NASBP-supported ConsensusDocs Webinar on March 22 Shares 10 Risk Management Maxims to Maximize Project Success

Register for the NASBP-supported ConsensusDocs webinar at 2:00 p.m. ET on Wednesday, March 22. “10 Risk Management Maxims that Will Change Your Approach to Project Delivery” will explore the key factors contributing to a successful project delivery process and highlight the risk management maxims that help maximize your chances of success. The session will identify common risk management pitfalls, discuss contract review and operation strategies, and help build a “claims mindset.”

Use the NASBP discount code—w23q1nasbp—when you purchase to receive $20 off your registration rate, reducing the price to $79. Remember that ConsensusDocs subscribers can receive $50 off. Register today.

ConsensusDocs Releases New Prefabricator Lump Sum Agreement

The use of prefabrication in the construction industry continues to expand. However, well-established industry contracting practices for this growing construction process are yet to be firmly established. This month, the ConsensusDocs Coalition announced the publication of the ConsensusDocs 253 Prime Agreement and General Conditions for an owner to procure prefabricated construction materials and components. This is the industry’s first standard prime-level contract document to address the unique features and legal implications created by the prefabrication process.

While prefabrication and modular building have been around for decades, most construction contracting relating to such processes has failed to address critical legal issues created by these hybrid construction/manufacturing processes. The ConsensusDocs Coalition has taken a leadership role in addressing the unique features of prefabrication and modular building. In 2020, the Coalition published the first industry-standard contract document in this area – the ConsensusDocs 753 – Standard Subcontract for Prefabricated Construction. The new ConsensusDocs 253 provides best practices and fair risk allocation when the owner purchases the prefabricated components directly from the prefabricator.

“This new ConsensusDocs prime-level standard agreement is a first-in-the-nation resource that will make it much easier to contract appropriately given the unique legal aspects that apply to prefabrication and modular building,” said Ron Ciotti, a Partner at Hinkley Allen and Chair of the ConsensusDocs Prefab Working group. He added, “Before this new standard, the general contractors, prefabricators, and owners that I commonly represent were forced to create a custom agreement from scratch to address the unique nature of prefabricated construction.”

Brian Perlberg, ConsensusDocs Coalition Executive Director and Senior Counsel, said, “We are very pleased to continue to flesh out best practices for prefabrication throughout the contractual chain.”

The ConsensusDocs 253 – Standard Agreement and General Conditions Between Owner and Prefabricator (Lump Sum) is available in the following packages:

• Full Package
• Owner Package
• Design-Builder Package
• Design Professional Package
• Consultant Package

For a free sample of the ConsensusDocs 253, complete the Request a Sample form.

ConsensusDocs was created and developed in 2007 under the leadership of 20 organizations in the architecture, engineering, and construction (A/E/C) industry through a coalition effort with one goal: to transform construction by developing contracts and documents that protect the best interests of the project. Because NASBP is an endorsing member of ConsensusDocs, the NASBP membership is entitled to a 20% discount off the regular retail price on all ConsensusDocs subscriptions when using discount code 7VU89T9P at checkout.

Check Out the Top Five Most Read ConsensusDocs Construction Law Newsletter Articles

Here is a list of the top five most-read articles of 2022 from the ConsensusDocs Construction Law Newsletter compiled by Brian Perlberg, Editor.

5. What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy By: Martha B. Chovanes, Partner, and Laurie A. Stanziale, Partner, Fox Rothschild LLP.

4. Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses By: Amanda L. Marutzky, Partner, Watt, Tieder, Hoffar, & Fitzgerald, LLP.

3. DoD Issues Guidance on Inflation Adjustments for Contractors By: Jennifer Harris, Senior Counsel, Abby Salinas, Summer Associate, Peckar & Abramson, P.C.

2. Anticipating Material Supply Chain Issues in Construction Projects By: Former Smith Currie associate Danielle Meyer and Bryan Van Lenten, Director, HKA.

1. 2022’s most-read article is Pay-if-Paid Prohibition Expands: Will Other States Follow By: Joshua E. Holt, Associate, Shoshana E. Rothman, Partner, and Lauren P. McLaughlin, Partner, Smith, Currie & Hancock LLP.

For more information about NASBP’s active role as an endorsing member of ConsensusDocs, visit nasbp.org.

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For more information, visit consensusdocs.org.
For information about the ConsensusDocs bond forms, visit nasbp.org.
NASBP also provides the ConsensusDocs bond forms for download from learn.nasbp.org.

NASBP is an endorsing organization of the ConsensusDocs coalition, an unprecedented effort by 42 industry organizations to identify industry best practices and to incorporate such practices in a new generation of consensus industry standard form documents.