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Alternative Clauses to Standard Construction Contracts, 6th Edition

Alternative Clauses to Standard Construction Contracts, 6th Edition

  • 作者:
  • 出版商: Wolters Kluwer Legal & Regulatory U.S.
  • ISBN: 9781543882308
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  • 描述 
  • 大纲 
  • 详细

    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, Sixth 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.

  • 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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