Changes To ConsensusDocs Come 2 Years Early
On March 3, 2011
By Scott Wolfe Jr
| Email This |  Comments |
 Print
|
 Trackbacks |
Engineering News Record (ENR) (among other publications, including my good friend Chris Hill’s Construction Law Musings Blog) recently reported that the construction contract documents published by ConsensusDOCS were substantially updated.
The update comes just a little over three years since the launch of the ConsensusDOCS program, which is a collaboration of organizations who publish a set of construction documents to rival the industry-leading AIA forms. These updates are actually two years early. They weren’t due until 2013, but were updated early according to the group because “the economics of the construction industry today looks nothing like it did [in 2007]”
So, what’s new?
According to an analysis by ENR.com, here are some of the changes:
- A change in terminology. “Constructor” replaces “contractor” and “design professional” replaces “architect.”
- An objective “standard of care” is added to the documents.
- Greater flexibility to provide documents in electronic format. For a great discussion about going paperless on a construction project, take a look at this article by Matthew DeVries on his Best Practices Construction Law Blog: Paper to Paperless on the Modern Construction Project.
- Contract documents are better defined.
- Property owner can audit construction books, and subcontractor can get finanical information from the owner.
- Erroneous constructor termination for cause changes to a “termination for convenience.”
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
