Fair is Fair…Right? Basic Principles of Risk Allocation in Construction Documents – Part 2 by Kevin O’Beirne, PE

Continued from Part 1–How do [sub-standard] clauses get into [construction] contracts? The answer is twofold: 1) . . . as provisions are added and modified on an individual-paragraph basis. . . 2) They are often drafted by the owner’s attorney, who is often not a “contracts attorney” and may not fully-understand the effects of such provisions. . […]

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Fair is Fair…Right? Basic Principles of Risk Allocation in Construction Documents, Part 1, by Kevin O’Beirne, Chair EJCDC

Your mother probably taught you the original Golden Rule: “Do unto others as you would have them do unto you.”  Then when you were older you undoubtedly learned the real Golden Rule: “He who hath the gold maketh the rules.”  Unfortunately, the latter Golden Rule is usually a basic tenant of construction contract preparation, and […]

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Contracts from Hell, Part 2, Negotiating Design Professional Agreements, by Dan Buelow, Reprinted from Willis Wire

This is the second part of my two-part blog series on negotiating architects and engineers contracts, both of which are based on our annual Willis A&E Halloween webinar special, Contracts From Hell.  In part I of this series I focused on the importance of design professionals holding their ground when it comes to negotiating fair and insurable professional […]

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Including Site Data in the Bidding Documents by Kevin O’Beirne, PE (NY, PA)

This post is regarding whether site information should be included in the Bidding Documents or the construction Contract Documents.  While many there are many types of information that characterize the Site of the Work, perhaps the most common is subsurface data and geotechnical reports, which are the primary focus of this post.  Similar principals apply […]

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How to Specify Alternates by Kevin O’Beirne

This blog post is regarding one of the most commonly-used and often-misunderstood concepts in construction documents: alternates. Alternates are a means for the Owner to defer certain decisions on the scope of the Project until after pricing is obtained from prospective contractors, and to ensure the Project can be constructed with the funds available. An alternate […]

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FORCE MAJEURE EVENTS: Abnormal Weather and Other Uncontrollable Delays on Your Construction Project, contributed by Kevin O’Beirne, PE, Vice Chair of EJCDC

Construction delays that are the fault of neither the Owner nor the Contractor are termed “force majeure” events—meaning, literally, “superior force” or “chance occurrence, unavoidable accident”.  Contractual provisions on force majeure events are very important, because they allocate risk over which neither party has any control. Although there are a variety of causes of force […]

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Contracts From Hell – Negotiating Design Professional Agreements (Part 1 of 2) – Reprint from Willis Wire Blog

The following article is a reprint of a Willis Wire Blog by Dan Buelow posted December 6, 2013 A few weeks ago, the Willis A&E Group presented our annual Halloween webinar special, Contracts From Hell, in which we discussed current trends and challenges design professionals face when negotiating professional agreements with their clients.  This is one […]

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What are the Construction “Contract Documents”?

This blog was contributed by guest blogger Kevin O’Beirne, PE (NY, PA) Construction “Contract Documents” are the written documents that define the roles, responsibilities, and “Work” under the construction Contract, and are legally-binding on the parties (Owner and Contractor).  The individual documents that constitute the construction “Contract Documents” are defined (in both EJCDC and AIA […]

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The Engineers Joint Contract Documents Committee Releases 2014 edition of the EJCDC® Owner—Engineer Professional Services Agreement

The Engineers Joint Contract Documents Committee today released the new 2014 edition of EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. EJCDC® E-500 is a comprehensive standard contract for engaging an engineering firm to provide design services and related construction-phase engineering and administrative services.  E-500 is drafted with the intent that it can […]

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Coordination between families of documents

EJCDC anticipates releasing an update, early in 2014 to its E-500, Agreement between Owner and Engineer for Professional Services. The E-500 update aims to maximize uniformity and coordination between the EJCDC Construction series and EJCDC’s primary Owner-Engineer professional services agreement.  In developing the update to E-500, EJCDC standardized definitions to conform with definitions used in […]

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