Design and construction contracts start with forms.
There are four primary procurement models – design/bid/build, CM advisor, CM as constructor, and design/build model. There are four basic alternatives for pricing - lump sum or fixed price, open book, estimate or upset price, and guaranteed maximum price. And each pricing alternative works differently with each procurement model to make each construction contract work. After determining the best procurement model and pricing alternative don’t just fill in the blanks of your construction contract. When customizing the contract for your project be sure to factor in the power to modify the form as you need over time.
James E. Hughes, Esq.
Hancock Estabrook, LLP
- Partner in the law firm of Hancock Estabrook, LLP, practicing in construction law, municipal law and commercial litigation
- Construction arbitrator affiliated with the American Arbitration Association (Arbitration and Mediation Neutral Panel)
- Construction counsel to the City of Syracuse, NY
- Serves on the Contract Document Committee of the Construction Owners Association of America (COAA)
- Associate member of the Association of General Contractors
- More than 30 years of experience in construction law, negotiating and drafting design and construction agreements for public and private entities
- Served as construction counsel for many substantial construction projects
- Experienced in resolving construction defect and construction delay disputes
- Can be contacted at [email protected]
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