New ConsensusDOCS™ Contract Forms

A new set of standard construction contract forms will soon be available electronically. Scheduled for release in late September, ConsensusDOCS will include a full range of over 70 documents addressing everything from standard design-bid-build projects to design-build and construction management project delivery. Included in the collection will be a document that defines standard electronic communication protocol for a project and an innovative tri-party collaborative agreement for use by the owner, contractor, and designer.

ConsensusDOCS have been jointly developed by a consortium of twenty construction industry organizations representing groups as diverse as building owners, general contractors, subcontractors, design professionals, and sureties.

Two key organizations, The Associated General Contractors of America (AGC) and the Construction Owners Association of America (COAA) have combined their respective document programs and made their documents the starting point for consensus among all the participating organizations. According to Brian Perlberg, AGC Senior Counsel for Construction Law and Contract Documents, "Publication of the ConsensusDOCS will transform construction in the United States, because it is the first time the entire industry was invited to participate equally in the development of true consensus documents. Instead of contracts that are biased toward one group or one set of special interests, these documents have been fashioned to offer truly balanced contractual rights and responsibilities that are fair to all parties."

In addition to taking project collaboration to a new level, the new documents pointedly address the issue of dispute resolution. The ConsensusDOCS philosophy is to align the interests of the various parties to achieve superior project results. This includes encouraging direct communications to resolve problems before they become contentious and turn into claims. Mediation is required before arbitration or litigation, and innovative language has been inserted that is designed to mitigate issues before they can escalate.

The ConsensusDOCS documents will be available in electronic form through DocuBuilder® software that was developed by Building Systems Design, Inc. (BSD). The documents will be available either through annual subscription or through a Meter Mode™ purchase that deducts the document cost from a prepaid meter each time a final document is printed. Subscribers may purchase comprehensive access to all documents or may opt for a less expensive subscription to a particular catalog, such as the design-build documents. Subscriptions and Meter Mode purchases can be made online at www.ConsensusDOCS.org, where additional information about the documents is also available. Information about DocuBuilder and ConsensusDOCS can also be obtained by telephone, at 800-282-1423.

Groups Participating in ConsensusDOCS Development

• American Subcontractors Association, Inc. (ASA),
• Associated Builders and Contractors (ABC),
• Associated General Contractors of America (AGC),
• Associated Specialty Contractors, Inc. (ASC),
• Construction Industry Round Table (CIRT),
• Construction Owners Association of America (COAA),
• Construction Users Roundtable (CURT),
• Finishing Contractors Association (FCA),
• Lean Construction Institute (LCI),
• Mechanical Contractors Association of America (MCAA),
• National Association of State Facilities Administrators (NASFA),
• National Association of Surety Bond Producers (NASBP),
• National Electrical Contractors Association (NECA),
• National Insulation Association (NIA),
• National Roofing Contractors Association (NRCA),
• National Subcontractor Alliance (NSA),
• Painting and Decorating Contractors of America (PDCA),
• Plumbing-Heating-Cooling Contractors (PHCC),
• Sheet Metal & Air Conditioning Contractors’ National Association (SMACNA),
• Surety & Fidelity Association of America (SFAA).