230
(Updated 2017) Purchase Options

This standard prime construction contract between Owners of the construction project and Constructors (aka builder, general contractor, design-bid-builder, construction manager) provides a best practice industry standard contract that conveniently integrates general terms and conditions and the construction agreement terms into in one document. Appropriate for design-bid-build projects where the payment is based upon the cost of the work, plus a fee, with a guaranteed maximum price (GMP). Design-bid-build projects are where an Owner of the construction project has a relationship with a Design Professional (architect or engineer) to provide design services (Basic and possibly Additional Services) separate from the relationship with the Constructor. The general conditions include the responsibilities allocated to each party and address critical construction law contract issues. The contract issues include: the parties relationship and responsibilities to each other, definitions of key terms, scope of work and execution obligations, design delegation, worksite conditions, differing site conditions, contract price, contract documents, contracts review, submittals, subcontracts, permits and taxes, time, changes, schedule changes, payment, payment schedule, final completion and final payment, indemnification (defend and hold harmless against all losses), insurance and bond, termination for convenience, termination for cause, claims and notice, waiver of consequential damages, dispute resolution and mitigation, construction defects, choice of law, venue, and much more. The included construction law contract issues are fair for Owners or developers of the project as well as Constructors. Parties can modify the terms of the agreement for their individual project needs and state law requirements. This document presumes that the Owner will be hiring a Design Professional (architect or engineer) to provide design services (Basic and possibly Additional Services). The ConsensusDocs 240 (long) or 245 (short) agreement covers that Designer-Owner relationship. The Owner is included in project communications and maintains decision making unless the Owner delegates responsibilities to the Design Professional.

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