ConsensusDOCS Contract Documents Handbook

ConsensusDOCS Contract Documents Handbook by Kevin F. Peartree, Esq., Theodore M. B. Baum, Timothy Boldt, Todd R. Braggins, Matthew D. Brown, Martha A. Connolly, John W. Dreste, Nell M. Hurley, Thomas K. O'Gara

Got Questions? Chat with Us 
Mon - Fri from 9:00 am - 4:30 pm ET.

Share this product:

Hardcover
Price: $325.00

ISBN: 9780735509986
Quantity: Add to Cart
 
 

ConsensusDOCS Contract Documents Handbook is a guidebook to the ConsensusDOCS suite of standard contract document forms. It examines the elements of various ConsensusDOCS standard form contract documents, including an examination of specific contract provisions and the theory underlying the language.

The standard contract document forms cover a variety of project delivery systems: design-build, construction manager at risk and collaborative project delivery. The documents are unique in their creation by a joint effort of the players in various construction endeavors; owners; contractors; subcontractors; etc.

The standard contract document forms establish the relationships between the parties to the construction project:

  • the owner
  • the contractor
  • the surety
  • the subcontractor
  • the design-builder
  • the construction manager

The book offers great value and assistance to attorneys, owners, contractors, subcontractors, designers, design-builders, construction managers, others in the construction industry and educators. This reference analyses topics such as green building, surety and the tri-party agreement for collaborative project delivery.

Formerly published as AGC Contract Documents Handbook, the ConsensusDOCS Contract Documents Handbook provides practical advice to document users on how to manuscript the documents to address project specific issues as well as offer comments on the documents.

Chapter 1. CONSENSUSDOCS 200: STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONSTRUCTOR (LUMP SUM PRICE) - Matthew D. Brown

  • §1.01 Introduction
  • §1.02 Article 1: Agreement
  • §1.03 Article 2: General Provisions
  • §1.04 Article 3: Constructor’s Responsibilities
  • §1.05 Article 4: Owner’s Responsibilities
  • §1.06 Article 5: Subcontracts
  • §1.07 Article 6: Time
  • §1.08 Article 7: Contract Price
  • §1.09 Article 8: Changes
  • §1.10 Article 9: Payment
  • §1.11 Article 10: Indemnity, Insurance and Bonds
  • §1.12 Article 11: Suspension, Notice to Cure, and Termination
  • §1.13 Article 12: Dispute Mitigation and Resolution
  • §1.14 Article 13: Miscellaneous Provisions
  • §1.15 Article 14: Contract Documents
  • §1.16 Conclusion

Chapter 2. CONSENSUSDOCS 240: STANDARD AGREEMENT BETWEEN OWNER AND DESIGN PROFESSIONAL - Theodore M. Baum

  • §2.01 Introduction
  • §2.02 Article 1: Agreement
  • §2.03 Article 2: General Provisions
  • §2.04 Article 3: Design Professional’s Responsibilities
  • §2.05 Article 4: Owner’s Responsibilities
  • §2.06 Article 5: Time
  • §2.07 Article 6: Compensation and Payments
  • §2.08 Article 7: Indemnity and Insurance
  • §2.09 Article 8: Termination
  • §2.10 Article 9: Dispute Mitigation and Resolution
  • §2.11 Article 10: Miscellaneous
  • §2.12 Conclusion

Chapter 3. THE CONSENSUSDOCS SURETY BOND FORMS - Todd R. Braggins

  • §3.01 Introduction—Basic Surety Concepts
  • §3.02 ConsensusDOCS 262: Bid Bond
  • §3.03 ConsensusDOCS 260: Performance Bond
  • §3.04 ConsensusDOCS 261: Payment Bond
  • §3.05 ConsensusDOCS 263:Warranty Bond
  • §3.06 ConsensusDOCS 470 and 471: Design-Build Performance Bonds
  • §3.07 ConsensusDOCS 472 and 473: Design-Build Payment Bonds
  • §3.08 ConsensusDOCS 706: Subcontract Performance Bond
  • §3.09 ConsensusDOCS 707: Subcontract Bond Payment Bond
  • §3.10 Conclusion

Chapter 4. CONSENSUSDOCS 300: STANDARD FORM OF TRI-PARTY AGREEMENT FOR COLLABORATIVE PROJECT DELIVERY - Kevin F. Peartree

  • §4.01 Collaborative Project Delivery
  • §4.02 ConsensusDOCS 300—A Tri-Party Relational Contract
  • §4.03 Article 3: Collaborative Principles
  • §4.04 Article 4: Management by the Management Group
  • §4.05 Article 5: Owner Provided Information
  • §4.06 Development of Design and Collaborative Preconstruction Services
  • §4.07 Article 7: Project Planning and Schedule
  • §4.08 Construction Budget, Cost Modeling, and Construction Control Estimate
  • §4.09 Articles 9 and 10: Designer’s Compensation and Constructor’s Compensation
  • §4.10 Article 11: Incentives and Risk Sharing
  • §4.11 Other Elements of ConsensusDOCS 300
  • §4.12 Conclusion

Chapter 5. CONSENSUSDOCS 310: GREEN BUILDING ADDENDUM - Nell M. Hurley

  • §5.01 Introduction
  • §5.02 Article 1: General Principles
  • §5.03 Article 2: Definitions
  • §5.04 Article 3: Green Requirements and Procedures
  • §5.05 Article 4: Green Building Facilitator
  • §5.06 Article 5: Green Status
  • §5.07 Article 6: Green Measures
  • §5.08 Article 7: Plans and Specifications
  • §5.09 Article 8: Risk Allocation
  • §5.10 Conclusion

Chapter 6. CONSENSUSDOCS 410: STANDARD FORM OF AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN BUILDER - Timothy D. Boldt

  • §6.01 Introduction
  • §6.02 Article1: Agreement
  • §6.03 Article 2: General Provisions
  • §6.04 Article 3: Design-Builder's Responsibilities
  • §6.05 Article 4: Owner's Responsibilities
  • §6.06 Article 5: Subcontracts
  • §6.07 Article 6: Time
  • §6.08 Article 7: Compensation
  • §6.09 Article 8: Cost of the Work
  • §6.10 Article 9: Changes in the Work
  • §6.11 Article 10: Payment for Construction Phase Services
  • §6.12 Article 11: Indemnity, Insurance, and Waiver of Subrogation
  • §6.13 Article 12: Suspension and Termination of the Agreement and Owner's Right to Perform Design-Builder's Responsibilities
  • §6.14 Dispute Resolution
  • §6.15 Article 14: Miscellaneous Provisions
  • §6.16 Article 15: Existing Contract Documents
  • §6.17 Conclusion

Chapter 7. AGC DOCUMENT NO. 500: STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONSTRUCTION MANAGER (WHERE THE CM IS AT-RISK) - John W. Dreste

  • §7.01 Introduction
  • §7.02 Article 2: General Provisions
  • §7.03 Article 3: Construction Manager’s Responsibilities
  • §7.04 Article 4: Owner’s Responsibilities
  • §7.05 Article 5: Subcontracts
  • §7.06 Article 6: Time
  • §7.07 Article 7: Compensation and Guaranteed Maximum Price
  • §7.08 Article 8: Cost of the Work
  • §7.09 Article 9: Changes
  • §7.10 Article 10: Payment
  • §7.11 Article 11: Indemnity, Insurance, and Bonds
  • §7.12 Article 12: Suspension, Notice To Cure, and Termination
  • §7.13 Article 13: Dispute Mitigation And Resolution
  • §7.14 Article 15: Contract Documents
  • §7.15 Conclusion

Chapter 8. CONSENSUSDOCS 750: SUBCONTRACT AGREEMENT - Martha A. Connolly

  • §8.01 Introduction
  • §8.02 Article 1: Agreement
  • §8.03 Article 2: Scope of Work
  • §8.04 Article 3: Subcontractor’s Responsibilities
  • §8.05 Article 4: Constructor’s Responsibilities
  • §8.06 Article 5: Progress Schedule
  • §8.07 Article 6: Subcontract Amount
  • §8.08 Article 7: Changes
  • §8.09 Article 8: Payment
  • §8.10 Article 9: Indemnity, Insurance and Bonds
  • §8.11 Article 10: Suspension, Notice to Cure, and Termination
  • §8.12 Article 11: Dispute Mitigation and Resolution
  • §8.13 Article 12: Miscellaneous
  • §8.14 Article 13: Subcontract Documents
  • §8.15 Conclusion

Chapter 9. AGC DOCUMENT NO. 801: STANDARD OWNDER AND CONSTRUCTION MANAGER AGREEMENT (WHERE THE CONSTRUCTION MANAGER IS THE OWNER’S AGENT AND ENTERS INTO TRADE CONTRACTS) - John W. Dreste

  • §9.01 Introduction
  • §9.02 Article 2: Relationship of Parties and Extent of Agreement
  • §9.03 Article 3: Construction Manager’s Services
  • §9.04 Article 4: Owner’s Responsibilities
  • §9.05 Article 5: Trade Contracts
  • §9.06 Article 6: Warranty and Correction of Incidental Construction
  • §9.07 Article 7: Construction Manager’s Compensation
  • §9.08 Article 8: Reimbursable Costs
  • §9.09 Article 9: Payments to the Construction Manager
  • §9.10 Article 10: Indemnity, Insurance and Waivers
  • §9.11 Article 11: Suspension, Termination of Agreement and Owner’s Right to Perform Construction Manager’s Obligations
  • §9.12 Article 12: Dispute Mitigation and Resolution
  • §9.13 Article 13: Miscellaneous Provisions
  • §9.14 Article 14: Contract Documents
  • §9.15 Conclusion

No Image
Kevin F. Peartree, Esq.

Kevin F. Peartree is a partner in the law firm of Ernstrom & Dreste LLP. Mr. Peartree represents clients in the areas of construction contract law, suretyship, and other areas relating to the construction industry. Mr. Peartree has been very active in the Associated General Contractors of America (“AGC”) and previously served as outside counsel for the Contract Documents Committee. He was a principal participant in the drafting of the new ConsensusDOCS standard form contract documents published in 2007 and was one of the principal drafters of ConsensusDOCS 300, Standard Form of Tri-Party Agreement for Collaborative Project Delivery. Mr. Peartree was involved in the drafting of the 1999 edition of the AGC design-build standard form contract documents as well as the revision and drafting of the AGC’s standard form owner-contractor agreements, joint venture agreement, owner’s representative agreement and various other administrative forms.

Mr. Peartree co-edited the AGC Contract Documents published in 2003 by Aspen Publishing, for which he co-wrote the chapter on AGC Design-Build Document No. 410, and contributed numerous chapters for subsequent annual supplements. He has written for and given presentations around the country on the topics of integrated project delivery, risk management, contract documents, ConsensusDOCS, the AIA contracts, project delivery systems, design-build, insurance, surety topics, the and the New York Lien Law. He has spoken before a number of industry groups including the American Bar Association Forum on the Construction Industry, the International Risk Management Institute, The Associated General Contractors of America, and the Construction Specifications Institute. Mr. Peartree has also written and lectured on insurance and surety topics for the American Bar Association Forum on the Construction Industry and the ABA Fidelity and Surety Committee Newsletter.

Mr. Peartree received his bachelor's degree from the University of Notre Dame and received his law degree from Albany Law School of Union University.


No Image
Theodore M. B. Baum

Theodore M. B. Baum is a partner resident in the Rochester, New York law office of Ernstrom & Dreste, LLP. Mr. Baum concentrates his practice in construction and surety law, and by any measure spends no less than 85% of his professional time handling construction related issues. A trial and appellate attorney, he represents contractors, sureties, subcontractors, suppliers, and both private and municipal owners in connection with litigation and alternate dispute resolution stemming from construction projects disputes. He also serves as a neutral for both mediations and arbitrations, and is a member of the Construction Industry Panel of Arbitrators for the American Arbitration Association. Among his contributions to many publications, Mr. Baum served as Editor of the 2006 American Bar Association’s Performance Bond Manual and has authored articles for the ABA Fidelity & Surety Law Committee Newsletter. He has also been a frequent speaker at many industry associations such as the Joint Meeting of the Fidelity and Surety Law Committee and the Forum on the Construction Industry, the National Association of Independent Sureties, the National Bond Claims Association, the Construction Financial Management Association and the Construction Specifications Institute. Mr. Baum was graduated from the University of Rochester and earned his law degree from Albany Law School of Union University. Mr. Baum is a former Vice-Chair of the Fidelity and Surety Law Committee of the TTIPS section of the American Bar Association, a member of the ABA’s Forum on the Construction Industry, the National Bond Claims Association, and a Board Member of the Greater Rochester Chapter of the Construction Financial Management Association.


No Image
Timothy Boldt

Timothy D. Boldt is a partner at Ernstrom & Dreste in Rochester, New York. Mr. Boldt is an experienced commercial litigator and counselor, focusing on the unique needs of sureties, contractors, subcontractors, and construction managers. Mr. Boldt works with clients through all aspects of dispute resolution, including analysis of complex contractual and statutory claims procedures, informal and formal mediation, arbitration and litigation. His practice also includes advising clients with respect to all matters impacting construction companies, including general risk management, pre-award contract analysis, statutory and regulatory compliance, change order issues and claims handling, contract interpretation and collection/judgment enforcement issues. Mr. Boldt co-authored the New York chapter of the American Bar Association’s Payment Bond Manual, Third Edition, and has been published in the ABA Fidelity & Surety Law Committee’s Newsletter. He is a member of the American Bar Association’s Tort, Trial and Insurance Practice Section and the Forum on the Construction Industry. Mr. Boldt received his Bachelor of Science from Nazareth College of Rochester and his law degree from the University at Buffalo Law School-State University of New York.


No Image
Todd R. Braggins

Todd R. Braggins is a partner in the Rochester, New York law firm of Ernstrom & Dreste, LLP, where he focuses his practice in the fields of surety and construction law. In addition to his trial and appellate practice, Mr. Braggins counsels clients in all areas impacting the surety and construction industries. He has lectured and presented seminars on a variety of topics impacting the surety and construction industries, including mechanic’s lien law, construction claims, payment and performance bond issues encountered by contractors, subcontractors and owners, surety bonding, performance bond forms and surety claims analysis. Mr. Braggins has written on wide range of industry topics, including joint ventures in construction and financing the bonded principal. In addition, he was a Co-Editor and Contributing Author of the ABA “Payment Bond Manual, Third Edition,” 2006. Mr. Braggins is an active member in legal, construction and surety industry associations, including the ABA’s Tort, Trial & Insurance Practice Section and its Fidelity and Surety Law Committee, the Forum on the Construction Industry, the National Bond Claims Association, the Surety Claims Institute and the Chicago, Atlanta and Philadelphia Surety Claims Associations. Mr. Braggins currently serves as a Newsletter Vice-Chair and Surety Features Editor for the ABA’s Fidelity and Surety Law Committee Newsletter. An honors graduate of Harpur College of Binghamton University, Mr. Braggins earned his law degree at The American University’s Washington College of Law.


No Image
Matthew D. Brown

Matthew D. Brown is an associate attorney in the Rochester, New York office of Ernstrom & Dreste, LLP. An experienced trial and appellate lawyer, Mr. Brown concentrates his practice in construction and surety law, representing contractors and sureties in all aspects of litigation, mediation, and arbitration related to both public and private construction projects. Mr. Brown’s extensive litigation experience includes three years service as an attorney in the U.S. Army JAG Corps and several years as a municipal attorney for the City of Rochester, where he was a skilled advocate in employment and labor matters as well as commercial litigation. Mr. Brown received his law degree from the Georgetown University Law Center and his undergraduate degree from the State University of New York at New Paltz.


No Image
Martha A. Connolly

Martha A. Connolly is a partner in the Rochester, New York based law firm of Ernstrom & Dreste, LLP, where she has focused her practice on construction law and commercial litigation for more than 20 years. Ms. Connolly represents contractors, subcontractors, suppliers and sureties in relation to all of their construction industry needs, including contract drafting and negotiation, risk management, and the litigation, mediation and arbitration of claims. She has served as both trial and appellate counsel on numerous construction and surety related matters. Ms. Connolly has authored articles and conducted lectures on a variety of topics relating to the construction industry, including mechanic’s lien law strategies and the fundamentals of construction contracts. Ms. Connolly is a member of the American Bar Association and a member of the Tort and Insurance Practice Section and the Forum on the Construction Industry. She is a graduate of the University of Rochester and received her Juris Doctor from Albany Law School of Union University.


No Image
John W. Dreste

John W. Dreste is a founding partner in the Rochester, New York office of Ernstrom & Dreste, LLP and concentrates his practice on complex commercial contract litigation, largely focusing on the fields of construction contract law, suretyship, fidelity, environmental law and other areas impacting the surety, fidelity and construction industries. Mr. Dreste has over 25 years of experience in construction industry claims analysis and investigation as well as negotiation, mediation and arbitration to achieve resolution. Mr. Dreste also serves as a mediator and arbitrator through the American Arbitration Association in construction industry disputes. Mr. Dreste regularly counsels clients with contractor work-outs and otherwise "troubleshoots" potential defaults or claim situations, including those involving environmental issues. Mr. Dreste has lectured and authored numerous articles pertinent to the construction and surety industries.

Mr. Dreste is admitted to practice before all state and federal courts in New York, the U.S. Court of Federal Claims and the Second and Fifth Circuit Courts of Appeal. He is active in the American Bar Association including the Construction Litigation Committee, Litigation Section; Public Contract Law Section; Fidelity and Surety Law Committee of the Tort and Insurance Practice Section and Toxic and Hazardous Substances and Environmental Law Committee, Tort, Trial & Insurance Practice Section and the Forum on the Construction Industry. Mr. Dreste also belongs to the National Bond Claims Association. Mr. Dreste is a graduate of Rochester Institute of Technology and earned his law degree at State University of New York at Buffalo.


No Image
Nell M. Hurley

Nell M. Hurley is Of Counsel to Ernstrom & Dreste in Rochester, New York. Ms. Hurley is an experienced commercial litigation attorney who maintains a construction and surety law practice representing contractors, owners, construction managers, and sureties. She has counseled and represented construction industry participants in all aspects of bond and contract-related issues, including pre-construction advisement, bid issues, claim preservation, assertion, negotiation, litigation, alternative dispute resolution, and appeals. She has authored articles and lectured on construction and surety industry issues. Ms. Hurley received her law degree from Albany Law School of Union University and her Bachelor of Arts degree, with honors, from St. Lawrence University. She is admitted to practice law in New York’s state and federal courts and the U.S. Bankruptcy Court, Western District of New York.


No Image
Thomas K. O'Gara

Thomas K. O’Gara is an associate attorney at Ernstrom & Dreste, LLP in Rochester, New York. Mr. O’Gara concentrates his practice in commercial litigation with a concentration in construction and surety law. Mr. O’Gara works with construction and surety industry clients in all aspects of litigation and alternate dispute resolution advocacy, as well as pre-claim counseling and contract negotiation. Mr. O’Gara received his law degree from Albany Law School of Union University, cum laude, and is an honors graduate of Siena College.