The Engineers Joint Contract Documents Committee recently released a revised version of its Engineer-Subconsultant Documents. These subagreements are used to form contracts between an engineering firm, as prime design professional, and other professional firms or individuals, such as geotechnical engineers, surveyors, mechanical and electrical engineers, and architects. The new documents reflect current legislation, recent judicial activity, and current business practices. Design engineers, construction contractors, owners, and attorneys all provided input on the agreements.
The revised documents include:
- E-560, Agreement Between Engineer and Land Surveyor for Professional Services;
- E-564, Agreement Between Engineer and Geotechnical Engineer for Professional Services;
- E-568, Agreement Between Engineer and Architect for Professional Services; and
- E-570, Agreement Between Engineer and Consultant for Professional Services.
The 2010 edition of the EJCDC Engineer-Subconsultant documents replaces the edition published in 2006. A full list of the changes and updates may be found on www.nspe.org/ejcdc. These important changes demonstrate EJCDC's philosophy of parties working together toward fair and balanced agreements that truly and clearly reflect the obligations of all participants. Key highlights of the changes include the following:
- Expanded options for addressing the situation in which the project owner fails to pay the engineer. When the engineer and the consultant (architect, geotechnical engineer, land surveyor, or other) finalize the subagreement, they now may choose from four options for allocating or sharing the risk of owner nonpayment;
- Clarification of engineer's general obligation to pay the consultant for undisputed services, and of the consultant's right to terminate the subagreement if it does not receive payment;
- Express provisions regarding compliance with owner and contractor safety programs when on the project site; and
- Inclusion of express certifications that the agreement has not been procured through bribery, fraud, or coercion. Such certifications are important for any public work or projects receiving grant funding.
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 in 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/index.html.
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 has been promoting professional excellence for over 75 years. NSPE serves more than 43,000 members and the public through 53 state and territorial societies and more than 500 chapters. For more information, please visit www.nspe.org.