Winter 2024

NSPE Now
EJCDC® Docs Focus on Collaboration, Peer Review

The Engineers Joint Contract Documents Committee has released 2024 editions of three documents that offer improved guidance for engineers and engineering firms seeking to collaborate with another entity and the peer review of designs. NSPE members will receive a 50% discount on EJCDC® documents.

Prior to this release, these documents were last updated in 2017. All three documents remain consistent with the overall content, risk allocations, and philosophical approach of their prior versions. They have been updated for consistency with the most recent editions of EJCDC’s other professional services agreements, including terminology.

The E-580, Teaming Agreement to Pursue Joint Professional Services Opportunity is intended for a collaboration between two design firms that have decided to join together to pursue an opportunity to obtain work. This collaboration is often necessary because a single firm (or individual engineer) may not have adequate marketing resources, professional licensing, technical skill sets, available staff, or familiarity with the specific client or market, to pursue and land the assignment (or to subsequently perform the services) on its own.

E-580 includes updated user guidance and notes and clarifies team expectations relative to mutual cooperation, exclusivity and right to cure in event of default.

The E-581, Agreement Between Owner, Design Engineer, and Peer Reviewers for Peer Review of Design provides guidance for the engagement of one or more peer reviewers to review and comment on the engineer’s design. Such peer reviews are sometimes required by lenders, grant agencies, and project owners as a means of assuring the adequacy of the design and are useful to owner and engineer in identifying design elements that need further analysis, revision, or improvement prior to finalization of the design and the ensuing construction.

E-581 has new language to address more completely the roles of the parties regarding commissioning authority requirements.

The E-590, Joint Venture Agreement for Professional Services is a contract document in which two or more design firms agree to join together to provide specific professional services to a third party. Such collaboration is often necessary because a single firm (or individual engineer) may not have adequate financial resources, professional licensing, technical skill sets, or available staff to successfully perform the services on its own.

The E-590 updates are generally administrative in nature and the more notable modifications and clarifications to the update include guidance regarding the capital contribution process and updated, clearer language governing reimbursement of expenses and invoicing, and addressing confidentiality of documents.

ACCESS THE EJCDC® DOCUMENTS.