Celebrating 10 Years 

Immediately following its September 27 business meeting, ConsensusDocs celebrated its 10th Anniversary in Arlington, VA with a reception and dinner, which NASBP staff Mark H. McCallum, NASBP CEO, and Kathy Hoffman, Director of Communications (middle row) attended.

For the anniversary celebration, ConsensusDocs created a video and slide presentation, describing the evolution of the ConsensusDocs effort over the past decade. In addition, ConsensusDocs representatives were given Commemorative T-shirts. Pictured are representatives of 11 ConsensusDocs Coalition members holding their 10th Anniversary ConsensusDocs T-shirt.

NASBP is proud to be one of the first to join the ConsensusDocs coalition when it formed 10 years ago. Today ConsensusDocs represents 40 design and construction industry associations.

In a NASBP blog interview in September, Brian Perlberg, Executive Director of ConsensusDocs stated: “Without a doubt, ConsensusDocs wouldn’t exist without the efforts and ideas of NASBP. Since it began, the Coalition has continued to invite construction industry organizations to join and help in drafting and updating the library of consensus standard contract documents.”

New Standard Operations and Maintenance (O&M) Agreement Released and Owner and Constructor (Cost of Work Plus a Fee with GMP) Agreement Updated   

ConsensusDocs recently released new and updated documents. ConsensusDocs released a new industry standard agreement for operations and maintenance, the ConsensusDocs 910, Standard Operations and Maintenance (O&M) Agreement, which is the first agreement that ConsensusDocs has published that focuses on construction work services that take place after substantial completion.

The 910 provides an off-the-shelf contractual solution for an owner seeking to procure standalone O&M services. A unique feature of this agreement is that it allows for a flexible one-to-five-year agreement period for which bonds may be provided to meet the challenges of a project with an extended period of performance. The terms and conditions are based on the fair and best practice terms published by ConsensusDocs, which were recently updated in December 2016.

This agreement is the first in a new series, the Public-Private-Partnership (P3) 900-series, which is increasing in use and importance in the construction industry.

“The 910 fills an important role in many projects,” commented Ernest Brown, CEO of Ernest Brown & Company, who chaired the ConsensusDocs working group that produced the O&M agreement. “It can be easily adapted for use for Design/Build/Operate (DBOT), Design-Build Plus (O&M), and Public Private Partnership (P3). It encompasses third-party services provided for a contractor’s warehouses, buildings, and heavy equipment.”

Also, ConsensusDocs has published an updated standard prime agreement for construction owners and constructors providing a best practice industry standard contract with integrated general conditions where the payment is based upon the cost of the work and includes a guaranteed maximum price (GMP). Unlike the ConsensusDocs 500 CM At-Risk agreement that contemplates preconstruction services and a GMP amendment once the design is sufficiently complete, this agreement, ConsensusDocs 230, contemplates a GMP upon contract signing.

“The general terms and conditions integrated into this agreement are based upon the fair and best practice contractual terms that we recently updated in our most used contracts for design-bid-build in December of 2016. As ConsensusDocs has just reached its 10-year milestone with a track record of success, release of the 230 is just another example of how those in the industry using ConsensusDocs are better positioned to be ahead of the curve,” stated Perlberg.

Below are 16 contracts that have been updated or are new to the catalog of documents in the last year. Revisions to these documents were made to address industry changes impacting insurance, legal, technology, and terminology. See Documents Guide.

• ConsensusDocs 200 Owner & Constructor Agreement
• ConsensusDocs 205 Owner & Constructor Short Form Agreement
• ConsensusDocs 230 Owner & Constructor Short Form Agreement (Cost of Work with GMP)
• ConsensusDocs 235 Owner & Constructor Short Form Agreement (Cost of Work)
• ConsensusDocs 240 Owner & Design Professional Agreement
• ConsensusDocs 245 Owner & Design Professional Short Form Agreement
• ConsensusDocs 300 Multi-Party Agreement for Integrated Project Delivery (IPD)
• ConsensusDocs 410 Owner & Design-Builder Agreement (Cost of Work Plus Fee with GMP)
• ConsensusDocs 415 Owner & Design-Builder Agreement (Lump Sum)
• ConsensusDocs 420 Design-Builder & Design Professional Agreement
• ConsensusDocs 450 Design-Builder & Subcontractor Agreement
• ConsensusDocs 460 Design-Builder & Subcontract Agreement (Cost Plus with GMP)
• ConsensusDocs 500 Owner & Construction Manager Agreement (GMP with Preconstruction Services Option)
• ConsensusDocs 750 Constructor & Subcontractor Agreement
• ConsensusDocs 751 Constructor & Subcontractor Short Form Agreement
• ConsensusDocs 910, Standard Operations and Maintenance (O&M) Agreement

Because NASBP is a participating member of the ConsensusDocs Coalition, the NASBP membership can use the NASBP100 discount code for a 20% discount to purchase other ConsensusDocs.org contract subscription packages. Anyone can request a free sample of a ConsensusDocs document to review from www.consensusdocs.org.

Free ConsensusDocs Software Training Videos and Webinars Recently Updated  

ConsensusDocs offers free, monthly training webinars to help users learn about the variety of features and tools available that can assist in contract negotiations using the ConsensusDocs Platform. Or, learn on your own schedule by watching the updated training videos at https://consensusdocs.org/Training_Videos.

Register for the live training webinars at http://www.consensusdocs.org/Support.

Request a Free Sample ConsensusDocs Contract

Remember that full, sample ConsensusDocs contracts can be requested. To request a full sample ConsensusDocs contract for your internal review purposes, fill out the ConsensusDocs Sample Request form that is at www.consensusdocs.org. Note that any use of the contract, other than for internal review purposes, must come from a valid subscription purchase at www.ConsensusDocs.org.

Copyright Licensing

Anyone interested in using ConsensusDocs for educational or legal research purposes can apply for a free ConsensusDocs copyright license. Once the application is processed, applicants will receive a numbered copyright license letter and full watermarked samples of the requested documents. Licenses must be renewed on a yearly basis and are contingent upon compliance with the terms of the license letter. To complete an application for copyright licensing, visit the resources page at ConsensusDocs.org.

ConsensusDocs Documents are the only contracts endorsed by 40 leading design and construction industry organizations. Offering a library of 100+ contract documents addressing all methods of project delivery, ConsensusDocs incorporate fair risk allocation and best practices to represent the project’s best interests. Coalition members represent design professionals, owners, contractors, subcontractors and sureties (DOCS). For more information, visit www.ConsensusDocs.org, call 1-866-925-DOCS (3627) or email support@ConsensusDocs.org.

NASBP is an endorsing organization of the ConsensusDocs coalition, an unprecedented effort by 40 industry organizations to identify industry best practices and to incorporate such practices in a new generation of construction industry standard form documents. Find out more at the NASBP’s involvement with ConsensusDocs by clicking here.