Document number: ECRI-TC-004 Page: 1 of 40 Revised: 4 January 2010 Survey of Standard Form of Contracts for the E&C Industry NOTICE Subject to the disclaimer in the third and fourth sentences of this Notice, this document and its contents may be downloaded, reproduced, modified and adapted by any Sponsor of the Engineering & Construction Risk Institute, Inc. (“ECRI”) for its exclusive use. Other reproduction, dissemination, use or modification of the Web site posting of this document is prohibited without ECRI’s prior written agreement. ECRI, a nonprofit corporation incorporated under the laws of the District of Columbia (“ECRI”), and its directors, officers, employees and advisers make no representations or warranties (express, implied or statutory) with respect to the accuracy or completeness of any information disseminated by ECRI or its suitability for any purpose and assume no responsibility for the content of such information or the consequences of using it, which shall be at the sole risk of its user. ECRI web site references to other organizations or individuals or their publications, programs, information or services does not imply any ECRI endorsement of any kind. ENGINEERING & CONSTRUCTION RISK INSTITUTE Purpose: The purpose of this document is to provide an inventory which shares the ECRI Sponsors knowledge of the standard contract formats used throughout the E&C industry. Introduction: The utilization of an industry standard contract is common practice throughout the world particularly with regard to civil and building works. The standard forms discussed in this document cover contracts used in Australia, Canada, USA, United Kingdom and South Africa. This document can be updates by the Sponsors to provide critique or relevant recommendations. Application: Australia Standards Australia International New South Wales Government Canada Canadian Construction Documents Committee FDIC USA Associated General Contractors American Association of Architects Engineers Joint Contract Documents Committee Associated Owners & Developers Construction Management Association of America Design Build Institute of America Project Services Management Journal United Kingdom Institution of Chemical Engineers New Engineering Contract South Africa South African Institution of Civil Engineers Joint Building Contracts Committee Committee of Land Transport Officials Application: The utilization of an industry standard contract is a decision jointly made by owner and contractor and varies by industry and jurisdiction,
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Document number:
ECRI-TC-004
Page: 1 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
NOTICE Subject to the disclaimer in the third and fourth sentences of this Notice, this document and its contents may be downloaded, reproduced, modified and adapted by any Sponsor of the Engineering & Construction Risk Institute, Inc. (“ECRI”) for its exclusive use. Other reproduction, dissemination, use or modification of the Web site posting of this document is prohibited without ECRI’s prior written agreement. ECRI, a nonprofit corporation incorporated under the laws of the District of Columbia (“ECRI”), and its directors, officers, employees and advisers make no representations or warranties (express, implied or statutory) with respect to the accuracy or completeness of any information disseminated by ECRI or its suitability for any purpose and assume no responsibility for the content of such information or the consequences of using it, which shall be at the sole risk of its user. ECRI web site references to other organizations or individuals or their publications, programs, information or services does not imply any ECRI endorsement of any kind.
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Purpose: The purpose of this document is to provide an inventory which shares the ECRI Sponsors knowledge of the standard contract formats used throughout the E&C industry. Introduction: The utilization of an industry standard contract is common practice throughout the world particularly with regard to civil and building works. The standard forms discussed in this document cover contracts used in Australia, Canada, USA, United Kingdom and South Africa. This document can be updates by the Sponsors to provide critique or relevant recommendations. Application: Australia Standards Australia International New South Wales Government Canada Canadian Construction Documents Committee FDIC USA Associated General Contractors American Association of Architects Engineers Joint Contract Documents Committee Associated Owners & Developers Construction Management Association of America Design Build Institute of America Project Services Management Journal United Kingdom Institution of Chemical Engineers New Engineering Contract South Africa South African Institution of Civil Engineers Joint Building Contracts Committee Committee of Land Transport Officials Application: The utilization of an industry standard contract is a decision jointly made by owner and contractor and varies by industry and jurisdiction,
•
Document number:
ECRI-TC-004
Page: 2 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
Australia Standards Australia
International
AS4000 Australian Standard for Design-Build
Services
Australia SAI AS4122 Australian Standard for Consultancy
Services
Australia New South Wales Government
GC21 (Edition 1) General Conditions of Contract for Design
(to the extent specified) and Construction
Canada CCDC – Canadian
Construction Documents Committee
CCDC2e Stipulated Price Contract
Canada CCDC – CCDC3e Cost Plus Contract
Canada CCDC – CCDC9a Statutory Declaration by Contractor
Canada CCDC – CCDC9B Statutory Declaration by Subcontractor
Canada CCDC – CCDC10e Stipulated Price Bid
Canada CCDC – CCDC11e Contractor’s Qualification
Statement
Canada CCDC – CCDC12e Project Financial Information
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
USA CMAA - Construction Management
Association of America
CMAR-1: Standard Form of Agreement, Owner-
CM
USA CMAA - CMAR-2: Standard Form of Agreement, CM-
Contractor
USA CMAA - CMAR-3: General Conditions, CM-Contractor
USA CMAA - CMAR-4: Standard Form of Agreement, CM-
Designer
USA CMAA - A-1: Standard Form of Agreement between
Owner and CM, CM as Owner’s Agent
USA CMAA - A-2: Standard Form of Agreement between
Owner and Contractor
USA CMAA - A-3: General Conditions between Owner and
Contractor
USA CMAA - A-4: Standard Form of Agreement between Owner and Designer
USA DBIA - Design-Build Institute of
America
520 Standard Form of Preliminary
Agreement Between Owner and Design-
Builder.
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Document number:
ECRI-TC-004
Page: 33 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
USA DBIA - 525 Standard Form of Agreement Between Owner and Design-Builder - Lump Sum
USA DBIA - 530 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus
Fee with an Option for a Guaranteed
Maximum Price
USA DBIA - 535 Standard Form of General Conditions of
Contract Between Owner and Design-
Builder
USA DBIA - 540 Standard Form Of Agreement Between Design-Builder and
Designer
USA DBIA - 550 Standard Form Of Agreement Between Design-Builder and
General Contractor - Cost Plus Fee with an
Option for a Guaranteed Maximum
Price
USA DBIA - 555 Standard Form Of Agreement Between Design-Builder and
General Contractor - Lump Sum
USA DBIA - 560 Standard Form Of Agreement Between
•
Document number:
ECRI-TC-004
Page: 34 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
Design-Builder and Design-Build
Subcontractor - Guaranteed Maximum
Price
USA DBIA - 565 Standard Form Of Agreement Between Design-Builder and
Design-Build Subcontractor - Lump
Sum
USA DBIA - 570 Standard Form Of Agreement Between Design-Builder and
Subcontractor (Where Subcontractor Does Not Provide Design-
Build Services)
USA PSMJ - Project Services
Management Journal
General Contract Design-Build Agreement Between
Owner and Contractor
USA PSMJ - General “Lump Sum” Contract
Agreement for Design/Build Services on a Lump Sum Basis
USA PSMJ General/State Agency Contract
Design-Build Contract Form
Agreement, and the General and
Supplementary Conditions of the
Design-Build Contract
USA PSMJ - Owner- Owner-Design/Builder
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Document number:
ECRI-TC-004
Page: 35 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
Design/Builder Contract
Agreement
USA PSMJ - State/Owner-Design/Builder
Contract
Agreement Between Owner and
Design/Builder
USA PSMJ - Architect-Design/Builder
Contract
Agreement for Architectural Services (Design/Build Project)
USA PSMJ - General Contract Agreement for Design-Build Services
USA PSMJ - General Contract Design-Build Team Agreement
USA PSMJ - General Contract Agreement – Final Design and
Construction
USA PSMJ - General Contract Agreement for Design/Build Services
USA PSMJ - General Contract Design/Build Contract
USA PSMJ - General Contract-Large City
Agreement – Large City
USA PSMJ - General Contract Agreement Form
USA PSMJ Owner-Contractor Owner-Contractor Agreement
USA PSMJ - General Contract Fixed Price Design, Procure and
Construct Agreement
USA PSMJ - Contract Form General Contract – Short Form
USA PSMJ - General Contract State Agreement for Preparation of a
Design-Build Lease
•
Document number:
ECRI-TC-004
Page: 36 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
Competition Proposal
USA PSMJ - General Contract State Design/Build Contract
USA PSMJ General Contract Guaranteed Maximum Sum Contract
USA PSMJ - Agreement Joint Venture Agreement
USA PSMJ - General Contract/ Joint Venture
Design/Build Agreement
USA PSMJ - General Contract/ Joint Venture
Proposal – GMP Design/Build Project Sharing Profits and
Losses
USA PSMJ - Journal General Contract/Guaranteed
Maximum Sum
Design/Build Guaranteed Maximum
Price Contract
USA PSMJ - Form Sample Form/General
USA PSMJ - Agreement Commitment Portion of Design/Build
Agreement Construction Agreement
USA PSMJ Rider Rider to Standard AIA Contract
USA PSMJ Rider Rider - Miscellaneous
USA PMI - Project Management
Institute
N/A No contract standard forms available on
line
•
Document number:
ECRI-TC-004
Page: 37 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
UK Institution for Chemical Engineers
IChemE
The Purple Book Forms of Contract User Guide - Fourth
edition Contents The Preliminaries; General Introduction; Project Management and Contract Strategy; Disputes and disputes resolution; Liability Law – Delays and Defect; Red Book – Lump Sum Contracts; Green Book – Reimbursable Contracts; The Burgundy Book – Target Cost Contracts; Yellow and Brown Books – Sub Contract; Orange Book – Minor Works.
UK IChemE The Beige Book Form of Contract, Rules for Dispute Board, sets out a series of Rules governing the
appointment, duties and general actions of the DRB, to provide a
framework within which it can operate
with confidence.
USA IChemE The Brown Book Form of Contract, Subcontract for Civil Engineering Works
Second edition, includes: A new
clause on related
•
Document number:
ECRI-TC-004
Page: 38 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
issues under main contract; Payment
clauses improved by inclusion of
provisional and prime cost sum A better guidance section
giving more detailed advice on compiling
the contract plus useful pointers on using the general
conditions
UK IChemE The Burgundy Book Form of Contract , Target Cost Contracts - sets out a procedure for arriving at a target
cost that is sufficiently detailed to be used as the basis for effective control during the contract.
UK IChemE The Green Book Form of Contract, Reimbursable
Contracts - Third Edition
Contains a set of general Conditions of contract to enable the user to put together a reimbursable contract
to suit most needs. Also supplied are typical forms of agreement and guarantee and
guidance notes.
•
Document number:
ECRI-TC-004
Page: 39 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry
ENGINEERING & CONSTRUCTION RISK INSTITUTE
Jurisdiction
Form Sponsor
Form Number
Form Name
Available Critique or
Recommended Practices
U.K. NEC - New Engineering
Contract
NEC - ECC The Engineering and Construction Contract The Engineering and
Construction Contract – Options A-F
Option A: Priced contract with activity
schedule Option B: Priced
contract with bill of quantities
Option C: Target contract with activity
schedule Option D: Target
contract with bill of quantities
Option E: Cost reimbursable contract
Option F: Management contract
U.K. NEC - NEC - ECS The Engineering and Construction Subcontract
U.K. NEC NEC - PSC The Professional Services Contract
U.K. NEC NEC – ECSC The Engineering and Construction Short
Contract
U.K. NEC NEC – ECSS The Engineering and Construction Short
Subcontract
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Document number:
ECRI-TC-004
Page: 40 of 40
Revised: 4 January 2010
Survey of Standard Form of Contracts for the E&C Industry