ConsensusDocs

ConsensusDocs was founded in 2007 under the leadership of twenty organizations in the architecture, engineering, and construction (A/E/C) industry, with one goal in mind: to help the industry build a better way by developing contracts that protect the best interests of the project. In order to do so, the ConsensusDocs Coalition created a process dependent upon — trust, collaboration, and innovation.

As the A/E/C industry evolves, the ConsensusDocs Coalition continues to create working groups to meet the industry’s contract needs. In these working groups industry professionals come together to discuss current trends and best practices in order to develop contracts that are relevant and useful. Through numerous virtual and in person meetings, working group members are given the opportunity to express their positions regarding the contract topic and provide bases for such positions. Over the course of these discussions a document —that represents all voices from the A/E/C industry—is drafted. Once a completed draft has been developed, the document is sent to the Contract Content Advisory Council for approval. Once the council has reviewed and approved the document, the ConsensusDocs Executive Director distributes the Proposed Document to the ConsensusDocs Endorsing Organizations. After the Proposed Document has been approved by the Endorsing Organizations it is published for use.

Why ConsensusDocs

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Air Conditioning Contractors of America (ACCA)

ACCA is a non-profit association serving more than 60,000 professionals and 4,000 businesses in the HVACR community, working together to promote professional contracting, energy efficiency, and healthy, comfortable indoor environments. Our roots stretch back to the early part of the 20th century, and the organization was incorporated in its present form over 40 years ago. ACCA is the only nationwide organization of, by and for the small businesses that design, install and maintain indoor environmental systems.

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AABC Commissioning Group (ACG)

The AABC Commissioning Group (ACG) is a non-profit association dedicated to the advancement of independent third-party commissioning professionals. ACG strives to promote a better understanding of the commissioning process by educating, training, and certifying qualified individuals as Certified Commissioning Authorities (CxAs), and Certified Commissioning Technicians (CxTs). Established in 2004 to better serve the growing commissioning community, ACG’s fundamental principles include independence, certification, and training and education.

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American Institute of Constructors (AIC)

AIC is a non-profit organization that serves as the national qualifying body of professional constructors. Among AIC’s purposes is to promote excellence in the industry by establishing standards of ethics and competence, promoting the advancement of construction-related fields, and facilitating the exchange of information and ideas within the industry.  Over 2,000 professionals each year sit for AIC’s Associate Constructor (AC) or Certified Professional Constructor (CPC) certification examinations.

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American Society of Professional Estimators (ASPE)

The American Society of Professional Estimators serves construction estimators by providing education, ethics, standards, certification, fellowship, and opportunities for professional development. The ultimate goal is Professionalism. Every construction project should start with a professionally prepared estimate. The more professional the estimator and the estimate, the more likely the project will be on budget and with less problems.

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American Subcontractors Association, Inc. (ASA)

ASA is a non-profit, national, membership trade association of 5,500 subcontractors, specialty trade contractors and suppliers in the construction industry.

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Architectural Woodwork Institute (AWI)

The Architectural Woodwork Institute (AWI) is a nonprofit trade association founded in 1953. Today, AWI represents nearly 4,000 members consisting of architectural woodworkers, suppliers, design professionals and students from around the world.

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Associated Builders and Contractors, Inc. (ABC)

ABC is a national association representing more than 24,000 merit shop construction and construction-related firms that perform work in the industrial and commercial sectors of the industry across the U.S.

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Associated General Contractors of America (AGC)

AGC, the voice of the construction industry, is an organization of qualified construction contractors and industry related companies dedicated to skill, integrity, and responsibility. The association provides a full range of services satisfying the needs and concerns of its members, thereby improving the quality of construction and protecting the public interest.

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Associated Specialty Contractors, Inc. (ASC)

ASC is an “umbrella organization” of nine national associations of construction specialty contractors, whose combined membership totals more than 25,000 firms.

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Association of the Wall and Ceiling Industry (AWCI)

Since 1918, AWCI has been serving wall and ceiling contractors, manufacturers, suppliers/distributors and others allied to the fields of acoustics, drywall, EIFS, fireproofing, insulation, plaster, steel framing, stucco and many other interior and exterior applications.

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Construction Financial Management Association (CFMA)

CFMA is “The Source & Resource for Construction Financial Professionals” and the only nonprofit organization dedicated to serving the construction financial professional. Established in 1981, CFMA’s General Members include financial professionals working for contractors, developers, construction managers, architects, engineers, principals, and material and equipment suppliers. Associate Members include accounting, insurance, surety, software, legal and banking specialists who serve the construction industry. CFMA has more than 7,000 members in 88 chapters throughout the U.S.

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Construction Industry Round Table (CIRT)

CIRT is exclusively composed of approximately 100 CEOs from the leading architectural, engineering and construction firms and its mission is to be a leading force for positive change in the design / construction industry while helping members improve the overall performance of their individual companies.

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Construction Owners Association of America (COAA)

Construction Owners Association of America supports project owners’ success in the design and construction of buildings and facilities through education, information and developing relationships within the industry.

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Construction Specifications Institute (CSI)

CSI is a national association dedicated to creating standards and formats to improve construction documents and project delivery. The organization is unique in the industry in that its members are a cross–section of specifiers, architects, engineers, contractors and building materials suppliers. The organization has 146 chapters and more than 13,000 members. CSI is renowned in the industry for its rigorous certification programs for professionals seeking to improve their knowledge of accurate and concise construction documents. CSI provides continuing education, professional conferences and product shows.

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The Construction Users Roundtable (CURT)

CURT provides a forum for the exchange of information, views, practices and policies of various owners at the national level by construction and engineering executives representing major corporations that are among the largest consumers in the construction industry.

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Dispute Resolution Board Foundation (DRBF)

The Dispute Resolution Board Foundation (DRBF) is a non-profit international association of construction industry professional committed to real time dispute avoidance and resolution through the use of Dispute Boards. Members represent owner organizations and employers, architects, engineer, contractors, legal professional, funding agencies and consultants.

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Door and Hardware Institute (DHI)

DHI is an association proudly serving door security and safety professionals, and the dynamic companies they represent, in the non-residential construction industry. Through education, advocacy, accreditation and facilitated networking, we provide members with the collective intelligence to meet the security and safety needs of their customers.

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Finishing Contractors Association (FCA)

FCA was created by union contractors seeking to address the unique labor-management and government relations needs of union employers.

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Independent Electrical Contractors (IEC)

The Independent Electrical Contractors (IEC) is a national trade association for merit shop electrical and systems contractors. IEC believes in developing and fostering a stronger economy through the level of quality and services its members provide to the industry.

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Lean Construction Institute (LCI)

LCI’s purpose is to reform the management of production in design, engineering and construction for capital facilities. LCI developed the Lean Project Delivery System™ (LPDS) that applies principles pioneered in manufacturing to construction.

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Mechanical Contractors Association of America (MCAA)

The Mechanical Contractors Association of America (MCAA) is a national trade association representing the industry’s most innovative and forward-thinking mechanical construction, plumbing and service firms.

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National Association of Construction Auditors (NACA)

NACA was created to enhance the control environment related to construction projects, by addressing the needs of auditors who spend a significant amount of their efforts auditing and controlling projects, and owners and management who want to improve their knowledge base of contracts and process controls, thereby improving the overall product delivered to their customers. NACA grants the designation of Certified Construction Auditor (CCA) and Construction Control Professional (CCP) to individuals with the expertise in these areas.

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National Association of Electrical Distributors (NAED)

Since 1908, the National Association of Electrical Distributors (NAED) has served as the trade association for the electrical distribution industry. NAED is a 501(c)6 not-for-profit organization dedicated to serving and protecting the electrical distribution channel.

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National Association of State Facilities Administrators (NASFA)

NASFA’s mission is to provide leadership in the development and implementation of state facility administration practices for the planning, development, operations and maintenance of state facilities, including hospitals, prisons, parks, and colleges and universities.

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National Association of Surety Bond Producers (NASBP)

NASBP is the international organization of professional surety bond producers and brokers and represents over 5,000 personnel who specialize in surety bonding, provide performance and payments bonds for the construction industry, and issue other types of surety bonds for guaranteeing performance.

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National Electrical Contractors Association (NECA)

NECA is the voice of the $100 billion industry responsible for lighting, power, and communication systems in buildings and communities across the United States. NECA advances the electrical contracting industry through advocacy, education, research, and standards development.

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National Ground Water Association (NGWA)

The National Ground Water Association is the hallmark organization for anyone affiliated with the groundwater industry. A nonprofit organization, NGWA is comprised of more than 13,000 U.S. and international groundwater professionals — contractors, scientists and engineers, equipment manufacturers and suppliers. Our purpose is to provide guidance to members, government representatives and the public for sound scientific, economic and beneficial development, protection and management of the world’s groundwater resources.

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National Subcontractors Alliance (NSA)

NSA was formed to keep open lines of communication between its members, which is currently comprised of 14 member organizations, with a total membership of over 3,500 member firms.

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National Tile Contractors Association (NTCA)

With over 1300 active members, the National Tile Contractors Association is dedicated to the professional installation of ceramic tile and natural stone. The association, established in 1947, is widely recognized as the largest tile contractor association in the world, and is active in the development of installation standards as well as best business practices. NTCA has a strong, dedicated staff, comprised of association and industry trained professionals, focusing on regional and national training programs, career and apprenticeship development, business support, and networking opportunities. NTCA takes great pride in being known as the Voice of the Tile Contractor.

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National Utility Contractors Association (NUCA)

NUCA – Representing Utility and Excavation Contractors. NUCA is the only national organization working effectively in Washington for the underground utility and excavation construction industry to address the nation’s decaying infrastructure. NUCA represents contractors, suppliers and manufacturers involved in water, sewer, gas, electric, telecommunications, site work and other segments of the industry across the country. NUCA unites the industry to address common problems and strengthen the industry.

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Painting and Decorating Contractors of America (PDCA)

For over 120 years, PDCA has served as the leader of the painting and decorating profession and industry. PDCA is dedicated to the promotion, advancement, and business education of the entire painting and decorating profession and industry through standards development, industry specific publication, advocacy and company accreditation.

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Plumbing Heating Cooling Contractors Association (PHCC)

PHCC is dedicated to the promotion, advancement, education and training of the industry, for the protection of our environment and the health, safety, and comfort of society. PHCC’s more than 4,100 contractor members work in the residential, commercial, new construction, industrial and service and repair industry segments.

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Retail Contractors Association (RCA)

The Retail Contractors Association is a national organization of high caliber contractors united to provide a solid foundation of ethics, quality, and professionalism in the retail industry. Through our programs, educational offerings, and networking opportunities, we promote excellence, safety, ethical practices; establish industry standards; foster cooperation; exchange ideas, information & solutions; and explore new trends in the retail construction industry.

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Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA)

SMACNA’s mission is to provide products, services, and representation to enhance members’ businesses, markets, and profitability. SMACNA has 1,944 members throughout the U.S. and internationally.

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The Surety & Fidelity Association of America (SFAA)

SFAA, whose member companies collectively write the majority of surety and fidelity bonds in the United States, represents its member companies in matters of common interest before various federal, state and local government agencies.

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United States Hispanic Construction Association (USHCA)

The United States Hispanic Construction Association (USHCA) is a US based organization representing Hispanics in construction and is proud of the work ethic, dedication and positive contributions that Hispanics have made to the United States. The USHCA is built and driven by a commitment to integrity, transparency and the advancement and growth of Hispanic businesses in the construction industry. The USHCA is also committed to advocate and promote for workplace safety and career advancement on behalf of  the growing number of Hispanics in the construction industry workforce.

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Women Construction Owners & Executives, USA (WCOE)

WCOE was conceived in 1983 by 11 women who envisioned a national association to custom fit their unique business needs in the construction industry. They formed Women Construction Owners & Executives, USA to promote opportunities and business for women-owned firms and policy-making executives in the construction industry. WCOE’s national member-businesses include general contractors, top-level policy-making executives, architects, engineers, construction project managers, subcontractors and other business women and professionals related to the construction industry.

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Water and Wastewater Equipment Manufacturers Association (WWEMA)

WWEMA is a non-profit trade organization founded in 1908 to represent the interests of companies that manufacture products sold to the potable water and wastewater treatment industries. Its mission is to inform, educate and provide leadership on issues which affect the worldwide water and wastewater equipment industry.

The Contract Content Advisory Council is responsible for the development of standard form contract documents and for facilitating Endorsing Organizations approval of such documents.

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Bob Majerus, Vice President and General Counsel of Hensel Phelps, has been elected as the Chairman of the ConsensusDocs Content Advisory Council (CCAC) for 2019-2021. Majerus has been a long-term member of the CCAC and helped produce comprehensive updates to the most used ConsensusDocs contract documents in 2016/17. More recently, he oversaw the development of a working group that drafted the AGC commentary (download the commentary here) on the new American Institute of Architects (AIA) A201 General Conditions Document.

Business and Marketing Advisory Council

The Business and Marketing Advisory Council is responsible for proposing business strategies and for recommending actions for effective education, marketing and media relations efforts.

1. ConsensusDocs Mission

1.1 Mission

ConsensusDocs® is a coalition of associations representing diverse interests in the construction industry that collaboratively develops and promotes standard form construction contract documents that advance the construction process. ConsensusDocs and its Endorsing Organizations are committed to assuring that its documents serve the best interests of the construction project and the construction industry. These procedures are intended to further the ConsensusDocs mission by formalizing a transparent and efficient consensus-decision making process.

2. Representing Diverse Interests

2.1 Diverse Interests – General

ConsensusDocs is committed to ensuring that it continues to represent diverse interests in the construction industry. The Business and Marketing Advisory Council is responsible for identifying and recruiting new Endorsing Organizations.

2.2 Identifying and Contacting Prospective Endorsing Organizations

Current Endorsing Organizations should be alert to industry associations that have or should have an interest in achieving the ConsensusDocs mission. They should refer such associations, including appropriate contacts, to the Executive Director and Senior Counsel (“Executive Director”) and/or the chair of the Business and Marketing Advisory Council. In addition, the chair of each working group should submit the associations, including appropriate contacts, which such working group has identified as stakeholders in the working group’s product.

The chair of the Business and Marketing Advisory Council shall assign an individual to make an initial contact with each association identified. If such initial contact reveals an interest in further participation in ConsensusDocs, the Business and Marketing Council chair shall organize a delegation of representatives to meet with representatives of and/or make a presentation to the interested association.

The Executive Director shall maintain a log of identified associations and the status of their relationship with ConsensusDocs. The Executive Director shall distribute the log to the Business and Marketing Advisory Council prior to each of its in-person meetings.

2.3 Negotiating a Memorandum of Understanding

The Executive Director is charged with negotiating the appropriate Memorandum of Understanding with an interested association.

3. Advisory Councils

3.1 Advisory Councils

ConsensusDocs has two advisory councils, the Contract Content Advisory Council and the Business and Marketing Advisory Council.

3.2 Contract Content Advisory Council

The Contract Content Advisory Council is responsible for the development of standard form contract documents and for facilitating Endorsing Organizations approval of such documents.

3.3 Business and Marketing Advisory Council

The Business and Marketing Advisory Council is responsible for proposing business strategies and for recommending actions for effective education, marketing and media relations efforts.

3.4 Council Chairs

Each Council shall elect a chair from among its members at its last in-person meeting in each calendar year. A chair may be a representative of any Endorsing Organization. The chair shall serve a one-year term beginning at the end of the meeting at which he/she is elected through the last in-person meeting of the following calendar year. The chair shall serve as a facilitator (rather than an advocate) for the discussion and schedule of the Council. The chair shall ensure that all voices are heard, that minority opinions are respected, and that all work products further the mission of ConsensusDocs.

3.5 Recording Secretaries

Each Council shall elect a recording secretary from among its members at its last in-person meeting in each calendar year. A recording secretary may be a representative of any Endorsing Organization. A recording secretary shall serve a one-year term beginning at the end of the meeting at which he/she is elected through the last in-person meeting of the following calendar year. A recording secretary shall be responsible for keeping and distributing minutes of the meeting of the Council. The recording secretary shall distribute minutes of the meeting within ten days of a Council meeting.

3.6 Council Meetings

Each Council shall meet in person not less than twice each year. Additional meetings may be held by teleconference or other technology-enhanced means or in person at least every other month.

AGC shall be responsible for all expenses for Council meetings, including meeting rooms, conference calls, and food and beverages.

Council members or the organizations they represent shall bear travel expenses associated with their participation in Council meetings.

4. Document Development and Approval

4.1 Document Review Cycle

To ensure that all ConsensusDocs standard documents serve the best interests of the construction project and the construction industry, the Contract Content Advisory Council will review and, if necessary, update each document no less than every five years.

ConsensusDocs, however, recognizes that the construction industry is constantly evolving, shaped by customer demands, government requirements, the economy, etc. Thus, any Endorsing Organization may propose that an existing document be reviewed and revised sooner than the five-year schedule, by submitting a Document Proposal as described in Paragraph 4.2.

The Executive Director shall maintain a log of issues that have been raised that may lead to the possible revision of the documents, including issues raised by Endorsing Organizations, other stakeholders, users, commentary and analysis, case law, and developments in the industry. In addition, The Executive Director shall distribute appropriate log entries to working groups that are considering or that should consider the implications of such log entries.

The Executive Director may make necessary and appropriate non-substantive editorial changes.

4.2 Document Proposal

Any Endorsing Organization may recommend the development of a new document or the revision of an existing document by submitting a Document Proposal to the chair of the Contract Content Advisory Council and/or the Executive Director.

A Document Proposal should include:

· The type of document proposed (e.g., contract, addendum, form, etc.).

· A description of the parameters of the document.

· The industry need for the document.

· A list of the industry parties likely to be impacted by the document (e.g., intended audience).

4.3 Contract Content Advisory Council Review of Document Proposal

Within 14 days of receipt of a Document Proposal, the ConsensusDocs Executive Director shall distribute the Document Proposal to each Endorsing Organization. The Executive Director shall invite each Endorsing Organization to:

Indicate whether or not it believes there is an industry need for the proposed document.

· Alternatively, whether it has an objection to Document Proposal and the nature of those objections.

· Its level of interest in the Document Proposal.

· Whether it wants to appoint a representative(s) to the Working Group and the contact information for such representative(s).

· Identify other nonprofit associations or professional societies that may have an interest in the Proposed Document.

Each Endorsing Organization shall be given 21 days to respond to a Document Proposal.

Based on the input of the Endorsing Organizations, the Council chair may decide to:

· Establish a Working Group on the Document Proposal.

· Defer action on the Document Proposal until discussion can be held at a Council meeting.

· Table the Document Proposal.

4.4 Working Group Members

Working Group Members may be representatives of Endorsing Organizations and Stakeholder Liaisons.

Working Group members should:

· Have expertise and experience with the topic of the Document Proposal as well as construction contract documents.

· Be willing and able to provide the time to participate actively in the Working Group.

· Understand and concur with the mission of ConsensusDocs.

· Have a collaborative approach to developing best practice contract documents.

· Shall act, at all times, in good faith with the ConsensusDocs mission.

4.5 Stakeholders

ConsensusDocs is committed to continuing to ensure that it represents diverse interests in the construction industry. Thus, any nonprofit association or professional society, company, government agency or individual with a direct and material interest in a Proposed Document has a right to have their views actively considered during the drafting process.

The Working Group may invite any Stakeholder that is a nonprofit association or professional society to appoint a Liaison to the Working Group. A Stakeholder Liaison shall have a voice in the Working Group’s deliberations through good faith participation.

The Working Group may invite other individual expert Stakeholders to express their positions and the bases for such positions either in writing or during a meeting of the Working Group. In addition, ConsensusDocs shall post on its Web site an invitation to industry members to participate in each new Working Group.

4.6 Appointment of Working Group

Within 21 days of the final Endorsing Organization report, the Executive Director shall notify the representatives of the Endorsing Organizations that they have been appointed to the Working Group and schedule an organizational conference call for the Working Group.

4.7 Working Group Meetings

AGC shall be responsible for all expenses for working group meetings, including meeting rooms, conference calls, and food and beverages.

Working group members or the organizations that they represent shall bear the travel expenses associated with their participation in ConsensusDocs meetings.

4.8 Organizational Conference Call

Shortly after its appointment, the Working Group shall have an organizational conference call. Among the tasks that should be addressed and accomplished during the organizational conference call are:

· Agreement on the parameters of the Proposed Document.

· Agreement on working forums (e.g., conference calls, conference calls in a Web environment, in-person meetings, etc.).

· Adopt rules for its own governance that are not inconsistent with these Procedures or with other rules adopted by the Council.

· Establishment of a schedule with milestones.

· Agreement on a chair(s) and, if appropriate, a vice chair. The chair and vice chair shall not be from the same organization.

· Agreement on a Working Group recording secretary.

· Identification of other Stakeholders that should be invited to participate in or submit comments to the Working Group.

4.9 Working Group Chair

The chair(s) and vice-chair of a Working Group may be representatives of any Endorsing Organization. The Working Group chair shall serve as a facilitator (rather than an advocate) for the discussion and schedule of the Working Group. The Working Group Chair shall assure that all voices are heard, that opinions in the minority are respected and actively considered, and that the final product furthers the mission of ConsensusDocs.

4.10 Working Group Recording Secretary

The recording secretary of a Working Group shall be responsible for keeping and distributing minutes of the meetings of the Working Group. The recording secretary shall distribute minutes of the meeting within 10 days of a meeting.

4.11 Working Group Work Product

All work products of a Working Group shall be provided to the Executive Director.

4.12 Confidentiality Agreement and Waiver of Copyright

Each Working Group member and other participants in Working Group deliberations shall be required to sign a Confidentiality Agreement and Waiver of Copyright as a condition of participation. The Executive Director will be responsible for maintaining copies of such agreements.

4.13 Working Group Report to the Contract Content Advisory Council

The Working Group’s final work product shall be a Report to the Contract Content Advisory Council. That Report shall include:

· A complete draft of the Proposed Document with instructions for use when appropriate.

· A one-page fact sheet summarizing the industry need of the Proposed Document and a list of the industry parties that will be impacted by the Proposed Document.

· A recommendation to the Contract Content Advisory Council.

4.14 Action by the Contract Content Advisory Council on Proposed Document

The chair of the Contract Content Advisory Council shall distribute the Working Group’s Final Report to the Council within 14 days of its completion. The chair shall conduct a written poll of the Contract Content Advisory Council by inviting each member of the Council to, within 14 days:

· Indicate that he/she recommends approval of the Proposed Document, as submitted, to the Endorsing Organizations; OR

· Indicate he/she has concerns with the Proposed Document and to describe what those concerns are.

The chair of the Contract Content Advisory Council shall compile the results of the written poll, including any concerns expressed. Based on the results of the written poll, the chair of the Contract Content Advisory Council shall determine the next steps.

If three-quarters of the Council’s members, representing all elements of the industry, respond that they recommend approval of the Proposed Document, to the Endorsing Organizations, the chair may submit the Proposed Document to the Endorsing Organizations for endorsement.

If fewer than three-quarters of the Council’s members OR all of the associations representing one or more interests of the industry raise concerns about the Proposed Document, the chair may:

· If the concerns appear to be minimal, schedule a conference call of the Contract Content Advisory Council with the purpose of resolving such concerns. The Working Group chair shall be invited to make a presentation and to respond to questions during such conference call.

· If the concerns appear to be more than minimal, notify the Contract Content Advisory Council that the Proposed Document will be put on the agenda for its next in person meeting. The Working Group chair shall be invited to make a presentation and to respond to questions during such meeting.

· Refer the Proposed Document back to the Working Group with the request that it attempt to address the concerns raised.

4.15 Endorsement by ConsensusDocs Organizations

Once the Contract Content Advisory Council has reviewed and approved the Proposed Document, the Executive Director shall distribute the Proposed Document to the Endorsing Organizations. The Executive Directors shall include in the package provided to Endorsing Organizations:

· A complete draft of the Proposed Document with instructions for use when appropriate.

· A one-page fact sheet summarizing the industry need of the Proposed Document and a list of the industry parties that will be impacted by the Proposed Document.

· The recommendation of the Contract Content Advisory Council.

· The name and contact information of the chair of the Working Group.

· A ballot.

· If appropriate and necessary, the Executive Director shall schedule a teleconference during which the Working Group Chair shall review the document and respond to questions from representatives of Endorsing Organizations.

The Executive Director shall give each Endorsing Organization 90 days to review the Proposed Document and return the signed ballot. The Executive Director shall maintain a record of ballot voting.

5. Documents Education

5.1 Education – General

ConsensusDOCS is committed to ensuring that all members of the construction team understand the appropriate sharing of risk and thus the value of standard documents that serve the best interests of the construction project and the construction industry. The Business and Marketing Advisory Council is responsible for oversight of education on ConsensusDocs.

5.2 Education by Endorsing Organizations

The Endorsing Organizations include education and professional development among their goals and objectives and include education on ConsensusDocs as a core part of their education programming.

ConsensusDocs has established a Friends of ConsensusDocs Web site to facilitate the sharing of educational and other materials among the Endorsing Organizations. Endorsing Organizations should contact the ConsensusDocs Marketing Director of Contracts for information on now to access and use the Friends of ConsensusDocs Web site.

Endorsing organizations may use samples of ConsensusDocs standard documents in their educational programs without prior approval.

5.3 Education by Non-Endorsing Organizations or Individuals

To further education on its standard documents, ConsensusDocs is committed to working with other nonprofit associations and professional societies, companies, government agencies and individuals. Such entities or individuals should contact the Executive Director for assistance.

6. Promotion of ConsensusDocs

6.1 Promotion – General

ConsensusDocs is committed to ensuring that it continues to promote standard form construction documents that advance the construction process. The Business and Marketing Advisory Council is responsible for the oversight of marketing and media relations.

6.1 Marketing

The Endorsing Organizations have each assumed responsibility for specific marketing activities, including:

· Putting a link to the ConsensusDocs Web site in a prominent location on their Web sites.

· Advertising ConsensusDocs in their own periodicals.

· Putting information on how to purchase ConsensusDocs materials in their publication catalogs.

· E-mailing information to their members about ConsensusDocs materials.

· Each Endorsing Organizations should reference its own Memorandum of Understanding for its specific responsibilities.

To assist Endorsing Organizations with their marketing responsibilities, the ConsensusDocs Director of Marketing shall develop and provide marketing templates, materials, advertisements, and promotional information in a timely manner.

6.2 Public and Media Relations

The Executive Director shall be the principal spokesperson for ConsensusDocs. The Council chairs also may speak for ConsensusDocs in consultation with the Executive Director.

Each Endorsing Association is encouraged to adapt ConsensusDocs media material for its own publics. However, each also should assure that its media material makes clear that it is speaking for itself, not ConsensusDocs.

7. Technology

7.1 Technology – General

ConsensusDocs is committed to ensuring that all stakeholders can easily access the standard documents and related materials. Thus, ConsensusDocs shall ensure that its technology is user-friendly, cost-effective and efficient. Both the Contract Content Advisory Council and the Business and Marketing Advisory Council are responsible for recommending actions pertaining to technology.

7.2 Technology Management

The Executive Director shall be responsible for maintaining and improving the technology used to deliver ConsensusDocs to document users, the ConsensusDocs Web site, and the “Friends of ConsensusDocs” Web site.

8. Miscellaneous

8.1 Approval and Revisions

These procedures were adopted through a consensus-decision making process of both the Contract Content Advisory Council and the Business and Marketing Advisory Council. These provisions shall be reviewed and revised no less than every five years. Endorsing organizations may propose revisions sooner than a five-year schedule, by submitting a proposed amendment. Revisions to the ConsensusDocs Procedures shall be considered by both Advisory Councils in a consensus-decision making process.

The Executive Director may make necessary and appropriate non-substantive editorial changes.

8.2 Procedures for Correcting Errors

ConsensusDocs recognizes that, because of the volume of its publications, on a rare occasion, a user or an Endorsing Organization may identify a minor error (e.g., misspelling, improper punctuation, etc.) in a document after the original text is published. In such case, the Executive Director shall develop and publish an errata sheet, which shall be made available on the ConsensusDocs Web site at www.consensusdocs.org. In addition, the Executive Director shall provide the errata sheet to past purchasers and new purchasers of the document.

With even less frequency, a user or Endorsing Organization may identify a major error (e.g., one that renders the document ambiguous or confusing and potentially increases liability to a signatory) in a document after the original text is published. In such case, the Executive Director shall identify the purported error and the proposed correction to the Endorsing Organizations of the document in question; such Endorsing Organizations shall be given 21 days to veto the correction. If the Endorsing Organizations accept the correction, the Executive Director immediately shall post a document amendment containing the agreed correction on the ConsensusDocs Web site at www.consensusdocs.org and provide a copy of the document amendment to past purchasers and new purchasers of the document.

The Executive Director shall make all corrections to the documents based on errata sheets and document amendments each time that new documents are added or existing documents are revised on the ConsensusDocs Web site. All revised documents shall include a revision date to differentiate them from prior versions.