—General Provisions

Article 3—Design-Builder's Responsibilities

Article 4—Owner's Responsibilities

Article 5—Subcontracts

Article 6—Time

Article 7—Payment

Article 8—Cost of the Work

Article 9—Changes in the Work

Article 10—Payment for Construction Phase Services

Article 11—Indemnity, Insurance, and Bonds

Article 12—Suspension, Notice to Cure, and Termination

PART VIII
DESIGN-BUILDERS’ AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH DESIGN PROFESSIONALS

Chapter 30
DESIGN-BUILDERS' AMENDING CONSENSUSDOCS 420 (2017 EDITION) AGREEMENT BETWEEN DESIGN-BUILDER AND DESIGN PROFESSIONAL
Stephen M. Reams

Introduction

Article 2—General Provisions

Article 3—Design Professional's Responsibilities

Article 4—Design-Builder's Responsibilities

Article 5—Schedule

Article 6—Design Professional's Compensation and Payments

Article 7—Indemnity and Insurance

Article 8—Termination

Article 9—Dispute Mitigation and Resolution

Article 10—Miscellaneous

PART IX
ARCHITECTS’ AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH OWNERS

Chapter 31
ARCHITECTS' AMENDING AIA B101-2007: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT AND STANDARD FORM OF ARCHITECT'S SERVICES
David A. Roberts

Introduction

Article 1—Initial Information

Article 2—Architect's Responsibilities

Article 3—Scope of Architect's Basic Services

Article 4—Additional Services

Article 5—Owner's Responsibilities

Article 6—Cost of the Work

Article 7—Copyrights and Licenses

Article 8—Claims and Disputes

Article 9—Termination or Suspension

Article 10—Miscellaneous Provisions

Article 11—Compensation

Article 13—Scope of the Agreement

Exhibit A's Article 1—Project Information

Exhibit A's Article 2—Project Team

PART X
DESIGN-PROFESSIONALS’ AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH DESIGN-BUILDERS

Chapter 32
DESIGN PROFESSIONALS' AMENDING CONSENSUSDOCS 420 (2017 EDITION) AGREEMENT BETWEEN DESIGN-BUILDER AND DESIGN PROFESSIONAL Stephen M. Reams

Introduction

Article 2—General Provisions

Article 3—Design Professional's Responsibilities

Article 4—Design-Builder's Responsibilities

Article 5—Schedule

Article 6—Design Professional's Compensation and Payments

Article 7—Indemnity and Insurance

Article 8—Termination

Article 10—Miscellaneous

 

PART XI
SUBCONTRACTORS' AMENDMENTS AND ALTERNATIVE CLAUSES FOR AGREEMENTS WITH CONTRACTORS

Chapter 33
SUBCONTRACTORS' AMENDING AIA A401-2017: STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR
Eugene J. Heady

Introduction

Article 1—The Subcontract Documents

Article 2—Mutual Rights and Responsibilities

Article 3—Contractor

Article 4—Subcontractor

Article 5—Changes in the Work

Article 6—Claims and Disputes

Article 7—Termination, Suspension, or Assignment of the Subcontract

Article 8—The Work of This Subcontract

Article 9—Date of Commencement and Substantial Completion

Article 10—Subcontract Sum

Article 11—Payments

Article 12—Insurance and Bonds

Article 13—Temporary Facilities, Services, Equipment and Working Conditions

Article 14— Miscellaneous Provisions

Article 15— Enumeration of Subcontract Documents

Conclusion

Chapter 34
SUBCONTRACTORS' AMENDING CONSENSUSDOCS 750 (2017 EDITION): STANDARD AGREEMENT BETWEEN CONSTRUCTOR AND SUBCONTRACTOR
Douglas L. Tabeling and Jonathan R. Mayo

Introduction

Article 1—Agreement

Article 2—Scope of Work

Article 3—Subcontractor's Responsibilities

Article 4—Constructor's Responsibilities

Article 5—Progress Schedule

Article 6—Subcontract Amount

Article 7—Changes

Article 8—Payment

Article 9—Indemnity, Insurance, and Bonds

Article 10—Suspension, Notice to Cure, and Termination

Article 11—Dispute Mitigation and Resolution

Article 13—Subcontract Documents

Chapter 35
SUBCONTRACTORS' AMENDING CONSENSUSDOCS 751 (2017 EDITION): STANDARD SHORT FORM AGREEMENT BETWEEN CONSTRUCTOR AND SUBCONTRACTOR
Douglas L. Tabeling Jonathan R. Mayo

Introduction

Identifying the Parties and the Project

Article 1—Obligations

Article 2—Subcontract Work

Article 3—Subcontract Amount

Article 4—Exhibits

Article 5—Ethics

Article 6—Safety

Article 7—Warranties

Article 8—Time

Article 9—Change Orders

Article 10—Payment

Article 11—Indemnity

Article 12—Insurance

Article 13—Bonds

Article 14—Limited Mutual Waiver of Consequential Damages

Article 15—Risk of Loss

Article 16—Notice to Cure and Termination

Article 17—Dispute Mitigation and Resolution

Article 18—Miscellaneous

PART XII
AMENDMENTS AND ALTERNATIVE CLAUSES ADDRESSING INSURANCE ISSUES

Chapter 36
MODIFYING INSURANCE PROVISIONS IN STANDARD FORM CONSTRUCTION CONTRACTS
Kirk D. Johnston and Daniel F. McLennon

PART I
MODIFYING AIA CONTRACT FORMS

Introduction—Construction Insurance

Owners' Amending AIA Prime Contract A101-2017: Standard Form of Agreement Between Owner and Contractor Based on a Stipulated Sum; A102-2017: Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is the Cost of the Work Plus a Fee With a Guaranteed Maximum Price; and A103-2017: Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is the Cost of the Work Plus a Fee Without a Guaranteed Maximum Price

Owners' Amending AIA Prime Contract A132-2009: Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition

Owners' Amending AIA A201-2017: General Conditions of the Contract for Construction

Owners' Amending AIA A101-2017, A102-2017, and A103-2017 Exhibit A, Insurance and Bonds

Owners' Amending AIA A201-2007: General Conditions of the Contract for Construction; and A232-2009: General Conditions of the Contract for Construction, Construction Manager as Adviser Edition

Owners' Amending AIA A104-2017 (Formerly A107-2007): Standard Abbreviated Form of Agreement Between Owner and Contractor

Owners' Amending AIA A141-2014: Agreement Between Owner and Design-Builder

Contractors' Amending AIA Prime Contract A101-2017: Standard Form of Agreement Between Owner and Contractor Based on a Stipulated Sum; A102-2017: Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is the Cost of the Work Plus a Fee With a Guaranteed Maximum Price; and A103-2017: Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is the Cost of the Work Plus a Fee Without a Guaranteed Maximum Price

Contractors' Amending AIA Prime Contract A132-2009: Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition

Contractors' Amending AIA A201-2017: General Conditions of the Contract for Construction

Contractors' Amending AIA A101-2017, A102-2017, and A103-2017 Exhibit A, Insurance and Bonds

Contractors' Amending AIA A232-2009: General Conditions of the Contract for Construction, Construction Manager as Adviser Edition

Contractors' Amending AIA A104-2017 (Formerly A107-2007): Standard Abbreviated Form of Agreement Between Owner and Contractor

Contractors' Amending AIA Subcontract AIA A401-2017: Standard Form of Agreement Between Contractor and Subcontractor

Subcontractors' Amending AIA Subcontract AIA A401-2017: Standard Form of Agreement Between Contractor and Subcontractor

PART II
MODIFYING CONSENSUSDOCS CONTRACT FORMS

Owners' Amending ConsensusDocs 200: Agreement and General Conditions Between Owner and Constructor (Lump Sum)

Contractors' Amending ConsensusDocs 200: Agreement and General Conditions Between Owner and Constructor (Lump Sum)

Contractors' Amending ConsensusDocs 750: Agreement Between Constructor and Subcontractor

Subcontractors' Amending ConsensusDocs 750: Agreement Between Constructor and Subcontractor

PART III
MODIFYING EJCDC CONTRACT FORMS

Owners' Amending EJCDC Standard General Conditions EJCDC C-700 (2013 Edition): Standard General Conditions of the Construction Contract

Table of Cases

Index

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