Contract Documents 11

[P1ENG]

I am wondering if the community would have sample contract documents they are will to share. In the past (10) years, I have only done engineering as a service and never under contract. That has changed this year and I don't know what I need to include and/or exclude in the contract. I'm sure there are contracts for varying degrees of responsibility, but I am looking for one that would cover a role as an engineer of record. The project is (4) story apartment building if that helps. Let me know if there are more questions I need to answer in order to get the right type of contract.

Juston Fluckey, SE, PE, AWS CWI
Engineering Consultant

 

[rn14]

You might consider buying one of these "canned" contracts.

http://www.acec.org/case/getting-involved/contracts-committee/

 

[CELinOttawa]

I would share, but the problem is these things tends to be quite specific to a jurisdiction. I suggest that if you haven't been doing contracts in your previous roles, you give strong consideration to the industry standard document for your area.

I see you are a PE, so likely USA. Here the documents would be the ACEC 31-2010. Hell, if your area doesn't have something similar, buy a license and adapt the ACEC. Very comprehensive, but again you can likely do better with something local.

 

[TehMightyEngineer]

I'd also love to learn more about contracts. It's one of those things that I'm finding myself thinking I'll need to know the ins and outs in the next few years.

Professional and Structural Engineer (ME, NH, MA)
American Concrete Industries

http://www.americanconcrete.com

 

[P1ENG]

Thanks for the replies so far. I don't think I am at the point of throwing money at a prefabricated contract right now. I just want to see what is in one to get me thinking what else I should include or exclude. We have already sent out our proposal based on an MEP contract. Seems like indemnification and arbitration/litigation would be the key things for me. I don't like this contract world... everything should just work on a handshake and honesty.

Juston Fluckey, SE, PE, AWS CWI
Engineering Consultant

 

[SteynvW]

everything should just work on a handshake and honesty

Wouldnt that make us sleep better at night!

 

[BUGGAR]

A termination clause is important.

 

[rn14]

If you don't want to buy a canned one, which I still suggest since it has obviously been reviewed by lawyers, I would make sure to hit these points at a minimum:
[ul]
[li]Description of work[/li]
[li]Deliverables[/li]
[li]What you are specifically excluding (ie, site visits) and will be billed as extra.[/li]
[li]What will be billed as a reimbursable (ie, printing costs).[/li]
[li]Limit of liability[/li]
[li]Payment terms[/li]
[/ul]

And then include a fee schedule as an attachment for them to sign also so they are aware of the rates for extras and reimbursables.

 

[sekwahrovert]

Our typical contracts have all been reviewed by our liability insurance provider. They and the attorneys they employ have been an excellent resource for us at no additional charge.

 

[graybeach]

NYSDOT has some sample consultant contracts you can find on-line.

 

[Ron]

I am attaching two documents. The first is a booklet I wrote on contract review for architects, engineers and contractors, but mostly for engineers. The second is a sanitized version of my standard contract for services. You will need to modify this to fit your circumstances, but it will give you a basic start.

These will be sent in two separate posts....

 

[Ron]

Here's the sanitized contract.....

 

[TehMightyEngineer]

I remember running across your "every word counts" document a while back (fantastic reference) but that sanitized contract makes a great starting point. You have some clauses in there that make a lot of sense and I haven't seen them in previous contracts my earlier employers used.

Professional and Structural Engineer (ME, NH, MA)
American Concrete Industries

http://www.americanconcrete.com

 

[rowingengineer]

Rons is good,

http://www.nceng.com.au/

"Programming today is a race between software engineers striving to build bigger and better idiot-proof programs, and the Universe trying to produce bigger and better idiots. So far, the Universe is winning."

 

[P1ENG]

Thanks guys!

Juston Fluckey, SE, PE, AWS CWI
Engineering Consultant

 

[thaidavid40]

I won't suggest the precise wording, as it would vary somewhat by custom in each legal jurisdiction, but we also include language to the effect that errors and omissions in documents and data provided to us by the owner, or his representatives and agents, and on which we rely, are the responsibility of others, and do not constitute any errors or omissions on our part.
Dave

Thaidavid

 

[RHTPE]

I used a "canned" contract as a starting point.

I have found my professional liability insurance underwriter to be a good reference for reviewing the details of a contract. They especially like a Limit of Liability clause.

For more gnarly contracts I have an attorney who is also a licensed professional engineer involved in construction.


Ralph
Structures Consulting
Northeast USA

 

[WARose]

Lately I have been including terms and conditions (along with scope) in the quote. (In other words: the contract document is essentially my quote.) Not sure if that would fly or not if push came to shove......but I guess it beats nothing.

 

[bigmig]

I can vouch that I have used a very similar contract to the one Ron posted. It is an excellent contract. I can tell you that from experience.
It flushes the rats right out into the sunlight because they flinch when they go to sign it. If you find someone who won't sign it or complains of the terms, that is a good sign of what is coming if you take that job.

I can also vouch that when things got tough, that contract holds people accountable. It is hard to break it because it is so specific and covers things very well.

A few things I have added to it over the years:

1. sleeper project clause to protect you when that monster job resurfaces years later when you have no time to manage it
2. specific payment terms in regards to shop drawing review, i.e. limiting how many times the contractor can send you a shop drawing and say "review this"
3. specific verbage about field verification of dimensions
4. review the indemnity clause with your laywer

 

[Ron]

Thanks, BigMig....I agree with your additions. I'll probable pirate a couple of those if you don't mind!