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CHANGES AND WHAT THEY MEAN FOR YOU2013 EJCDC CONSTRUCTION DOCUMENT SERIES
Matthew Skidmore, P.E.
NC AWWA-WEA 95TH ANNUAL CONFERENCE
WHO AND WHAT IS EJCDC?
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• JV of 3 Sponsoring Organizations; ACEC, ASCE, NSPE
• Liaison Organizations: Various owner, contractor, surety, insurance, attorney, equipment manufacturer, and other professional organizations
• Origins: First docs published 1964 by NSPE/PEPP; first EJCDC docs published 1978
• Leading contracts for public works/infrastructure. Also suitable for “vertical construction”
WHO AND WHAT IS EJCDC?
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• EJCDC Mission
• “EJCDC is a coalition of stakeholders in the project delivery process who develop and endorse quality contract documents and encourage their use through education and promotion.”
• Different families of documents including Construction, Engineering, and Procurement
• Used by many local engineering firms and municipal entities for Contract Documents
2013 CONSTRUCTION SERIES UPDATES
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• Integrated series of 25 documents• C-700, Standard General Conditions of the Construction
Contract is the keystone of the construction series
• Major overhaul of previous 2007 version• Traditional Design-Bid-Build projects• Assumes the design engineer is involved during
construction• Intended for engineer-designed construction• Tend to favor Owner, but endorsed by:
• Construction Specifications Institute (CSI)• National Utility Contractors Association (NUCA)
OVERVIEW OF 2013 CHANGES TO GENERAL CONDITIONS
• SITE CONDITIONS• CHANGES TO THE CONTRACT• CLAIMS• MULTIPLE PARTIES WORKING AT SITE
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SITE CONDITIONS
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SITE CONDITIONS - TECHNICAL DATA
Current 2013• As defined in
Supplementary Conditions
• Specifically list the information in reports considered to be Technical Data• Boring Logs• Water Levels• Laboratory Tests
Previous 2007• Contract
Documents Identify reports and drawings indicating subsurface and physical conditions
• No explicit description of what information is considered technical data
Default Definition• First-cap term
“Technical Data”• Default definition if
no Technical Data identified
• Factual objective measurements from reports prepared specific to the project becomes Technical Data by default
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TECHNICAL DATA
EJCDC Intent• Create a default, baseline condition of what
Bidders and Contractors may rely on for planning purposes
• Stating that drawings and reports are not considered Contract Documents does not prejudice or defeat Contractor’s ability to rely on Technical Data
CHANGES TO THE CONTRACT
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Engineer Review• 30 day review
period
• Approve or deny, either whole or in part
• Notification to parties that Engineer is unable to render a decision
• Take no action (considered to be a denial in whole)
Current 2013• Established Change
Proposal process
• Contractor submits Change Proposal at any point
• On own volition
• In response to Owner/Engineer prompt
Previous 2007• No Contractor-
initiated changes
• Contractor submitted change proposal/request in response to Owner/Engineer request
• No formal review process. If unable to agree on price/time, file a Claim.
CHANGES TO THE CONTRACT
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CHANGE PROPOSAL
Change Proposal on Contractor’s own volition
Contractor Proposed Changes
in Work
Owner Provides Response
Engineer Evaluates and Provides Owner
Recommendation
Proposed Change
Eliminated
Change OrderAccepted
Rejected
Change Proposal prompted by Owner/Engineer/OtherOwner-Authorized
Changes to the Work
Contractor Submits Change Proposal
Contractor Notice of Delay
Contractor Notice of Change in Laws
or Regulations
Contractor Notice of Damage to Work
by Others
Change in Subcontractor
Required by Owner
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CHANGE PROPOSAL
• EJCDC Intent• Emphasizes the routine nature of many
adjustments in Contract Times and/or Prices• Attempts to resolve minor “first-level” issues at
an informal level• Limits issues reaching Claim status and the
contentiousness that often accompanies this
CLAIMS
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Engineer’s Role• Claims negotiated
directly between Owner and Contractor
• Engineer provides technical input to Owner as appropriate
Current 2013• Narrowed
definition of Claim
• Appeal of Engineer’s decision on Change Proposal
• Owner’s initial avenue for changes to Contract Time and/or Price.
• Disputes that Engineer is unable to address
Previous 2007• Defined as any
demand or assertion seeking change to Contract Time and/or Price
• Decided by “impartial” Engineer
CLAIMS
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Owner Claim
Contractor Claim
Direct Negotiations Mediation
Change Order
Dispute Resolution Litigation/Arbitration
Negotiation Unsuccessful
Negotiation Successful
MediationUnsuccessful
MediationSuccessful
CLAIMS PROCESS
Claim can be withdrawn at any point in this process
CLAIMS
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• EJCDC Intent• Claims will be viewed as significant project events
that will involve higher-level decision makers• Engineer is no longer required to be an impartial
arbiter of Claims• Engineer doesn’t appear to be unbiased when
they are being paid by Owner
MULTIPLE PARTIES AT THE SITE
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Owner’s Role• Owner may issue
Change Order to compensate damaged Contractor
• Owner may then submit a Claim against party responsible for damage and impose set-off
• Owner may impose set-off for delays to work performed by Owner’s staff
Current 2013• In the event of
unforeseen damage and/or delay, Claims follow line of privity through Owner
• Contractor may submit Change Proposal for damages by another contractor working directly for Owner
Previous 2007• Contractors
pursued claims against each other
• No Owner or Engineer involvement
• Contractor left with few options in the event of unforeseen damage and/or delay
MULTIPLE PARTIES AT THE SITE - CONFLICT
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MULTIPLE PARTIES AT THE SITE
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• EJCDC Intent• Provide a practical remedy for Contractor to
resolve issues with other contractors on site.• All work must be done directly for the Owner, by
arrangement of the Owner. Utilities working on their own typically do not apply.
SUMMARY
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• EJCDC Intent of 2013 Construction Series changes• Documents updated to reflect changes within the
construction industry• Logical allocation of risk between all parties• Provide clear and thorough direction to all parties• Be responsive to needs of all parties
INFORMATION AVAILABLE FROM EJCDC
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• Online Guidance• EJCDC.org• ASCE.org• NSPE.org• ACEC.org
• EJCDC Narrative Documents• White papers• Standard form documents include
“Notes to User” to assist in preparation• Seminars and webinars by EJCDC and member
organizations
DISCUSSION & QUESTIONS
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