CONSTRUCTION CONTRACT REVIEW: Form Standards And Considerations

At Nexsen Pruet, we frequently review construction contracts and address concerns and questions about them. We negotiate, review, and customize contracts on everything from standard industry agreements—generally comprising tried and true, familiar clauses—to one-off agreements for large multi-party arrangements for the design, procurement, and construction management of large commercial, industrial, or institutional projects.

With industry standard forms, the first consideration is which forms to use. The most familiar and most commonly-used forms are promulgated by the American Institute of Architects (designated by the form number and publication year, like A102-2017) and by the Engineers Joint Contract Documents Committee (EJCDC), a collaboration of the National Society of Professional Engineers, the American Council of Engineering Companies, and the American Society of Civil Engineers. A more recent collaboration that publishes families of construction