The most used ConsensusDocs standard contract document is the ConsensusDocs 751 Standard Short Form Subcontract. The Associated General Contractors of America (AGC), through its Contract Documents Forum, has just released comments to this popularly used standard subcontract document. These comments can be found at www.agc.org/contract as a member-only download on the bottom-right side of the webpage. General contractors will want to consider these comments in tailoring subcontract language for their own project-specific purposes – regardless of whether they are using a standard form or bespoke contract.
The AGC comments address critical risk allocation issues that are widely applicable to all construction subcontract provisions such as delay, damages, change orders, and payment provisions. “Pay-when-paid” language is also addressed and offers a “pay-if-paid” option as well. While AGC does not advocate for pay-if-paid language, it does offer such options for its members to consider.
ConsensusDocs publishes contractual best practices that are fair to all parties and are created by a coalition of over 40 organizations. Since ConsensusDocs are a consensus of the entire industry and AGC’s vote is no more or less than any other organization in the coalition, AGC’s comments provide a general contractor-specific perspective. AGC, one of the founding organizations of the ConsensusDocs Coalition, has been the most active organization in providing Guidebook comments. This AGC members-only resource requires members to log onto the AGC contract documents website to obtain access at http://www.agc.org/contract. Any questions about the document may be directed to AGC’s Senior Counsel on Construction Law, Brian Perlberg, at brian.perlberg@agc.org.
Additional Resources
- AGC Construction Law and Contracts page is here.
- AGC Guidebook Commentary to ConsensusDocs is here.
- Join the AGC Contract Documents Forum by going to: https://www.agc.org/member-benefits/agc-Forums and selecting the “Contract Documents Forum.”
More About AGC’s Contract Documents Forum
AGC’s Contract Documents Forum’s mission is to lead industry efforts in fair and balanced contract documents by being aware of the needs and concerns of AGC members and chapters; advocating for equitable risk; actively participating in ConsensusDocs working groups and educational efforts; and reinforcing AGC’s commitment to skill, responsibility, and integrity through contracts. To learn more or to get involved with the Forum, login to your AGC profile, select the tab for “Forum,” and then check the box for “Contract Documents.”