Project Histories and Testimonials

“Although the reality of the marketplace continues to limit the ability of most contractors and subcontractors to effectively negotiate changes in the form contracts, ConsensusDOCS offers the industry a more effective way to fairly allocate the risks and thereby reduce the number of claims arising from a project. ConsensusDOCS offer the industry the best opportunity for a project to be completed on time and on budget, an outcome that benefits everyone on the project rather than just one stakeholder.”

James T. Yand, Stafford Frey Cooper, Seattle, WA

“The Capital Park Family Health Center project represents a real construction achievement. The ConsensusDOCS contract documents were ideal for this project, because they facilitate the best project management and business principles in the construction industry — practices like how to develop the project schedule, coordinate work and ensure all parties complete their work on time and are paid on time.”

ASA General Counsel Donald Gregory, Esq., Kegler, Brown, Hill & Ritter

“Heart of Ohio Family Health Centers employed the industry-endorsed ConsensusDOCS contracts to efficiently assemble and lead a design and construction team that delivered a cutting-edge, dispute-free project for us and for the community. We are proud of how the whole construction team used these documents to deliver this extraordinary project.”

Joy Parker, RN, CEO, Capital Park Family Health Center

“GLB is a design-build development and construction firm providing services from project concept to building turnover. In switching to the ConsensusDOCS products we found the contracts best represented how we do business as well as the parties involved in our projects. Throughout the transition we have found ConsensusDOCS’ staff and support to be efficient and effective. ConsensusDOCS supports all of our efforts throughout our processes and we are extremely pleased with the ConsensusDOCS products.”

Michael C. Bogna, Vice President Construction, G.L. Bruno Associates, Fresno, CA

“This is the first real attempt to devise purchasing terms that are fair and reasonable for all parties, and ConsensusDOCS hit a home run on the first try. These documents will greatly streamline the contracting process for municipal projects and provide Buyers at all tiers with the most accurate pricing.”

James E. Brown, General Counsel, Degremont Technologies North America, Richmond, VA

“Great Recession or no Great Recession, ConsensusDOCS is the vehicle for a much-needed change. Having to comb through lengthy, unfamiliar contract documents possibly containing egregious terms isn’t a good way of doing business for anyone. I can personally attest to the effectiveness of ConsensusDOCS, having been in the enviable position of accepting a ConsensusDOCS 750 subcontract agreement offered by a general contractor. The project was very successful. And I’m not alone. ConsensusDOCS success stories are becoming common.”

Timmy McLaughlin, Austin Construction Company Inc., Summerville, S.C., 2010-11 ASA President

“ACCA joined ConsensusDOCS to give our members access to a large number of contracts that have been created and reviewed by experts in the construction industry to make them fair for all parties involved. While each of these documents should be reviewed by the contractor and their legal counsel before using them, this library gives contractors a solid starting point to work from, making the process easier.”

Hilary Atkins, ACCA’s General Counsel, Senior Vice President of Finance & Administration

“NAWIC is excited to join 31 other design and construction industry associations in creating best practice documents to assist our members and better our industry as a whole. NAWIC members will benefit greatly not only from the member discounts they will receive on ConsensusDOCS, but more importantly through having an active voice in the contract document creation process.”

Dede Hughes, Executive Vice President of NAWIC

“I have been preparing construction contract documents for over 15 years, using so-called “standard” forms as well as custom forms developed for particular clients. I am a big fan of the ConsensusDOCS approach to contracting, because they start from a place of balance between the respective parties, and place the needs of the project above the needs of any one party. This means that the parties to the contract begin from a much less adversarial posture. This approach leads to more communication and collaboration during construction. My clients report that they have had success using these documents and that they will continue using them.”

Jeremy Vermilyea, Bullivant Houser Bailey, PC, Portland, Oregon

“The difficult economic climate has underscored the importance of carefully-crafted, industry-accepted standard form documents. In such a climate, some parties may try to overreach on terms and conditions, adopting a short-term, and hopefully, short-lived strategy that ultimately is counterproductive to their interests. ConsensusDOCS forms demonstrate the contract practices that fairly balance interests, benefitting construction projects and participants. Such a resource is invaluable to the construction industry. NASBP believes that the new agreement form editions come at an opportune time to expedite and stabilize industry transactions.”

Mark H. McCallum, CEO, National Association of Surety Bond Producers (NASBP)

“As a supporter of ConsensusDOCS, PHCC is looking forward to the availability of these new documents that will provide additional tools for subcontractors to negotiate fair contracts. We are pleased to be part of this diverse and growing industry coalition that protects the best interests of the entire project by incorporating best practices and properly allocating risk.”

Gerry Kennedy, EVP, Plumbing-Heating-Cooling Contractors—National Association (PHCC)

“Contract documents can’t reflect industry wide consensus when they’re updated on an inflexible timetable— industry practices, needs and opinions change faster than that,” said American Subcontractors Association Executive Vice President E. Colette Nelson, Alexandria, Va. “The ConsensusDOCS coalition created and follows procedures that encourage documents to be changed and adopted as needs arise. One revision, for example, provides subcontractors with additional assurances about the sureties that may underwrite payment bonds on projects. With project financing and economic conditions so different than they were in 2007, when the initial ConsensusDOCS documents were released, that additional assurance is very valuable.”

Colette Nelson, EVP, American Subcontractors Association, Inc. (ASA)

“Contractors and Owners distinguish themselves in today’s market by using ConsensusDOCS contracts because they are focused on achieving better project results. AGC proudly endorses ConsensusDOCS because fair contracts advance our industry.”

Stephen Sandherr, CEO, The Associated General Contractors of America (AGC)

“Over seven years ago, COAA and several other construction organizations began a process to develop a set of model contract documents that fairly apportioned risk, represented industry best practices, and made owners an active participant in crucial decisions in project execution. The new documents released today continue to build upon this ground-breaking heritage. As the largest organization of construction project owners in the country, COAA is pleased to announce its continued endorsement of these new and updated ConsensusDOCS.

These innovative documents are the result of months and years of review and negotiations with other significant partners in the construction process. Given today’s emphasis on collaboration and creating an environment of inclusiveness in projects, it is significant to note that these documents are the result of drafting sessions open to all ConsensusDOCS organizations and other industry experts. These robust exchanges of positions evolved into the equitable risk and responsibility allocations contained in the contract language released today. All members of the capital project team can be confident that ConsensusDOCS provides a thoughtfully considered, balanced and fair framework for a successful project.”

Theodore (Ted) E. Argyle, Esq., Chief Civil Deputy Prosecuting Attorney, Ada County Prosecutor’s Office, an Owner who represents the Construction Owners Association of America (COAA) and currently serves as Chair of the ConsensusDOCS Drafting Council

“The American Society of Professional Estimators (ASPE) has joined other construction industry organizations as an endorser of the ConsensusDOCS family of construction contracts. Members of ASPE have a deeply rooted interest in promoting the principles of fairness, consistency, and “Best Practices” that are reflected in the ConsensusDOCS contracts that have been drafted with these goals in mind.

ASPE members prepare construction cost estimates as employees or consultants for General Contractors, Subcontractors, Owners, Architects, Engineers, GL Insurance Carriers, Sureties, and other parties needing not only the quantification and pricing of the work involved in a project, but the assessment and evaluation of their employer or client’s risk exposure.

When contracts contain language that makes it transparent or easier to foresee the manner in which situations involving risk to one or more of the parties will be handled, this increases the comfort level of the parties, and leads to greater predictability and better management of projects to their conclusion. The natural consequence of this is more efficient and cost effective execution of the work, and in the long run a more economical outcome that benefits the project owner.

ASPE looks forward to the opportunity to make use of the new release of ConsensusDOCS contracts being made available on January 19, 2011. We also look forward to making ongoing contributions to the future development, refinement and promotion of Construction Industry Documents and Practices that will benefit not only the Construction Industry, but will in its own way contribute to more economical execution of both Public and Private construction projects.”

Robert H. Pratt, FCPE, VP and Principal, Demand Construction Services, Inc., representative of The American Society of Professional Estimators (ASPE)

“ConsensusDOCS provides the opportunity for the construction industry to dialogue on fair practices with respect to contractual documentation. It has been encouraging to see the growth of participation by trade and professional associations supporting this effort to advance a level playing field. As the brand of ConsensusDOCS grows the impact on profitability for all partners within the construction process will improve.”

Jerry S. Heppes Sr., CAE, CEO, Door and Hardware Institute (DHI)

“Rather than wait 10 years to react, the 2011 comprehensive update puts ConsensusDOCS ahead of the curve. Today’s construction industry looks almost nothing like it did in 2007. The practical expertise of an expanded coalition effort brought new ideas and actively listened to outside feedback to make the best standard contracts even better.”

Brian Perlberg, ED, ConsensusDOCS

“This idea is a complete breath of fresh air. Frequently we see contracts written by both engineers and other professionals, inexperienced in our specific industry. These types of contracts make bidding a challenging prospect for drillers and consultants alike, as it happens to both of us. The inevitable outcome, all too often, is that owners pay more for less. I’d like to think the contracts we draft have improved over the years, in no small measure due to constructive criticism from our friends in the drilling industry. Kudos to NGWA and ConsensusDOCS for taking on this important issue. Thanks!”

Mark Eisner, P.G., Advanced Land and Water, Inc., Sykesville, MD

“The size and magnitude of a 1.5 million dollar project, with 20 Subcontractors and a very aggressive schedule, broadcasts the need for organization and a speedy method in getting contracts out the door to the Owner and Subcontractors. ConsensusDOCS delivers and takes the guesswork out of contracting a project! We appreciate the user friendly documents and the ability to save the exact contract that was sent to our subcontractors. The easy to read and understand language used throughout each document we use is a huge plus. We can’t imagine doing a project without ConsensusDOCS!”

“As the Construction Program Manager of Habitat for Humanity, Key West and Florida Keys, I have written several contracts and am impressed with the ease of use and adequacy of the documents. I have found ConsensusDOCS documents to be ‘top drawer’, readily recognized and accepted, and much more appropriate for affiliate use than the AIA documents.”

Niels Hubbell, Construction Program Manager, Habitat for Humanity, Key West and Florida Keys

“When the federal government made a grant under the stimulus package for a much needed community health center, time was of the essence. A design-build methodology was selected and the project team elected to utilize ConsensusDOCS at all levels of the project to ensure fair and uniform contract documents in the best interests of this fast moving job.”

Donald W. Gregory, Esq., Director, Kegler, Brown, Hill & Ritter, LPA, Columbus, OH

“Use of accepted industry standard form agreements like those developed by ConsensusDOCS™ provides assurance to project parties that the provisions are fair and balanced and do not pose an unreasonable assumption of risk. In this way, they expedite construction transactions. ConsensusDOCS™ forms are the product of an inclusive development process that follows a tried and true model for construction projects—communicating and aligning party interests to achieve successful results.”

Mark H. McCallum, chief executive officer of the National Association of the Surety Bond Producers (NASBP)

“On the 720 Oak project, our subcontractors and suppliers were all Builders’ Association and Kansas City Chapter, AGC members. With ConsensusDOCS, they could be assured of documents that were fair, balanced, and reflective of industry–accepted best practices. The completeness of the ConsensusDOCS suite of agreements expedited all facets of the contracting process and provided for a more equitable sharing of the risk, which can otherwise negatively affect project cost. We also appreciated the ease and simplicity of the ConsensusDOCS system online.”

August L. Huber, III, CEO, A.L. Huber General Contractor

“The construction team used 3D modeling as the primary method of mechanical, electrical, plumbing, and fire suppression system coordination. As the Construction Manager, we needed a way to organize and legitimize the modeling process. Even though the BIM Addendum assumes that the project owner, architect, and contractor will partner in the modeling process, it was easily adaptable to our situation. The ConsensusDOCS 301 provided the right guidance in drafting an agreement between Clancy & Theys and our specialty contractors for the 3D coordination effort.”

Harry L. McKinney, Jr, DBIA, AIA – Virtual Design Construction Manager

“Thanks to ConsensusDOCS for providing a framework for all of our construction contracting needs. We use the ConsensusDOC documents for all of our private and public projects and feel they are more than adequate to communicate the project at hand to our owners and subcontractors.”

Todd Hess, President, Todd Hess Building Co., Portland,OR

“Since this was a tax savings project, each Trade Contractor needed to have a Contract directly with the Owner. Blank copies of the ConsensusDOCS documents for Contractors were provided to the City’s legal team, the City Council and Project Architect to review. All parties agreed that the ConsensusDOCS documents filled the gaps in documents available through the City’s legal team.”

“The primary and very practical benefit of ConsensusDOCS is that these model documents greatly facilitate the negotiation process between prime and specialty contractors. Given the breadth of participants involved, representing the owner and construction trade association communities, the legitimate concerns of all stakeholders have been addressed with an acknowledged goal of equitably sharing the risks of an inherently risky endeavor.”

Carole L. Bionda, Vice President, NOVA Group

“ConsensusDOCS benefit state owners by serving as another reference to use when developing project documents. By incorporating new sections, such as the BIM Addendum, ConsensusDOCS stay current and relevant for owners.”

Hope Davis, Past President, National Association of State Facility Administrators (NASFA)

“Now that Owners have a choice written by Owners, I predict that they will turn to ConsensusDOCS contracts, in particular the ConsensusDOCS 300 Tri-Party Agreement to break the mold and obtain the better project results that Owners demand.”

Ricardo Aparicio, Esq., AIA, past president of Construction Users Roundtable (CURT) and senior counsel to General Electric

“This unique design-build project brought in the owners, architect, general contractor and major trades in the early stages. The theory was that a collaborative team effort would achieve the best results. ConsensusDOCS were created through a collaborative industry effort and support this very type of project better than other Standard Agreements and General Condition contracts available.” Jim Slack, Jr., President, Slack & Co. Contracting, Inc.

“I recommend ConsensusDOCS to my clients – Owners, General Contractors, and Subcontractors, alike – as a better alternative to other standard industry forms and far more fair and balanced than most custom forms. ConsensusDOCS truly do advance the best interests of the project, rather than the best interests of a single participant.”

Philip E. Beck, Esq., partner, Smith, Currie & Hancock LLP

“ConsensusDOCS reflect the future of the industry, where you have the owner, contractor or construction manager and design team working together in a collaborative environment to deliver the best possible project at a cost-effective price. The documents contain language that tends to make a project work that way.”

Terry Wooding, executive vice president of Petra Construction Corp.

“I’ve reviewed more ConsensusDOCS subcontracts in the last year than I’ve seen other standard form subcontracts in my entire career.”

David R. Hendrick, Esq. of Hendrick Phillips Salzman & Flatt PC

“The ConsensusDOCS 205 was an easy choice for this project due to its simplicity and straightforward approach. WAR has been previously involved in several similar projects on the same fast track schedule with a reputation for success. Variables such as the basic schedule, work items and budget for this type of project were known, combined with our strong, working relationships with key subcontractors; ConsensusDOCS was the most direct and comfortable fit available to work with the Owner on this project.”

“One of the biggest concerns contractors and others have about using building information modeling is the fear that the legal framework is too unsettled. Thanks to ConsensusDOCS, that concern can now be put to rest.”

Richard H. Lowe, Esq., partner at Duane Morris LLP

“We have been using the Design-Build ConsensusDOCS for our owner and designer agreements since their introduction. We have made a few suggestions for improvements which were subsequently incorporated into the standard documents. We have found the documents to allocate risk fairly and address the issues comprehensively and so have our owners and designers.”

Tim C. Seibert, P.E., President, Carl A. Nelson & Company

“We are pleased to have supported and endorsed this valiant industry effort. For once the industry has come together in a truly collaborative way to create value for all the stakeholders.”

Greg Sizemore, executive vice president of the Construction Users Roundtable (CURT)

“This project included a basic reworking of an existing house that had been used by various fraternities and sororities as a temporary living facility. WAR worked with the Owner to determine the key items that needed to be updated or renovated. Use of ConsensusDOCS Form No. 205 made sense due to the detailed list of work items and hands-on approach used by WAR to uncover all work items prior to contracting with the subcontractors.”

“This project also has the possibility of unknown factors in the existing structure so the use of the ConsensusDOCS No. 510 just made good sense. This document provides for the possibility of the unknown and provides a clearly defined and mutually agreed upon solution for how to work through these items. This document also clearly defined the subcontracting method for all interested parties to review prior to the bid of the project.”

“The prime benefit of ConsensusDOCS is it moves to a more balanced approach. One owner at a time making the industry aware of the documents is key. The real emphasis here is a consensus built among contractors, subcontractors, owners and designers who have had input into a document contract. No one party walks away with everything they thought important.”

Eric Hedlund, senior vice president and Arizona district manager for Sundt Construction

“BIM is transforming the construction process and the ConsensusDOCS BIM Addendum provides a balanced approach for all parties, including design professionals, to implement and facilitate the adoption of BIM.”

Davis Chauviere, AIA, principal and chief information officer of HKS, Inc.

“From the beginning of the design-build process, WAR was informed that this project may or may not proceed to construction. Using ConsensusDOCS made us feel comfortable knowing that if there were any issues regarding ownership of the designs, that we had the documents and the American Arbitration Association on our side. This project never made it to the construction phase; however, with the use of ConsensusDOCS, we were able to retain ownership of the designs presented to the Owner using our team of consultants and receive payment for services rendered through the design phase of this project.”

Notable Comments: “In general, I think ConsensusDOCS helps take the guesswork out of contracting a project. Having the readily available list of organizations that worked together to create these documents has also been a great foundation (and selling point) for use of ConsensusDOCS on various projects – you can’t argue with a comprehensive, across the construction industry list like that!”

“Of all the industry forms available, ConsensusDOCS is by far the most balanced substantively, and is powered by the easiest software to use for accurately tracking multiple revisions.”

Kimberly A. Hurtado, Esq., managing shareholder, Hurtado, S.C.

“SMACNA is pleased to have been a partner in the development of the ConsensusDOCS. We are particularly satisfied with the more favorable payment, indemnity and consequential damages clauses agreed to in the subcontract form, ConsensusDOCS 750.”

Thomas J. Soles, marketing director at the Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA)

“This project is being completed in various phases with the possibility of unknown factors in the existing structure, so use of the ConsensusDOCS 510 just made good sense. The 510 provides for the possibility of the unknown, as well as a clearly defined and mutually agreed upon solution for how to work through these items. The 510 also clearly defined the subcontracting method for all parties to review prior to project bidding.”

“The release of ConsensusDOCS is one of the most significant industry developments in the last 20 years. AGC took a leadership role to improve the industry through transforming its use of standard contract documents by working in collaboration with other leading construction associations.”

Stephen E. Sandherr, chief executive officer of The Associated General Contractors of America (AGC of America)

“ConsensusDOCS is about much more than just producing model documents — it’s about changing the way that the construction industry thinks about contracts and contract negotiation. The question is: Where should negotiations start? The ConsensusDOCS documents are a good answer for contractors and subcontractors. Early on, ConsensusDOCS made a decision that its process for developing contract language for the industry would be transparent and inclusive and their collaborative approach may also inspire others to re-think the old, stereotyped ‘push risk to the weakest party’ approach to negotiating contracts.”

E. Colette Nelson, executive vice president of the American Subcontractors Association Inc. (ASA) and chair of the ConsensusDOCS Business and Marketing Advisory Council