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ConsensusDOCS 2011 Comprehensive Update – The Highlights

On January 19, 2011, ConsensusDOCS published its first comprehensive update to its core construction contracts, including the Owner/Contractor and Owner/Design Professional agreements. Accomplished in just over three years from the original publication of ConsensusDOCS, the comprehensive update responds to industry feedback, changing marketing conditions, and latest best practices.  A chart providing highlights for some of the most significant changes in the general terms and conditions as well individual agreements, including the Design-Build and Subcontract agreements is available here..  Redline samples comparing the 2011 edition to the 2007 editions are also available for free download here. Some of the more significant revisions include:
  • A losing party is fully responsible for attorneys' fees in addition to court costs.
  • An explicit standard of care has been added for Design Professionals.
  • Retainage is released for early finishing subcontractors, if their work is accepted.
  • BIM, green design services, and relying on documents in electronic form have been more fully integrated into the core agreements (i.e. BIM and green services are detailed as either basic or additional services).
  • An optional incentives clause is now provided in the ConsensusDOCS Guidebook.
  • Several new provisions in the short form agreements which mirror some of the more equitable provisions from the long form agreements, such as 50% payment is required for work in dispute, while the dispute is being resolved.
  • Cost of the Work has been added to lump sum agreement to help avoid claims for change orders.
  • Definition of Contract documents has been clarified.
  • Design Professional is given a right to cure defective work.
  • Contractor is now called Constructor.
  • Architect/Engineer is now called Design Professional.
  • Potential flow down of consequential damages to a Subcontractor has been clarified.
  • An improper termination for cause automatically converts to a termination for convenience.
AGC Members receive a 20% discount on all purchases. Visit www.ConsensusDOCS.org and use Partner Code “AGC” and Promotion Code “100” when prompted during the checkout process. ConsensusDOCS are the only standard construction documents written by a coalition of 32 industry associations representing designers, owners, contractors, subcontractors and sureties (DOCS). For more information or questions, please contact Maggie Jaus at jausm@agc.org or (703) 837-5408.