FOR IMMEDIATE RELEASE
October 15, 2024
Contact: Katie LaPotin, Executive/Marketing Director
(571) 396-5495
EJCDC® Announces Release of EJCDC® E-562, Labor and Materials Subcontract between Engineer and Engineer’s Subcontractor, 2024 Edition
EJCDC is pleased to present EJCDC® E-562, Labor and Materials Subcontract between Engineer and Engineer’s Subcontractor, 2024 Edition.
EJCDC® E-562, Labor and Materials Subcontract between Engineer and Engineer’s Subcontractor is intended for use where a subcontractor will provide labor and materials as non-professional services to an Engineer under a prime agreement between an Owner and Engineer. Examples of work that might be performed under E 562 include the placement and maintenance of barricades or safety barriers necessary to protect Engineer’s work force during field studies; exploratory excavation work conducted for Engineer during investigations; certain testing services; and installation of monitoring or observation facilities for Engineer’s use.
EJCDC® E-562, Labor and Materials Subcontract between Engineer and Engineer’s Subcontractor, 2024 Edition is a comprehensive update of the EJCDC labor and material subcontract for use of Engineer. Such services are occasionally performed for the Engineer by non-professionally licensed firms separately from the Engineer’s other professional subconsultant agreements. The 2024 edition has been updated to better reflect industry practice. It has added guidance and improved format for ease of use and consistency with EJCDC’s other subcontract forms.
If the work to be provided by the Engineer’s Subcontractor consists primarily of professional services, then EJCDC® E-570, Agreement between Engineer and Subconsultant for Professional Services, or one of the other EJCDC professional specialty services subagreements, would be the preferred subagreement form.
E-562 2024 has been more narrowly focused for use of the document solely as a subcontract under an Engineer-Owner prime agreement. Since the updated intent of the subcontract is strictly for non-professional services labor and materials subcontracting, the update follows more closely to the content of EJCDC’s other subcontract forms, with appropriate modification for use by the Engineer.
Along with added guidance and updated formatting for ease of use and consistency with other EJCDC forms, the more notable changes include the following:
- Earlier versions of E-562 limited the responsibility of the Engineer for the means, methods and safety practices of its own Subcontractor, following the traditional separation of engineer/contractor roles. The update still recognizes the Subcontractor’s responsibility for its own work, but now more directly acknowledges the Engineer's role as the prime. This approach closely parallels that of other EJCDC subcontract forms, particularly relative to more directly outlining general responsibilities of the parties and safety obligations.
- The Subcontractor's indemnification of Engineer has been clarified, in consideration of both common industry practice for labor and materials subcontracts and other EJCDC subcontract practices.
- Because this subcontract is for labor and materials work of a non-professional subcontractor, the products are often more akin to construction-like work than professional engineering services. EJCDC recognized that, under these circumstances, liability claims may be as or more likely to be of a nature covered under the Subcontractor's CGL rather than Engineer's professional liability insurance. Hence, the update now includes a "defense" obligation as part of the Subcontractor's indemnification of the Engineer.
- In keeping with EJCDC’s other subcontract forms, the update has a set of representations by the Subcontractor relative to its understandings and expectations regarding the Subcontract.
- The update includes provisions to address standard construction subcontract requirements such as permits, protection of utilities, site restoration, safety, changed conditions, etc.
- The insurance sections of the have been rewritten and updated to follow most recent EJCDC insurance practice, and particularly that specific to subcontracts.
- The subcontract now includes a Miscellaneous Provisions section and severability clause consistent with recent EJCDC Engineering Series forms.
The EJCDC® E-562 is currently available for purchase in the online store at EJCDC.org. Members of EJCDC®’s sponsoring organizations (the American Council of Engineering Companies, the National Society of Professional Engineers, and the American Society of Civil Engineers – Construction Institute) can also purchase this document directly from those organizations starting today at a 50% discount.
Over the last 50 years, Engineers Joint Contract Documents Committee (EJCDC®) has developed and updated fair and objective standard documents specifically written for infrastructure projects in the United States. Each EJCDC® Contract Document is systematically prepared, reviewed and analyzed by committees of experienced engineering design and construction professionals, owners, contractors, professional liability and risk management experts, with the participation and advice of legal counsel.
For more information, please contact EJCDC® Executive/Marketing Director Katie LaPotin at katie@ejcdc.org or (571) 396-5495.
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