Schinnerer's RM Blog - ejcdc tag

EJCDC Adds Teaming Component to Revised Joint Venture Agreement

Tue, 20 Dec 2011 13:20:00 GMT

Recognizing that firms are in many cases teaming with others to pursue business opportunities, the Engineers Joint Contract Documents Committee (EJCDC) has added a Teaming Agreement to a new revised version of the joint venture document. The EJCDC E-580, Teaming Agreement to Pursue Joint Business Opportunity and Joint Venture Agreement Between Engineers has two components—the Teaming Agreement can be used for two firms that wish to join together to pursue an opportunity to obtain work, and the Joint Venture Agreement can be used to define the relationship of the firms when they are providing professional services to a client.

EJCDC documents can be obtained at the online stores of the four sponsoring organizations of EJCDC: the American Society of Civil Engineers (ASCE), the Associated General Contractors of America (AGC), the National Society of Professional Engineers (NSPE), and the American Council of Engineering Companies (ACEC). They can also be purchased at www.ejcdc.org.

Right to rely on information provided by your client

Tue, 22 Feb 2011 19:59:00 GMT

The standard AIA and EJCDC form documents state that the client will provide surveys and other information to the consultants and that the consultants are entitled to rely on the accuracy of such information. This allows you to describe the scope of services you are providing correctly since you are referencing information on which you are entitled to rely. Client-drafted contracts, however, may change the responsibilities. Recently, we came across the following clause in a contract review:

Client shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project. However, the Consultant remains fully responsible for verifying the accuracy of this information.

If you agree to this provision, it means that you have taken on the responsibility of verifying the accuracy of the information provided. Depending on the project and the information provided you have to decide whether this is a reasonable responsibility to assume under the circumstances. From a risk management perspective, it is prudent to examine your scope of services and increase the fees you are charging for the increased risks if the client is unwilling to provide you with a right to rely on the information provided.

Monitoring Changes in Standard Industry Documents

Tue, 09 Feb 2010 14:13:00 GMT

Standard industry contracts generally reflect prevailing customs, practice, and experience. They are internally coordinated and consistent and provide a comprehensive framework for the agreement between the parties. Design professionals should note, however, that since these standard industry contracts are drafted for broad applicability, they must be adapted to project-specific circumstances.