New ConsensusDocs Design-Build Teaming Agreement Released
ConsensusDocs recently released a new Design-Build Teaming Agreement, ConsensusDocs 498, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. This agreement has the flexibility for those team members to include design professionals, contractors and other parties.
One team member serves the role as team leader for the purposes of compiling and submitting the proposal, as well as for negotiation of the owner agreement, if awarded. Critical issues such as confidentiality, withdrawal from the team, and document ownership are included. Post-award considerations are addressed and team members are required to enter good faith negotiations for a subsequent agreement covering the work (e.g., the ConsensusDocs 298 Joint Venture Agreement or the 299 Joint Venture LLC Operating Agreement).
“With the industry’s increase in joint ventures and design-build construction, there is an increased need for a standard preliminary teaming agreement. The new document provides an excellent contractual foundation for all parties desiring to form a design-build teaming arrangement prior to forming a joint venture,” said Kory D. George, partner at Woods & Aitken LLP and chair of the ConsensusDocs teaming working group. He added the contract is specifically drafted to address the unique considerations of a design-build teaming arrangement.
The newly-published agreement furthers the coalition’s goal of writing fairer contracts to deliver better project results with less litigation. Similar to all ConsensusDocs standard contract documents, this agreement takes a project-first approach and promotes collaboration, communication and integration.
ConsensusDocs are the only contracts written by 38 leading design and construction industry organizations. Offering a catalog 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.
Visit www.ConsensusDocs.org to download free podcasts (under Audio Conferences).
Mark Your Calendar for April and May ConsensusDocs Webinars
Federal Contracting: What You Absolutely Need to Know
April 22, 2013 2:00 - 3:30 pm ET
To receive your NASBP discount on this April 22 ConsensusDocs Webinar, you will need to enter NASBP30_WEB. For more information and to register for this webinar, click here.
An expert panel will highlight important new federal contracting practices including what you need to effectively subcontract work, including the latest possible implications of sequester. The expert speakers will cover critically important requirements concerning: small business contracting, false claims act, ethics compliance, Davis-Bacon, and Miller Act claims. Also learn about the 2013 revisions to the ConsensusDocs 752 standard federal subcontract which was revised to address recent changes. In order to avoid significant potential liability, you need both the contractual tools coupled commensurately with training and administration compliance programs. This webinar will highlight both so that webinar participants can certify with confidence that they are in compliance.
Tom Kelleher, Smith Currie & Hancock, LLP, Atlanta, GA
Lori Lange, Peckar & Abramson, P.C., Washington, D.C.
Moderator: Brian Perlberg, Executive Director of ConsensusDocs
Cost: $129.00 General Public / $99.00 ConsensusDocs Coalition Organization members / FREE ConsensusDocs Subscribers
Owner & Contractor Perspectives on Tailoring ConsensusDocs to Your Projects & Using ConsensusDocs as a National Standard in Contract Negotiations
May 8, 2013, 2:00-3:30 pm ET
To receive your NASBP discount on this May 8 ConsensusDocs Webinar, you will need to enter NASBP_WEB. For more information and to register for these webinars, click here. Do not use the code NASBP30_WEB.
The panel of industry attorneys will review a variety of design and construction contracts a provide insight into key provisions and provide perspectives from owners, contractors, design-builders, subcontractors and design professionals. The presentation will include an analysis of key risk provisions from:
- ConsensusDocs 200 - Owner & Contractor Agreement
- ConsensusDocs 240 - Owner & Design Professional Agreement
- ConsensusDocs 410 - Owner & Design-Builder Agreement
- ConsensusDocs 750 - Contractor & Subcontractor Agreement
Topics from the various perspectives include indemnity/insurance, damages, standard of care, document ownership, termination, and more.
For more information and to register for these webinars, visit https://www.consensusdocs.org/webinars.
Melissa A. Beutler, Esq., LEED AP, Holland & Hart LLP, Las Vegas, NV
Philip E. Beck, Esq., Smith, Currie & Hancock, LLP, Atlanta, GA
Ronald D. Ciotti, Esq., Hinckley, Allen & Snyder, LLP, Concord, NH
Moderator: Carrie L. Ciliberto, Esq., Deputy Executive Director & Counsel of ConsensusDocs
Cost: $89.00 General Public / $49.00 ConsensusDocs Coalition Organization members / FREE ConsensusDocs Subscribers
Register now for the ConsensusDocs webinars and enter NASBP_WEB for the NASBP discount. For more information and to register for these webinars, click here.by clicking here.
NASBP Membership Receives a 20% Discount on ConsensusDocs Subscriptions
ConsensusDocs Documents are the only contracts endorsed by 38 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
Remember: The NASBP membership receives a 20% discount on all ConsensusDocs purchases. Simply use Discount Code “NASBP400” when prompted at purchase at www.ConsensusDocs.org.
NASBP is an endorsing organization of the ConsensusDocs coalition, an unprecedented effort by 38 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.