Associated Owners and Developers (AOD) has
announced the release of the
AOD 2002 GC - Standard Form of Agreement between Owner and Contractor
where the Price is Lump Sum (the "Agreement"). The Agreement is the
first in a series of standard form construction documents that AOD will
soon make available for use throughout the industry.
"The Agreement will change the way in which standard form
agreements are used on construction projects," according to Ira Genberg,
AOD's general counsel and chairman of the overseeing committee for the
drafting of the Agreement. Genberg leads the construction law and
litigation department at Smith, Gambrell & Russell, LLP, the century-old
Atlanta law firm that drafted the Agreement.
Genberg explains that, "Our approach in drafting the
Agreement
was to learn from the past with a view toward the future. We took a
hard look at the provisions in other standard form agreements, and asked
how we could better promote the success of the project and the interests
of all parties involved. We wanted a standard form contract that is
both project driven and fundamentally fair to the parties."
This approach led to many innovations, including the
use of a
menu system that provides the building team with a choice in how they
address some of the more commonly negotiated contract provisions. The
menu system allows the parties to review several alternate provisions
and select the standard provision that best fits the project and their
concerns. As a result, said parties can customize the Agreement using
standard form language. Other standard form agreements may be
customized only by using non-standard language, which often leads to
inconsistencies, prolonged negotiations, and uncertainty as to the legal
interpretation of such language.
Despite allowing customization, the Agreement does not
fundamentally alter the traditional balance of risk between
parties. Traditionally, risk is assigned to the party best able to
manage it. However, while other standard form agreements have
increasingly shifted more risk to the Owner, the AOD Agreement does not
automatically assign to the Owner risks that cannot be fairly assigned
to other parties. Rather, the Agreement splits these risks between the
parties.
AOD's standard form of agreement between owner and contractor
for a fixed or lump-sum is now available to the public.
For more information on AOD 2002 GC contract, please contact Connie at
AOD at Tel:703-734-2397 Fax 703-734-2908 e-mail
aod@constructionchannel.net
Cost: Non Members - $250.00 US - Members - FREE
For more information on Associated Owners & Developers, please go to
the Construction Channel via
www.constructionchannel.net and tag onto
Associated Owners & Developers (AOD)