Owner and Constructor Agreement for Public Works - 210

ConsensusDocs 210 is a specialized version of the widely used ConsensusDocs 200 Agreement and General Conditions Between Owner and Constructor, modified to meet the unique legal and procedural requirements of public works construction projects. This contract provides a balanced, standardized framework for public project delivery, tailored to comply with government regulations and procurement policies.

Unlike its private-sector counterpart, ConsensusDocs 210 includes key modifications to address common legal constraints and risk allocation found in public construction contracts. Notably, this agreement eliminates reciprocal indemnification obligations on behalf of the public Owner. Instead, the Constructor—which may be a general contractor, builder, design-bid-builder, or construction manager—agrees to fully indemnify, defend, and hold the Owner harmless against all claims, damages, and liabilities without limitation. This aligns with public agency requirements that typically prohibit indemnity obligations for governmental entities.

In addition to traditional lump sum fixed pricing, ConsensusDocs 210 also provides an optional unit pricing structure, offering flexibility in how compensation is calculated. This is particularly useful in public projects where quantities may vary, or cost predictability is critical.

The contract maintains ConsensusDocs’ commitment to fair risk allocation, collaboration, and clear delineation of responsibilities between parties. It integrates agreement terms and general conditions in a single document to streamline contract administration while ensuring compliance with public sector procurement standards.

ConsensusDocs 210 is ideal for municipalities, school districts, government agencies, and other public project owners seeking a transparent, reliable, and legally sound construction agreement. By offering tailored indemnity language and multiple pricing options, it helps public entities manage construction risk efficiently while promoting accountability and cost control.