The Engineers Joint Committee on Contract Documents (EJCDC) released E‑525, Agreement Between Owner and Engineer for Study and Report Professional Services, 2022 Edition. E-525 is for use when engaging a firm to prepare a study and report. The document addresses project feasibility studies, facility needs, or siting challenges without more detailed design services. The document... Continue Reading →
Define communication protocols in your agreements
Clients are increasingly using text messages to provide direction and relay important project information. This can be problematic for design firms that want to document such communications in their project files. Firms find that following up via email takes additional time, and the client may not respond to the email, which creates ambiguity. Firms that... Continue Reading →
EJCDC publishes 2020 editions of E-500 and E-570
The Engineers Joint Contract Documents Committee (EJCDC) recently published revised versions of E-500, Standard Form Agreement Between Owner and Engineer for Professional Services, and E-570, Agreement Between Engineer and Subconsultant for Professional Services.E-500 Main Agreement UpdatesE-500 is a comprehensive standard contract for engineering design services and related construction phase engineering and administrative services. The terms... Continue Reading →
EJCDC releases new documents
The Engineers Joint Contract Documents Committee (EJCDC) recently updated E-580, Teaming Agreement to Pursue Joint Professional Services Opportunity. The revisions allow the document to function as a new stand-alone teaming agreement that is suitable for firms interested in "a wide variety of project-pursuit purposes." E-580 makes it very clear that if the team fails to... Continue Reading →
EJCDC releases four updated engineering contracts
Last week we posted about new contracts from the AIA. This week we're focusing on new contracts from EJCDC. Engineers should be aware that the Engineers Joint Contract Documents Committee (EJCDC) released four updated documents late in 2015. They are: E-560, Standard Form of Agreement Between Engineer and Land Surveyor E-564, Standard Form of Agreement... Continue Reading →
The uniform location of subject matter should guide information placement
Construction contracts typically include several components. Key business terms are found in the agreement form, which are then modified by the general and supplementary conditions and the drawings and specifications. In addition, key contract-related information is sometimes included in bidding documents, such as instructions to bidders and bid forms. For years, there was no generally... Continue Reading →
Why are some words in your contracts capitalized and others aren’t’?
I recently received a telephone call from a policyholder asking this question because of a minor issue that arose when the term “notice of award” was capitalized in the general conditions, but was not capitalized in the instructions to bidders. His attorney advised that “it could be argued” (a not-unusual term for an attorney to... Continue Reading →
EJCDC publishes public-private partnership template
Public-private partnerships, or P3 arrangements, are being used in place of direct public financing for the many infrastructure and other public improvement projects. Under a P3 agreement, a government entity grants a private organization a concession to implement a public project or service, such as developing or renovating public facilities, expanding infrastructure, or providing new... Continue Reading →
EJCDC Issues New Standard Contract
The Engineers Joint Contract Documents Committee (EJCDC) has republished its standard E-500 form contract (Agreement Between Owner and Engineer for Professional Services). It is the comprehensive standard contract for engineering design services and related construction-phase engineering and administrative services. The terms and content of the 2014 edition are coordinated with the recently published 2013 edition... Continue Reading →