The Engineers Joint Contract Documents Committee today released a new contract document for use by engineering firms that wish to work together as a team to pursue a joint business opportunity. The new Teaming Agreement document offers the basic structure for combining forces to prepare and submit proposals to provide professional services. EJCDC's publication of the new form recognizes that, in many cases, working together with a team member will substantially increase and enhance the likelihood of attaining the goal of being selected to provide requested professional services.
EJCDC has paired the Teaming Agreement with a revised version of EJCDC's joint venture document, in the combined document EJCDC E-580—Teaming Agreement to Pursue Joint Business Opportunity and Joint Venture Agreement Between Engineers. The two components of EJCDC E-580 serve the following purposes:
- The EJCDC E-580TA component may be used as a Teaming Agreement between two professional services firms that wish to join together to pursue an opportunity to obtain work.
- The EJCDC E-580JV component may be used as a Joint Venture Agreement after a successful team effort to obtain work.
If EJCDC E-580 is purchased for the Teaming Agreement, and the team is successful in winning a contract, the Joint Venture Agreement is available for use in defining the relationship of the two firms in taking the next step—providing the professional services to the project owner. To use E-580 as solely a Teaming Agreement, the users can either delete the Joint Venture portion of the document (E-580JV) or retain the Joint Venture portion, unexecuted, as an exhibit that serves as a sample of the agreement that the team members intend to execute if they are awarded the work.
The Joint Venture component (E-580JV) continues to provide a standard platform for design professionals to use in working together. It addresses capital contributions, the respective interests in the joint venture, management of the joint venture, liability, insurance, and indemnification. The 2011 edition includes more guidance to users by providing a simplified mechanism for the payment of routine day-to-day expenses and clarifying the distribution of proceeds received after the end of the venture. EJCDC E-580 is intended for joint efforts with respect to professional services. The Joint Venture Agreement in particular would require substantial modification and supplementation if the parties intend to use it to establish their roles and responsibilities in providing construction or design-build services.
Since 1975, EJCDC has developed and updated fair and objective standard documents that represent the latest and best thinking in contractual relations between all parties involved in engineering design and construction projects. EJCDC documents are the highest quality standard documents specifically written for infrastructure projects in the United States. Formatted in easy to use Microsoft Word, the documents can be customized to suit each project's unique goals and regulatory requirements.
The Engineers Joint Contract Documents Committee is a joint venture of four major organizations of professional engineers and contractors. Each of EJCDC's sponsoring organizations—NSPE, ASCE, ACEC, and AGC—offer EJCDC documents on their online stores at a discount to organization members. NSPE members enjoy a significant discount on the cost for the documents, which can be immediately purchased and downloaded at www.nspe.org/ejcdc.
The National Society of Professional Engineers is the national society of licensed professional engineers from all disciplines that promotes the ethical and competent practice of engineering, advocates licensure, and enhances the image and well-being of its members. Founded in 1934, NSPE serves more than 40,000 members and the public through 53 state and territorial societies and just over 400 chapters. For more information, please visit www.nspe.org.