Clark Using and Understanding Engineering Service and Construction Contracts

1986
ISBN: 978-1-4684-7310-0
Verlag: Springer US
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, eBook

1. HISTORICAL BACKGROUND In the late 1950s many members of the design professions-Engineers as well as Ar chitects-became concerned about their exposure to claims for professional malprac tice and particularly about the increasing number of claims that had been successfully brought against them arising out of their Construction Phase activities. This led to special studies sponsored by the American Institute of Architects and the Engineers joint Counsel. The outcome was twofold: the development of a policy of professional liability insurance to insure Engineers and Architects against errors and omissions in the performance of their professional services, and the review and development of the customary contractual arrangements defining the design profeSSional's undertakings vis a vis his client (the Owner), the Project to be designed, and the Contractor who was to implement that design. At the outset, the AlA's Owner-Architect Agreement (No. B131), General Conditions (No. A201) and the Owner-Contractor Agreements (Nos. A101 & 111) were the documents most frequently used by design professionals, and these received particular attention. In the early 1960s it became apparent that there was a need for a separate series of documents prepared to address these relationships when the Project to be designed involved primarily engineering considerations. The number of Projects for which the Engineer was employed by the Owner as the prime professional to handle the Project design and construction administration was increasing.

Zielgruppe

Research

Autoren/Hrsg.

Clark, John R.

Inhaltsverzeichnis

1. Standard Form of Agreement between Owner and Engineer for Professional Services.- 1. Meeting of the Minds.- 2. Written Agreement Essential.- 3. Owner’s Form.- 4. Describing the Project.- 5. Estimating Construction Cost.- 6. General Description of Basic Services.- 7. Basic Services.- 8. Additional Services.- 9. Owner’s Responsibilities.- 10. Period of Service.- 11. Methods of Payment.- 12. Construction Cost and Opinions of Cost.- 13. General Considerations.- 14. Special Provisions.- 2. Standard Form of Agreement between Engineer and Associate Engineers for Professional Services.- General.- 1. Project Description and This Part of Project.- 2. Guide Sheet.- 3. Underlying Concepts.- 4. Basic Services.- 5. Additional Services.- 6. Engineer’s Responsibilities.- 7. Period of Service.- 8. Method of Payment.- 9. Construction Cost and Opinions of Costs.- 10. General Considerations.- 3. Construction Related Documents.- 1. General.- 2. Locator Guide.- 4. Owner-Contractor—Stipulated Price and Cost-Plus.- 1. General.- 2. Defined Terms.- 3. Materials and Equipment.- 4. Effective Date of the Agreement.- 5. Work.- 6. Engineer as Owner’s Representative.- 7. Contract Time.- 8. Timely Performance.- 9. Contract Price.- 10. Payment Procedures.- 11. Contractor’s Representations.- 12. Listing of Contract Documents.- 13. Assignments.- 5. Standard General Conditions of the Construction Contract.- 1. General.- 2. Defined Terms.- 3. Preliminary Matters.- 4. Intent, Amendment, and Reuse of Contract Documents.- 5. Availability of Lands; Physical Conditions; Reference Points.- 6. Bonds and Insurance.- 7. Contractor’s Responsibilities.- 8. Multi-Prime Contracts.- 9. Owner’s Responsibilities.- 10. Engineer’s Status.- 11. Changes in the Work, Price, and Time.- 12. Warranties andGuarantees.- 13. Quality of Work.- 14. Payments to the Contractor.- 15. Suspension and Termination.- 16. Arbitration.- 17. Miscellaneous.- 6. Additional Comments re Supplementary Conditions.- 1. General.- 2. Schedule of Events.- 3. Subsurface Data.- 4. Insurance.- 5. Subcontractors and Suppliers.- 6. Multi-Prime Contracts.- 7. Unit Price Work.- 8. Special Guarantees.- 9. Conditions Precedent to Substantial Completion.- 10. Additional Matters.- 7. Additional Comments Concerning Instructions.- 1. Introduction to New Form.- 2. Definitions.- 3. Qualification of Bidders.- 4. Examination of Work Conditions and Site by Bidder.- 5. Issuing Addenda.- 6. Substitutes.- 7. Subcontractor and Suppliers.- 8. Form of Bid.- 9. Withdrawal of Bid.- 10. Bidding Procedure.- 11. Award.- 12. Supplementary Instructions.- Footnotes.- Appendices.- Cross Reference Index.