What Are Consensus Documents? Is This A Better Option?
ConsensusDocs documents are a series of form contracts that were put together by a group of organizations that represent contractors and other players in the construction industry, but that group does not include American Institute of Architects. The contract documents this group has developed are called ConsensusDocs because a series of trade organizations representing general contractors, sub-contractors, and other construction professionals, came together and reached a consensus on what should be included in these standard form contracts in a way that will overcome some of the shortcomings that they saw in the AIA contracts. For example, the ConsensusDocs agreements are not going to be as favorable to the architects and the owners. It is definitely more contractor-centric than AIA form contracts. In addition, they tend to be shorter than the AIA contracts.
For most contractors, ConsensusDocs will be easier to work with than AIA contracts. They are still long and fairly comprehensive, but not nearly as long as the AIA documents, and tend to use more straightforward everyday language. Although these are still lengthy, comprehensive documents, they tend to not address as many details as the AIA contracts. So for a contractor or construction professional who prefers to have everything laid out in as much detail as possible, and/or for one who finds comfort in knowing that the AIA contracts have a much longer history of analysis and interpretation to help resolve a dispute should one arise, then the AIA contract will still be a good choice. For those who prefer less complexity and length, the ConsensusDocs contracts will likely be a better fit.
If My Organization Chooses To Use A Standard Form Construction Contract For My Project, is It Advisable To Have That Contract Reviewed By An Attorney?
It is always advisable to have your contracts reviewed by an attorney, in part because the contracts can be edited. You will want to make sure any changes that were made to the contract don’t end up altering your rights in a way that will be detrimental to you. In addition, there might be terms that are built into the contract that either won’t work well for your project or are unfavorable to you.
During the process of negotiating and editing the contract, it certainly is a good idea to consult with a construction attorney to receive advice on what terms of the contract should be changed, and on which terms will be most useful and favorable to you. Even if there are no negotiations, it is still a good idea to have an attorney look over a contract to be able to identify any red flags or areas that are likely to cause the most problems.
For more information on Consensus Docs In The State Of Arizona, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 378-2400 today.
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