huangyhg

contract documents
inquiring about any comments on using ejcdc contract documents for engineer - owner / contractor or engineer - architect contracts?
or other standardized contracts?
thanks
most of my clients are architects and want to use the standard aia contract. i've received cold responses when i wanted to use either a different contract format.
i use the ejcdc documents whenever i can. they are "friendly" to engineers. the 1996 version is better than subsequent versions.
also, you can get permission to copy them...aia will not allow copying.
aia contract documents are one way. the architect way! i also agree with ron, they do not permit even the architect who buys them from copying them! they have to print originals; at least this is my experience.
it is my opinion that contracts do not have to be lengthy. there are basic clauses that must be covered. here is a short list that i have in mine:
1. name and address of parties.
2. name of project and its location
3. scope of services, the more detailed the better.
4. schedule, it is imperative to have a schedule or a statement as to the miles stones. if i do not have a schedule, we state that both parties will endeavor to expedite and mutually agree on dates.
5. deliverables, the more detailed the better.
6. assumptions and exclusions
7. fee and break down of design, cm and reimbursable.
8. billing and payment frequency.
9. venue of litigation (we specify that courts in our county will be the venue). this may become valuable if you have client who lives many miles or in another county.
10. attorney fees. if they do not pay and sue to collect, the client shall bear the cost of attorney fees. the attorney fees shall be over and above the design fee.
11. copyright to the plans. we insert this in everyone of our proposal.
12. detailed list of reimbursable.
13 signature blocks.
this is very simple and can be achieved in six (6) pages.
good luck.
regards,
lutfi
ron and lufti,
do either or both of you include a copy of the ejcdc contract with your fee letter to the client?
a few more that you may want to add:
clients responsibilities
insurance requirements
indemnification and limitations of liability
i do not use ejcdc contract. we have a contracts manager at our firm that handles all of our contractual matters. incidentally, he is a contracts attorney.
regards,
lutfi
we use modified case (council of american structural engineers) contract docs here. they are available from the american council of engineering companies (acec) web site. i like them because they are short ( typical agreemnt is 3 pages max for the smallish types of projects we do, <40k fee usually), and not slanted towards the architect as the aia std agreements are. case docs can be bought in word format so the agreements are easily modified as required, and printed as often as needed.

i have copies of the case contract documents. i use the case 6-1999 scope of services sheets as attachments to my fee letters. but when i've tried to get an architect to use any other document besides the aia, and even to get some of the wording revised, they refuse. it's the "if you want the work, sign the contract as-is" thing.
we get all types of contracts from larger clients. our "errors and omissions" liability insurance broker has an attorney on staff that reviews said contracts for free and sends us comments and notes how important they are to be changed. even "standard" contracts (aia, case, ejcdc, etc.) can contain language that may not be covered by your insurance policy. whatever you decide on, make sure you have it reviewed.
sduggan, gave you a star for reminding everyone:
let the engineers engineer the project.
let the lawyers and insurance people deal with the contract.

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