Contracts & Construction Law

FAQs

What is DocuBuilder?

DocuBuilder® allows you to easily create, amend and customize over ConsensusDOCS 70 contract documents. DocuBuilder is the exclusive method of gaining access to the exciting new content of ConsensusDOCS. Save time and expenses with DocuBuilder's advanced features!

How does it work?

Simply click here to purchase the contracts vended through DocuBuilder® software and follow the directions to download it. Once you have the DocuBuilder® program, you'll find it is as easy to use as a word processor. Print a version of your document that flags changes from the original language (view redlined document pdf), or print a clean, seamless document (view a clean document pdf). Create project–specific notes and custom headers, too.

How do I download the new DocuBuilder 6.2?

In order to access the new content, go to the DocuBuilder Download Center. Download and save the file. Once it has downloaded, double click on it to start the installation. Install over the current version on the applicable computer, client or server installation. You will not need a new access key, as long as you install the program on the same computer as the current 6.1 installation. Do not be concerned about your existing project files, because the new installation will not overwrite those files. When you access an existing project, you will be asked if you would like the projects to be updated. If you choose the "Apply Document Updates and Show Changes" option, the editorial corrections will be inserted into your existing contract.

What documents have editorial changes in the new DocuBuilder 6.2 and what information should I know before installing?

Editorial Corrections:
200—Owner/Contractor Agreement & General Conditions (Lump Sum)
205—Owner/Contractor Agreement, Short Form (Lump Sum)
260—Performance Bond
261—Payment Bond
300—Tri–Party Collaborative Agreement
410—Owner/Design–Builder Agreement and General Conditions (Cost Plus with GMP)
415—Owner/Design–Builder Agreement and General Conditions (Lump Sum)
420—Design–Builder and Architect/Engineer Agreement
500—Owner/Construction Manager Agreement/General Conditions (GMP)
510—Owner/Construction Manager Agreement/General Conditions (Cost of Work)
750—Contractor/Subcontractor Agreement
751—Contractor/Subcontractor Agreement (Short Form)
803—Owner and Architect/Engineer Agreement (CM is Owner?s Agent)

The following instruction applies only if you are installing version 6.2 on top of 6.1 and you want to update a project that includes one or more of the above documents:

These documents include new choice fields for Project Locations. If you accept the updates to a project including one of these documents, once the updates are complete you should examine the marked changes and click on the X excluding the changed paragraph to include new choices filed in your document.

Please note that you will not lose your old projects; however, you will be able to print only clean documents from your old projects. Because the underlying master documents have been moved or deleted altogether, these user documents can be printed as Clean Documents only (Document Comparison [Redline] will not be available for these converted documents). Some users print out or save pdfs of projects in redline format for archival purposes.

How can I learn more about the ConsensusDOCS contracts?

Review our helpful information on the Contract Catalog webpages. Each page will describe the separate catalog and the types of contracts you can find through this program.

How do I get a Participating Rate on ConsensusDOCS?

You get your Participating Rate from the member organization. Your organization will give you a promo code to get the Participating Rate.

How do I access the documents?

The documents are accessed through the DocuBuilder software which allows you to view, edit and print documents right on your computer. When you purchase the document an email will be sent with a link and the information you will need to download the software.

Which portions of the document can be modified in DocuBuilder?

All portions of the documents can be modified except the footer and logos. You are able to omit or add paragraphs, edit and delete text throughout the document.

Why should I get a subscription vs. a Meter Mode account?

Annual Subscription

Advantages:
  • Unlimited use of documents within the subscription group are available to you for one year
Disadvantages:
  • Only documents within your subscription group are available to you

Meter Mode

Advantages:
  • After paying the minimum deposit, your account is debited only for those documents you print or convert to .pdf files. View and print draft copies of all documents at no charge
  • All documents are available for viewing as long as there is money in the meter account
  • Currently there is no time limit on the meter
  • A metered account can be combined with a subscription for access to documents needed only infrequently
  • A metered account can be replenished at any time
Disadvantages:
  • The specified document cost is deducted from the account each time a document is printed or converted to .pdf, even if it is for the same project
  • Watermarks prevent draft copies from being used as final documents
  • If your meter is running low, you may not be able to print a document without replenishment

What is Meter Mode?

Generally, users choose annual subscriptions. However, if you only want access to a few documents, or your needs are so varied that you want to test drive the product, try Meter Mode. Instead of an annual subscription to DocuBuilder®, you may deposit $200 to create an online account and view the entire text of the documents at no charge. Access, edit, and share any document, and only pay when you print final documents. Final outputs will charge your account in the amount established on the Meter Value Chart for that document. For example, an agreement typically costs $35 and an administrative form costs $5.

How do I replenish my meter mode account?

  1. You will need your "Meter Account Number" in order to replenish you account. This can be found in two places
    1. You can either find it in the confirmation e–mail you received when you originally ordered DocuBuilder. It is the number just after your contact info and purchase number, where it says "DocuBuilder Meter/Subscription Account Number: ____."
    2. Or you can find it by opening your DocuBuilder program and go to "File." Under "Registration and Settings," look for your "Meter Account Number," lower right
  2. Even though you won't be downloading the software again, go to www.agc.org/bookstore
  3. Log–in, by clicking on "Login Here" at the top left of the page
  4. Choose DocuBuilder Meter Mode – Software Download
  5. Once the next page opens, it will be the second item on the page: DocuBuilder Meter Mode: Replenishment
  6. To add this product to your cart, click on the shopping cart icon to the left of the product title
  7. Then scroll down to the bottom of the page and click "View shopping cart"
  8. If you want to buy $50 of Meter Mode, click "Check Out"
  9. If you want to buy $100 or more worth of Meter Mode, select a quantity of 2 or more and be sure to click the "Update Quantity" button before you click "Check Out." Replenishment vend in $50 increments
  10. You will then be asked to enter your "DocuBuilder Account Number." This is the number you looked up in step 1. Enter this now, and then click "Next"
  11. Enter in your payment information and hit "Submit Payment"
  12. You will then see your Purchase details, with a new Electronic Invoice ID (EID)
  13. Open your DocuBuilder program and go to "File" and then "Registration and Settings"
  14. The next box that appears will allow you to click on "Register Product Online"
  15. In the next dialog box you will need to enter your new Electronic Invoice ID (EID) number which was provided to you in step 13, and also sent to you in the purchase information e–mail
  16. After filling in your EID and clicking OK, you should receive a message that your product was successfully registered

Do I get my money back if I do not use all of the $200 that I put in to the Meter mode account?

The money that you put in to your Meter Mode account is not refundable. However, it never expires so your never lose the money either.

Can I upgrade my previous DocuBuilder subscription or Meter Mode Account?

Yes! It is free of charge. Please call (800) 282–1423 and press 1 for sales assistance.

How can I get a paper document?

Paper documents are not offered. If you need only a few documents or want to test drive DocuBuilder, Meter Mode may be the right choice. This option allows you to view all the documents, print draft copies, and then the money is subtracted from your initial $200 deposit when you print final copies.

What if I want just one contract?

You can not purchase single documents. You will need to purchase either a subscription or a Meter Mode Account.

How can I be sure I have the indemnity agreement required by insurance companies?

These are included in all our subcontracts.

How do ConsensusDOCS contracts compare to AIA contracts and other previously published documents?

Here are links to comparison charts provided by top construction lawyers in the country:

http://www.agc.org/galleries/contracts/OConnor-Hinkle%20comparison%2050208%20cb.pdf

http://www.agc.org/galleries/contracts/Seyfarth%20comparison.pdf

http://www.agc.org/cs/industry_topics/contracts_construction_law/additional_resources

What is the goal of the partnership between the industry stakeholders and the ConsensusDOCS (formerly known as CICC)?

The coalition of associations represents diverse interests in the construction industry who are collaborating on the development of standard form construction contract documents. The ConsensusDOCS will transform industry standard form documents and increase efficiency in contract negotiations and project execution.

Does it have an official name?

ConsensusDOCS. DOCS stands for Designers, Owners, Contractors, Subcontractors/Sureties which represents the wide range of associations participating in this collaborative consensus effort.

What is the goal of the document being created?

ConsensusDOCS goal is to better the industry by proving standard contract documents that reflect a consensus for best practices. Using these documents will allow parties to focus on project results rather than be stuck negotiating contract terms or worse contract claims to assess fault.

Standard form documents often act as beginning point in construction projects negotiations. Shouldn't all parties to a construction contract have confidence that their respective association had a true seat at the drafting table? All of the major industry associations were invited to the drafting table. ConsensusDOCS provide fair risk allocation for all parties and utilize industry best practices. The documents always keep in mind the projects' best interests (rather than protect a singular overriding interest of one party participant). In addition, ConsensusDOCS address and incorporate the latest advances and trends in the industry, such as electronic communications and Building Information Modeling (BIM).

When is it set to be announced? Or has it already?

The effort to draft new consensus standard contract documents has been on–going for almost three years, and has been mentioned in many of the participating associations magazines. We expect to have a more extensive media campaign for the documents beginning this summer.

The documents will be released Fall 2007.

Who is involved in the organization?

The following groups have participated in developing ConsensusDOCS:

National Association of State Facilities Administrators (NASFA)
Construction Users Roundtable (CURT),
Construction Owners Association of America (COAA),
Associated General Contractors of America (AGC),
Associated Specialty Contractors, Inc. (ASC),
Construction Industry Round Table (CIRT),
American Subcontractors Association, Inc. (ASA),
Associated Builders and Contractors (ABC),
Lean Construction Institute (LCI),
Finishing Contractors Association (FCA),
Mechanical Contractors Association of America (MCAA),
National Electrical Contractors Association (NECA),
National Insulation Association (NIA),
National Roofing Contractors Association (NRCA),
Painting and Decorating Contractors of America (PDCA),
Plumbing–Heating–Cooling Contractors—Association (PHCC),
National Subcontractors Alliance (NSA),
Sheet Metal and Air Conditioning Contractors' National Association (SMACNA),
National Association of Surety Bond Producers (NASBP),
Surety & Fidelity Association of America (SFAA), and
Engineers Joint Contract Documents Committee (EJCDC)

Most, but not all of the above groups have already endorsed the forth coming documents.

How do I become a member of these organizations?

To become a member of these organizations you will need to contact the individual participating organizations you are interested in joining. See the list above.

Why is industry collaboration between owners, designers and contractors so important?

There is a growing frustration in the industry that parties, owners in particular, are presented with heavily modified standard form documents that hardly resemble the original text. Parties often perceive standard documents drafted ultimately by a singular organization as protective of that organization. Moreover, it is also hard to keep up with the many "standard documents" that have surfaced in recent years. Parties in the Houston market report 54 different versions of "standard" documents being used. This makes the construction process less efficient and fractured.

The ConsensusDOCS drafting process was similar to negotiations for a specific project contract. Parties with different viewpoints who have a large stake in the project outcome each had a vote before the contract is "signed off." Moreover, there was synergy gained from these various viewpoints. The contracts address cutting edge issues, like Tri–Party Collaboration (also known as alliancing), Building Information Modeling (BIM) and electronic communication between the parties. Finally, the documents encourage direct communication among all parties while aligning the parties' interests with the project's best interest.

Why would you say this document deserves the title as an "historic" document?

The construction industry is fractured and at times reactive. ConsensusDOCS is a collaboration that will transform industry standard documents. The leading construction associations representing owners, contractors, designers and sureties are uniting to better serve the industry by producing balanced contracts that are actively supported by all parties. The level of diverse buy–in for these contracts is unprecedented and reflects a genuine effort to work collaboratively to determine industry best practices for standard form contracts.