EJCDC Updates Many of its Documents with 2013 Edition C-Series

The Engineers Joint Contract Documents Committee (EJCDC) is a joint venture of four major organizations of professional engineers and contractors. Since 1975, EJCDC has developed and updated fair and objective standard documents between all parties involved in engineering design and construction projects. EJCDC documents are similar to AIA and Consensus documents. EJCDC documents are used primarily in vertical construction, as well as public highway projects.

EJCDC recently completed a substantial revision of many of its key documents as part of its 2013 C-Series. It added three new documents: C-111, Advertisement for Bids; C-451, Qualifications Statement; and C-521, Subcontract. Significant changes were made to the following forms: C-200, Instructions to Bidders; C-410, Bid Form; C-700, General Conditions; and C-800, Supplementary Conditions. In addition, the new series includes a more comprehensive commentary, general reorganization, improvements to changes and claims procedures, updated insurance and bonds, and updated differing site conditions.

For example, insurance companies must have AM Best rating of A-VII or better. The owner and contractor must provide copies of required policies and endorsements upon the other’s, or any additional insured’s, request. There is a new contractor’s pollution liability requirement, covering contamination caused or worsened by the contractor and a contractor’s professional liability insurance requirement.

With respect to differing site conditions, a proposed new clause provides a default definition of technical data, which includes data contained in boring logs, water level data, and other factual, objective information in the geotechnical report. The default definition applies only if the owner and engineer fail to identify specific technical data in the supplementary conditions.

The series contains a subcontract that is tailored specifically to work with the EJCDC prime contract. The subcontract contains important clauses including flow down obligations, no privity with owner or third-party beneficiaries, and syncs with the contractor’s progress schedule. Contractor payment to subcontractors may be delayed until the contractor is paid by the owner (pay when paid). The contractor has final authority regarding conflicts and coordination problems between subcontractors. The subcontract contains safety duties to subcontractors’ own workforce, and to other persons and property at the site and a duty to report accidents and near misses to the contractor.

For more information, please see the PowerPoint presentation at http://www.ejcdc.org/images/stories/Construction_Series_2013_Highlights.pdf

This article was a collaborative effort by Axley Attorney Saul C. Glazer and John C. Mitby.

Saul C. Glazer is an experienced Construction Lawyer, and regularly works with Owners, Engineers, Architects, and Contractors in preparation of construction documents, including EJCDC documents.