The 800 contract document is used for the Owner of a construction project to designate a Program Manager. The contractual configuration is of a “pure/agent program manager,” not at risk, with the Program Manager signing design and construction contracts as the agent of the Owner.
Full Package, Owner Package, Consultant Package
This contract document is used for the Owner of a construction project to designate a Program Manager. The contractual configuration is of a “pure/agent program manager,” not at risk, with the Program Manager signing design and construction contracts as the agent of the Owner. The Program Manager serves as the Owner’s facilities staff hired as contractors and may oversee a project delivery accomplished under a variety of methods (e.g., design-bid-build or design-build) for each discrete project or site. This agreement conveniently integrates general terms and conditions and construction agreement terms into one document. 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, each party’s representatives, payment, cost of services, contract duration, indemnification (defend and hold harmless against all losses), insurance and bond, termination, dispute resolution and mitigation, and more. The included construction law contract issues are fair for each party.
The Iowa Department of Administrative Services (“DAS”) is responsible for providing a wide variety of services to its State agency customers, including contracting for and administering construction projects. Prior to the Fall of 2011, DAS used modified AIA contracts for its construction projects and a traditional project delivery method (with a designer and a single prime construction contractor). In late Fall 2011, DAS switched to the ConsensusDocs 800 Program Management Series of construction contracts and to a construction-manager-as-agent centered project delivery method. The new contracts and the new project delivery method have been well received by the industry and very successful. While there is no doubt that a successful project depends more upon on good people than a good contract, DAS has found that a straight forward and risk-balanced contract (like the ConsensusDocs) gets the project off to a great start and puts project executive in a better position to make decisions.
Note: The above statements are solely based upon my personal opinion as a construction attorney and the comments I have received from other individuals who were instrumental in the changes made in our construction group.