Contracts & Construction Law

EJCDC Contract Documents

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Document  
Full Design-Bid-Build Document Set:
A-990 Design-Bid-Build Documents, Full Set (6 families):
Construction Set (C-990)
Owner-Engineer Set (E-990)
Engineer-Subcontractor Set (E-991)
Remediation Set (R-990)
Procurement Set (P-990)
Funding Agency Editions Set (F-990)
Program Manager:
E-582 Model Form of Agreement Between Owner and Program Manager (2004)
This document is ideal for situations where an owner engages a program manager to assist with the project. It defines the general terms and conditions that govern the relationships and performance of the owner and the program manager, including: scope of services, responsibilities, invoicing and payment, performance standards, authorized project representatives, design and construction phase services, insurance, dispute resolution, environmental condition, indemnification and mutual waiver, and more.
Construction Related Documents:
C-990 Construction Related Documents, Full Set
Special combined offer for greater flexibility: Get a CD-ROM of all Construction Related Documents.
C-700 Standard General Conditions of the Construction Contract (2002)
Use this document to establish the basic terms between the owner and the contractor. This details the contractor's basic duties and responsibilities, including bonds and insurance; progress and final payments; substantial completion; status of the engineer during construction; owner's responsibilities; subsurface and hidden site conditions; changes in the work, contract price, or contract time; contractor warranties and guarantees; correction or rejection of defective work; work suspension or termination; and dispute resolution.
C-800 Guide to the Preparation of Supplementary Conditions (2007) Free!
This comprehensive guide discusses specific changes in the definitions in the General Conditions. It includes proposed schedule of events, from the bid opening to the start of work; provisions of the General Conditions concerning subsurface conditions; identification of "technical data" and possible use of different language; insurance coverage required to supplement the provisions of the General Conditions; subcontractor and supplier selection; various aspects of multiprime contracting; and approaches to unit pricing work.
C-050 Owner's Instructions Regarding Bidding Procedures & Construction Contract Documents (2007)
Details and specifics to help owners optimize the construction bidding process, including bidder selection, advertising, bid openings, pre-bid inquiries, site investigation requirements, bid modifications, and more.
C-051 Engineer's Request for Instructions on Bonds & Insurance (2007)
Use this document, formatted as a prototype letter to the owner, to request instructions as to types of coverage and amount of insurance to be stated in the contract documents. A form is included for the owner to fill out if the customary arrangements for liability or property coverage are to apply.
C-052 Owner's Instructions Concerning Bonds & Insurance for Construction (2007)
This document is designed to provide the engineer with sufficient information to prepare the Supplementary Conditions that set the terms and conditions of performance, labor, material bonds, and insurance coverage.
C-200 Guide to the Preparation of Instructions to Bidders (2007)
This guide discusses the rules prior to the award of the contract and stipulates requirements as bidder qualifications, subsurface tests, site examination, bid security, bid forms, date and place of bid submission, bid modification and withdrawal, bid opening procedures, special legal requirements, and award considerations and procedure.
C-410 Suggested Bid Form for Construction Contracts (2007)
Recognizing that legal requirements vary, this document sets out a listing of items to consider in bid documents for construction contracts. It includes commentary on additional information that local laws and practice may require, and follows the Uniform Location of Subject Matter (EJCDC 1910-16).
C-430 Bid Bond, Penal Sum Form (2007)
Bind the bidder and surety to a commitment to pay the owner, upon default of the bidder, the penal sum set forth on the face of the bond.
C-435 Bid Bond, Damages Form (2007)
Bind the bidder and surety to a commitment to pay to the owner, upon default of the bidder, any difference between the total amount of the bidder's bid and the total amount of the next lowest, responsible, and responsive bidder, as determined by the owner, for the work required by the contract documents.
C-510 Notice of Award (2007)
Use this document to notify the successful bidder that of being awarded the contract. A key document, since many scheduled events and parties? rights are keyed to the award.
C-520 Suggested Form of Agreement Between Owner & Contractor, Stipulated Price (2007)
Set the basic terms between the owner and the contractor with this contract. Details of the contractor's basic duties and responsibilities, including bonds and insurance; progress and final payments; substantial completion; status of the engineer during construction; owner's responsibilities; subsurface and hidden site conditions; changes in the work, contract price, or contract time; contractor warranties and guarantees; correction or rejection of defective work; work suspension or termination; and dispute resolution.
C-525 Standard Form of Agreement Between Owner & Contractor, Cost-Plus (2007)
Similar in format and outline to C-520, this document applies to agreements between owners and contractors based on the cost of the work plus a fee, with a provision for a guaranteed maximum price.
C-550 Notice to Proceed (2007)
This document fixes the date when the contract time starts to run and when the contractor may begin work.
C-610 Construction Performance Bond (2007)
Assure the availability of funds to complete construction. This document was prepared through the joint efforts of the EJCDC, the Surety Association of America, and the American Institute of Architects.
C-615 Construction Payment Bond (2007)
Assure the availability of sufficient funds to pay for labor, materials, and equipment used in construction. For public work, this form provides rights of recovery for workers and suppliers that are similar to their rights under the mechanics lien laws, which apply to private work.
C-620 Contractor's Application for Payment (2007)
Provide the agreed schedule of values for various work categories involved and the quantity and amount of work completed in each category, along with the gross amount due, less retainage, amount due to date, less previous payments, and amount due on the application. This form also contains a contractor's certificate pertaining to previous progress payments and titles to material and equipment.
C-625 Certificate of Substantial Completion (2007)
Identify the project and indicate acceptance of the work to the extent stated. Designed to be accompanied by a punch list of items to be completed or corrected. Use this form to record the respective responsibilities of the owner and contractor for security, operation, safety, maintenance, heat, utilities, and insurance during the period after substantial completion and prior to final payment.
C-940 Work Change Directive (2007)
Use this form in situations involving changes in work that may delay the project if not processed expeditiously. These changes, often initiated on site, may affect the contract price or contract time. This document serves as a field directive to proceed with the work that is expected be included in a subsequent change order.
C-941 Change Order (2007)
Initiate a work change, including price or time changes--or both--and for a description of the authorized change.
C-942 Field Order (2007)
Initiate minor changes in accordance with the General Conditions without changes in the contract price or time.
Owner Engineer Documents:
E-990 Owner Engineer Documents, Full Set
Special combined offer for greater flexibility: Get a CD-ROM of all Construction Related Documents.
E-500 Standard Form of Agreement Between Owner & Engineer for Professional Services (2002)
Use this document to cover the key phases of services provided by the engineer to the owner: study and report, preliminary design, final design, bidding and negotiating, construction, and operation. It includes owners? responsibilities, additional services, schedule, payments and reimbursable expenses, opinion of costs, and general considerations. It also includes nine optional exhibits and guide sheets: basic engineering services; payment and reimbursable expenses; duties, responsibilities, and limitations of authority; notice of acceptability; construction cost limit; insurance; dispute resolution; and risk allocation.
E-520 Short Form of Agreement Between Owner & Engineer for Professional Services (2002)
Invaluable for projects of limited scope and complexity, which do not require the level of detail provided in the full version of Standard Form of Agreement Between Owner and Engineer for Professional Services (E-500). This concise document contains the basic provisions: basic agreement; payment procedures; additional services; termination; controlling law; successors, assigns, and beneficiaries; general considerations; and four payment options to suit your needs.
  Available in hard copy
1910-27A Standard Form of Agreement Between Owner & Geotechnical Engineer (1996)
Use this document when the owner employs the geotechnical engineer for continuous services during design and construction of a project. Endorsed by the Association of Engineering Firms Practicing in the Geosciences.
E-525 Standard Form of Agreement Between Owner and Engineer for Study and Report Phase (2004)
This document is for use between engineer and owner to provide advice in connection with an analysis of the owner's requirements. It is ideal for services similar to the normal study and report in the Standard Form of Agreement Between Owner & Engineer for Professional Services (E-500), but without a commitment for professional services should the assignment lead to a design commitment. Use this also for utility rate analyses or plant operation studies that do not include consideration of improvements requiring engineering design services. Includes main document and exhibits.
E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services, Task Order Edition
Use this document UPDATED FOR 2004: This document is designed for owners and engineering firms that wish to contract for work on a series of yet unspecified projects. It defines responsibilities, allocates risks, and defines the usual matters, e.g., term, hazardous environment, controlling law. Individual projects are then defined in a Task Order, which is included in this form. Includes main document plus eleven exhibits.
Engineer Subconsultant Documents:
E-991 Engineer Subconsultant Documents, Full Set
Special combined offer for greater flexibility: Get a CD-ROM of all Engineer-Subconsultant Documents.
1910-10 Standard Form of Agreement Between Engineer & Architect for Professional Services (1997)
Use this document to define the architect's services, engineer's responsibilities, and the period of service. The provisions of this document are closely coordinated with those of the owner-engineer agreement (E-500), under which the engineer who employs the architect will have been employed by the owner.
  Available in hard copy
1910-14 Standard Form of Agreement Between Engineer & Consultant for Professional Services (1997)
Use this document when consultant services are provided to the engineer by specialists who are not necessarily engineers; e.g., archaeologists, surveyors, acoustical consultants, librarians, landscape architects, and accountants. It defines the relationship, services to be provided by the consultant, the engineer's responsibilities, and the period of service.
  Available in hard copy
E-571 Amendment to Engineer-Consultant Agreement (1999)
This document formalizes changes and additions to the Standard Form of Agreement Between Engineer and Consultant for Professional Services (1910-14)
1910-27B Standard Form of Agreement Between Engineer & Geotechnical Engineer for Professional Services (1996)
Use this document when contracting between engineer and geotechnical engineer for continuous services during design and construction of a project. Endorsed by the Association of Engineering Firms Practicing in the Geosciences.
  Available in hard copy
Environmental Remediation Documents:
R-990 Environmental Remediation Documents, Full Set
Special combined offer for greater flexibility: Get a CD-ROM of all Environmental Remediation Documents.

Use this family of documents on hazardous remediation projects. Developed jointly with ACEC?s Environmental Business Action Coalition, these forms address the roles of owners, design professionals, and contractors in this very specialized design and construction arena.
R-700 Standard General Conditions of the Contract Between Owner & Environmental Remediator (2006)
 
R-001 Commentary on EJCDC Environmental Remediation Documents (2006)
 
R-520 Standard Form of Agreement Between Owner & Environmental Remediator, Stipulated Price (2006)
 
R-521 Standard Form of Agreement Between Environmental Remediator & Subcontractor, Stipulated Price (2006)
 
R-525 Standard Form of Agreement Between Owner & Environmental Remediator & Subcontractor, Cost-Plus (2006)
 
R-526 Standard Form of Construction Subagreement Between Environmental Remediator & Subcontractor, Cost-Plus (2006)
 
R-750 Standard General Conditions of the Subagreement Between Environmental Remediator & Subcontractor (2006)
 
Procurement Documents:
P-990 Procurement Agreement Documents, Full Set
Special combined offer for greater flexibility: Get a CD-ROM of all Procurement Documents.
P-001 Commentary on Procurement Documents
This document provides an explanation of the intended applications and highlights of key provisions of the Procurement Documents. It also contains discussion of pertinent provisions of Article 2 of the Uniform Commercial Code.
P-700 Standard General Conditions for Procurement Contracts (2000)
Presents a detailed description of what is expected of both the buyer and seller, including: definitions and terminology, preliminary matters, intent of the documents, bonds and insurance, seller's responsibilities, delivery, changes, buyer's rights, role of the engineer, payment, cancellation, suspension and termination, licenses and fees, and dispute resolution. This comprehensive document covers everything you will need to know on any procurement issue.
P-800
 
Guide to the Preparation of Procurement Supplementary Conditions for Procurement Contracts (2000)
Provides guidelines for use in preparing procurement supplementary conditions for procurement contracts.
P-200 Suggested Instructions to Bidders, Procurement Contracts (2000)
This document was prepared for use with Standard General Conditions for Procurement Contracts (P-700) and Suggested Form of Agreement Between Buyer and Seller for Procurement Contracts (P-520). Any change to one may necessitate a change to the others.
P-400 Suggested Bid Form for Procurement Contracts (2000)
This document contains a suggested format and language that will be applicable in most situations. It is to be used with other procurement documents. A change in one may require a change in the others.
P-520 Suggested Form of Agreement Between Buyer & Seller for Procurement Contracts (2000)
This document contains a suggested format and language that will be applicable in most situations. It is to be used with other procurement documents. A change in one may require a change in the others.
P-610 Suggested Performance Bond for Procurement Contracts (2000)
This single-sheet document provides the performance bond form on the front with detailed instructions on the back. Since the project it potentially covers could be worth its weight in diamonds, you won't go far without it.
P-615 Payment Bond for Procurement Contracts (2000)
Very useful bond form with instructions on the back.
Funding Agency Documents:
F-990 Funding Agency Documents, Full Set; Includes 13 documents:
C-710 Standard General Conditions of the Construction Contract; Funding Agency Edition (2002)
C-521 Suggested Form of Agreement Between Owner & Contractor Stipulated Price; Funding Agency Edition (2002)
C-200 Guide to the Preparation of Instructions to Bidders (2002)
C-410 Suggested Bid Form for Construction Contracts (2002)
C-430 Bid Bond, Penal Sum Form (2002)
C-510 Notice of Award (2002)
C-800 Guide to Preparing Supplementary Conditions (2002)
C-610 Construction Performance Bond (2002)
C-615 Construction Payment Bond (2002)
C-620 Contractor's Application for Payment (2002)
C-941 Change Order (2002)
C-550 Notice to Proceed (2002)
C-625 Certificate of Substantial Completion (2002)
C-710 Standard General Conditions of the Construction Contract; Funding Agency Edition (2002)
This document is a modified version of Standard General Conditions of the Construction Contract (C-700), designed for use on RUS-funded water and wastewater projects. Includes: definitions and terminology; preliminary matters; contract documents: intent, amending, reuse; availability of lands; subsurface and physical conditions; hazardous environmental conditions; reference points; bonds and insurance; contractor's responsibilities; other site work; owner's responsibilities; engineer's status during construction; work changes; claims; cost; allowances; unit price work; change of contract price; change of contract times; tests and inspections; correction, removal or acceptance of defective work; payments to contractor and completion; suspension of work and termination; dispute resolution; miscellaneous; and Federal Requirements.
C-521 Suggested Form of Agreement Between Owner & Contractor Stipulated Price; Funding Agency Edition (2002)
This agreement is designed for use on RUS-funded water and wastewater projects. It has been prepared for use with the EJCDC's Guide to the Preparation of Instructions to Bidders' (C-200) and Standard General Conditions of the Construction Contract, Funding Agency Edition (C-710). For guidance in the preparation of supplementary conditions and coordination with instructions to bidders, see also EJCDC's Guide to the Preparation of Supplementary Conditions (C-800) and Suggested Bid Form (C-410).
E-510 Standard Form of Agreement Between Owner & Engineer for Professional Services; Funding Agency Edition (2002)
This agreement is a modified funding agency version of the Standard Form of Agreement Between Owner and Engineer for Professional Services (E-500), for use on RUS-funded water and wastewater projects. Includes: engineer?s services, owner's responsibilities, schedule of services, invoices and payments, opinions of cost, general considerations, definitions, and exhibits and special provisions.
Design-Build Documents:
D-990 Design-Build Documents, Full Set
Special combined offer for greater flexibility: Get a CD-ROM of all Design-Build Documents.
D-001 Guide to Use of EJCDC Design/Build Documents (2002)
This commentary on the use of the design/build family of documents is essential guide to achieving the contracting goals of these documents. It includes guidance on preparing RFPs, proposal language, proper use of the documents, and the preparing supplementary conditions.
D-700 Standard General Conditions of the Contract Between Owner & Design/Builder (2002)
Use this document to allocate the basic duties and responsibilities between the owner and design/builder.
D-750 Standard General Conditions of the Subcontract Between Design/Builder & Subcontractor (2002)
Use this document to set out the general conditions of the subagreement between the design/builder and a subcontractor providing construction services.
D-500 Standard Form of Agreement Between Owner & Owner's Consultant for Design Professional Services on Design/Build Projects (2002)
Use this agreement to set the duties and responsibilities of an engineer who provides services directly to the owner?such as study and report phase services, preparation of the request for proposal, review of design/builder's drawings and specifications, and construction administration services.
D-505 Standard Form of Subagreement Between Design/Builder & Engineer for Design Professional Services (2002)
Design/builders use this document to retain an engineer to provide design professional services.
D-510 Standard Form of Agreement Between Owner & Design/Builder for Preliminary Services (2002)
Use this agreement to set the basic duties and responsibilities between the owner and design/builder for preliminary services. Covering all phases?study and report, technical exhibit, and proposal?it includes standards of performance, use of documents, electronic media, study and design phase insurance, dispute resolution, and more.
D-520 Standard Form of Agreement Between Owner & Design/Builder, Stipulated Price (2002)
Use this agreement between owner and design/builder when compensation is based on lump sum payment, unit price, or both. This agreement also covers contract times, design/builder's representations, and other provisions.
D-521 Suggested Form of Subagreement Between Design/Builder & Subcontractor, Stipulated Price (2002)
Design/Builders use this document for agreements with subcontractors where compensation is based on lump sum payment, unit price, or both.
D-525 Suggested Form of Agreement Between Owner & Design/Builder on the Basis of Cost-Plus (2002)
Similar in format and outline to D-520, this document applies to agreements between owners and design/builders based on the cost of the work plus a fee, with a provision for a guaranteed maximum price.
D-526 Suggested Form of Subagreement Between Design/Builder & Subcontractor, Cost Plus (2002)
Similar in format and outline to D-521, this document provides for compensation based on the cost of the work plus a fee, with a provision for a guaranteed maximum price.
D-610 Design/Build Contract Performance Bond (2002)
Use this document to assure the availability of funds to complete a design/build project.
D-615 Design/Build Contract Payment Bond (2002)
Use this document to assure the availability of funds to pay for labor, materials, and equipment used in design/build projects.
Joint Venture Between Engineers Document:
E-580 Standard Form of Joint Venture Agreement Between Engineers for Professional Services (1999)
Use this document to define the relationship between two engineering firms collaborating on a project. It leads the firms to establish matters such as finance, capital, contributions, management, liability, and authority.
  Available in hard copy
Peer Review Document:
E-581 Standard Form of Agreement Between Owner, Designer & Project Peer Reviewers (1999)
Use this document to define the responsibilities, authorities, scope of work, and other terms among owners, designers, and peer reviewers for independent project peer reviews.
  Available in hard copy
Guides, Commentaries & References:
COM-01 Commentary on the Terms and Conditions of the Associated Owners and Developers (AOD) Standard Form of Agreement Between Owner and Contractor.
EJCDC prepared this document to help lead users of EJCDC documents users to make informed decisions. Click here to download (PDF)
  Available in hard copy
1910-24 Contract Documents Bibliography (1996)
Concise and useful reference to books and periodicals that pertain to various aspects of contract documents.
  Available in hard copy
1910-9C Focus on Shop Drawings (1985)
Noted attorney John Clark alerts parties in the construction process to the common pitfalls and well-documented problems relating to shop drawing submission, review, and approval procedures. This classic guide draws on EJCDC language as well as general professional practices and several recent, significant court decisions, in discussing the duties and responsibilities of the engineer and contractor with respect to the shop-drawing process.
  Available in hard copy
1910-9G Indemnification by Engineers--A Warning (1990)
With increasing frequency, engineers are requested to indemnify their clients against any losses the clients may suffer in connection with projects the engineers have designed. This document not only alerts engineers and clients to potential ramifications of these and similar hold-harmless clauses but also gives practical advice. Among the issues covered are the meaning of indemnification, its historical background in engineering agreements, and current trends in the use of indemnification clauses.
  Available in hard copy
1910-9E Limitation of Liability in Design Professional Contracts (1986)
This legal analysis examines the possibility of sharing all or partial liability risks of a project with the owner, through indemnification, hold-harmless agreements, or other language to control the engineer's extent of exposure.
  Available in hard copy
1910-9D Recommended Competitive Bidding Procedures for Construction Projects (1987)
 
  Available in hard copy
1910-16 Uniform Location of Subject Matter (1995)
The practice of engineers and architects addressing the same subject matter in different locations in their respective bidding and construction documents has led to confusion and unanticipated legal consequences. This document is intended to lead to a more standardized approach, which will benefit all parties involved in a construction project. Sets up tabular listings of subject matter and keys for easy reference.
  Available in hard copy