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Document number: ECRI-TC-004 Page: 1 of 40 Revised: 4 January 2010 Survey of Standard Form of Contracts for the E&C Industry NOTICE Subject to the disclaimer in the third and fourth sentences of this Notice, this document and its contents may be downloaded, reproduced, modified and adapted by any Sponsor of the Engineering & Construction Risk Institute, Inc. (“ECRI”) for its exclusive use. Other reproduction, dissemination, use or modification of the Web site posting of this document is prohibited without ECRI’s prior written agreement. ECRI, a nonprofit corporation incorporated under the laws of the District of Columbia (“ECRI”), and its directors, officers, employees and advisers make no representations or warranties (express, implied or statutory) with respect to the accuracy or completeness of any information disseminated by ECRI or its suitability for any purpose and assume no responsibility for the content of such information or the consequences of using it, which shall be at the sole risk of its user. ECRI web site references to other organizations or individuals or their publications, programs, information or services does not imply any ECRI endorsement of any kind. ENGINEERING & CONSTRUCTION RISK INSTITUTE Purpose: The purpose of this document is to provide an inventory which shares the ECRI Sponsors knowledge of the standard contract formats used throughout the E&C industry. Introduction: The utilization of an industry standard contract is common practice throughout the world particularly with regard to civil and building works. The standard forms discussed in this document cover contracts used in Australia, Canada, USA, United Kingdom and South Africa. This document can be updates by the Sponsors to provide critique or relevant recommendations. Application: Australia Standards Australia International New South Wales Government Canada Canadian Construction Documents Committee FDIC USA Associated General Contractors American Association of Architects Engineers Joint Contract Documents Committee Associated Owners & Developers Construction Management Association of America Design Build Institute of America Project Services Management Journal United Kingdom Institution of Chemical Engineers New Engineering Contract South Africa South African Institution of Civil Engineers Joint Building Contracts Committee Committee of Land Transport Officials Application: The utilization of an industry standard contract is a decision jointly made by owner and contractor and varies by industry and jurisdiction,
Transcript
Page 1: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 1 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

NOTICE Subject to the disclaimer in the third and fourth sentences of this Notice, this document and its contents may be downloaded, reproduced, modified and adapted by any Sponsor of the Engineering & Construction Risk Institute, Inc. (“ECRI”) for its exclusive use. Other reproduction, dissemination, use or modification of the Web site posting of this document is prohibited without ECRI’s prior written agreement. ECRI, a nonprofit corporation incorporated under the laws of the District of Columbia (“ECRI”), and its directors, officers, employees and advisers make no representations or warranties (express, implied or statutory) with respect to the accuracy or completeness of any information disseminated by ECRI or its suitability for any purpose and assume no responsibility for the content of such information or the consequences of using it, which shall be at the sole risk of its user. ECRI web site references to other organizations or individuals or their publications, programs, information or services does not imply any ECRI endorsement of any kind.

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Purpose: The purpose of this document is to provide an inventory which shares the ECRI Sponsors knowledge of the standard contract formats used throughout the E&C industry. Introduction: The utilization of an industry standard contract is common practice throughout the world particularly with regard to civil and building works. The standard forms discussed in this document cover contracts used in Australia, Canada, USA, United Kingdom and South Africa. This document can be updates by the Sponsors to provide critique or relevant recommendations. Application: Australia Standards Australia International New South Wales Government Canada Canadian Construction Documents Committee FDIC USA Associated General Contractors American Association of Architects Engineers Joint Contract Documents Committee Associated Owners & Developers Construction Management Association of America Design Build Institute of America Project Services Management Journal United Kingdom Institution of Chemical Engineers New Engineering Contract South Africa South African Institution of Civil Engineers Joint Building Contracts Committee Committee of Land Transport Officials Application: The utilization of an industry standard contract is a decision jointly made by owner and contractor and varies by industry and jurisdiction,

Page 2: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 2 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Australia Standards Australia

International

AS4000 Australian Standard for Design-Build

Services

Australia SAI AS4122 Australian Standard for Consultancy

Services

Australia New South Wales Government

GC21 (Edition 1) General Conditions of Contract for Design

(to the extent specified) and Construction

Canada CCDC – Canadian

Construction Documents Committee

CCDC2e Stipulated Price Contract

Canada CCDC – CCDC3e Cost Plus Contract

Canada CCDC – CCDC9a Statutory Declaration by Contractor

Canada CCDC – CCDC9B Statutory Declaration by Subcontractor

Canada CCDC – CCDC10e Stipulated Price Bid

Canada CCDC – CCDC11e Contractor’s Qualification

Statement

Canada CCDC – CCDC12e Project Financial Information

Canada CCDC – CCDC14e Design-Build Stipulated Price

Contract

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Document number:

ECRI-TC-004

Page: 3 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Canada CCDC – CCDC15e Design Builder Consultant Contract

Canada CCDC – CCDC18e Civil Works Contract

Canada CCDC – CCDC20e A Guide to the Use of CCDC2 1994

Stipulated Price Contract

Canada CCDC – CCDC21e A Guide to Construction

Insurance

Canada CCDC – CCDC22e A Guide to Construction Surety

Bonds

Canada CCDC – CCDC23 A Guide to Calling Bids and Awarding

Contracts

Canada CCDC – CCDC24e A Guide to Model Forms and Support

Documents

Canada CCDC – CCDC40e Rules for Mediation and Arbitration of

Construction Disputes

Canada CCDC – CCDC43e A Guide to the Use of Cost Plus Contract

Canada CCDC – CCDC48e A Guide to the Use of CCDC 18-2001

FIDIC FIDIC Red Book - FIDIC's International Civil

Engineering Conditions, 4th

Edition 1987/1992

- General conditions, Part 1 - 1987 and 1992

versions - Conditions of

Particular Application,

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Document number:

ECRI-TC-004

Page: 4 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Part II - FIDIC 4th - A

Practical Legal Guide By E C Corbett

- Clause by clause commentary

- Over 90 sample notices

- Tables and introduction - PLUS the

Supplement addressing the 1992

amendments - FIDIC's own User's

Guide - Commentary by the

draftsmen

FIDIC FIDIC Red Book - FIDIC's Construction Contract 1999

- Part I General Conditions

- Guidance for Particular Conditions

- Tender and Appendix to Tender - Forms of Contract

Agreement - and DAB Agreement

- Example Bonds

FIDIC FIDIC Yellow Book - FIDIC's Plant and Design-Build 1999

- Part I General Conditions

- Guidance for Particular Conditions

- Tender and Appendix to Tender - Forms of Contract

Agreement - and DAB Agreement

- Example Bonds

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Document number:

ECRI-TC-004

Page: 5 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

FIDIC FIDIC Silver Book - FIDIC's EPC Turnkey 1999

- Part I General Conditions

- Guidance for Particular Conditions

- Tender and Appendix to Tender - Forms of Contract

Agreement - and DAB Agreement

- Example Bonds

FIDIC FIDIC Green Book - FIDIC's Short Form

1999

- Part I General Conditions

- Guidance for Particular Conditions

- Tender and Appendix to Tender - Forms of Contract

Agreement - and DAB Agreement

- Example Bonds

FIDIC FIDIC Combined Book - All 4 of FIDIC's 1999

Contracts

- Part I General Conditions

- Guidance for Particular Conditions

- Tender and Appendix to Tender - Forms of Contract

Agreement - and DAB Agreement

- Example Bonds

FIDIC FIDIC Orange Book - Conditions of

Contract for Design-Build and Turnkey

1995 Edition

- FIDIC's Orange Book Conditions of

Contract for Design-Build and Turnkey

- General conditions, Part 1

- Conditions of Particular Application,

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Document number:

ECRI-TC-004

Page: 6 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Part II - Tender, Appendix

and Agreement - FIDIC's own User's Guide to the Orange

Book - Commentary by the

draftsmen

USA AGC – Associated

General Contractors

AGC 200 Standard Form of Agreement and

General Conditions Between Owner and

Contractor (Where the Contract Price is a

Lump Sum)

USA AGC – AGC 200.1 Potentially Time & Price-Impacted

Materials Amendment. NEW!

USA AGC – AGC 202 Change Order

USA AGC – AGC 203 Interim Directed Change

USA AGC – AGC 204 Request for Information, 2005 edition. COMING

SOON!

USA AGC – AGC 205 Standard Short Form Agreement Between

Owner and Contractor (Where the Contract

Price is a Lump Sum)

USA AGC – AGC 220 Contractor's Qualification Statement for

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Document number:

ECRI-TC-004

Page: 7 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Engineered Construction

USA AGC – AGC 221 Contractor's Statement of

Qualifications for a Specific Project

USA AGC – AGC 222 Architect/Engineer's Statement of

Qualifications for a Specific Project

USA AGC – AGC 230 Standard Form of Agreement and

General Conditions Between Owner and

Contractor (Where the Basis of Payment is the Cost of the Work

with an Option for Preconstruction

Services)

USA AGC – AGC 235 Standard Short Form Agreement Between

Owner and Contractor (Where the Basis of Payment is the Cost

of the Work)

USA AGC – AGC 240 Standard Form of Agreement Between

Owner and Architect/Engineer

USA AGC – AGC 246 Standard Form of Agreement Between

Owner and Geotechnical Consultant

USA AGC – AGC 250 Standard Form of

Page 8: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 8 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Agreement and General Conditions Between Owner and

Contractor (Where the Basis of Payment is a Guaranteed Maximum Price with an Option for Preconstruction

Services)

USA AGC – AGC 260 Performance Bond

USA AGC – AGC 261 Payment Bond

USA AGC – AGC 262 Bid Bond

USA AGC – AGC 263 AGC Warranty Bond

USA AGC – AGC 280 Certificate of Substantial Completion

USA AGC – AGC 281 Certificate of Final Completion

USA AGC – AGC 291 Application for Payment (Where the

Basis of Payment is a GMP)

USA AGC – AGC 292 Application for Payment (Where the Contract Price is a

Lump Sum)

USA AGC – AGC 293 Schedule of Values

USA AGC – AGC 299 Standard Form of Project Joint Venture Agreement Between

Contractors

USA AGC – AGC 400 Preliminary Design-Build Agreement

Between Owner and

Page 9: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 9 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Design-Builder

USA AGC – AGC 410 Standard Form of Design-Build

Agreement and General Conditions Between Owner and

Design-Builder (Where the Basis of Payment is the Cost of the Work Plus a

Fee with a Guaranteed Maximum Price)

USA AGC – AGC 415 USA AGC – Associated

General Contractors

USA AGC – AGC 420 USA AGC – Associated

General Contractors

USA AGC – AGC 421 Design-Builder's Statement of

Qualifications for a Specific Project

USA AGC – AGC 450 Standard Form of Agreement Between Design-Builder and

Subcontractor (Where the Design-Builder

Assumes the Risk of Owner Payment)

USA AGC – AGC 455 Standard Form of Agreement Between Design-Builder and

Subcontractor (Where the Design-Builder

Page 10: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 10 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

and the Subcontractor Share the Risk of Owner Payment)

USA AGC – AGC 460 Standard Form of Agreement Between Design-Builder and

Design-Build Subcontractor (Where

the Subcontractor Provides a

Guaranteed Maximum Price and Where the

Design-Builder Assumes the Risk of

Owner Payment)

USA AGC – AGC 465 Standard Form of Agreement Between Design-Builder and

Design-Build Subcontractor (Where

the Subcontractor Provides a

Guaranteed Maximum Price and Where the Design-Builder and the Subcontractor Share the Risk of Owner Payment):

USA AGC – AGC 470 Design-Build Performance Bond

(Where the Surety Is Liable for the Design Costs of the Work):

1999.

USA AGC – AGC 471 Design-Build Performance Bond

(Where the Surety Is

Page 11: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 11 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Not Liable for the Design Services):

1999.

USA AGC – AGC 472 Design-Build Payment Bond (Where the

Surety Is Liable for the Design Costs of

the Work): 1999.

USA AGC – AGC 473 Design-Build Payment Bond (Where the

Surety Is Not Liable for the Design

Services): 1999.

USA AGC – AGC 480 AIA/AGC Recommended Guidelines for

Procurement of Design-Build Projects in the Public Sector:

1995.

USA AGC – AGC 491 Design-Builder's Application for

Payment (Where the Basis of Payment of

the Design-Build Agreement Is the Cost

of the Work and a GMP Has Been

Established): 1999

USA AGC – AGC 492 Design-Builder's Application for

Payment (Where the Basis of Payment of

the Design-Build Agreement Is a Lump

Sum): 1999

Page 12: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 12 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

USA AGC – AGC 495 Change Order For Cost Plus With GMP

Design-Build Contracts: 1999.

USA AGC – AGC 496 Change Order For Lump Sum Design-

Build Contracts: 1999.

USA AGC – AGC 499 Design-Build Teaming Agreement

USA AGC – AGC 510 Standard Form of Construction Management

Agreement Between Owner and

Construction Manager (Where the

Construction Manager is the Owner's Agent

and The Owner Enters Into All Trade

Contractor Agreements)

USA AGC – AGC 520 Standard Form of Agreement Between

Owner and Trade Contractor (Where the Construction Manager Is The Owner's Agent)

USA AGC – AGC 525 Change Order/Construction

Manager Fee Adjustment

USA AGC – AGC 530 Standard Form of Agreement Between

Owner and Architect/Engineer

Page 13: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 13 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

(Where a Construction Manager

Acting as an Agent Has Been Retained by

the Owner)

USA AGC – AGC 565 Standard Form of Agreement Between

Owner and Construction Manager

(Where the Construction Manager

Is Also the Constructor)

USA AGC – AGC 566 Standard Form of Agreement Between

Owner and Construction Manager

(Where the Construction Manager

Is Also the Constructor and

Where the Basis of Payment Is the Cost of the Work Plus a

Fee and There Is No Guarantee of Cost)

USA AGC – AGC 601 Standard Form of Subcontract for Use

on Federal Construction

REVISED

USA AGC – AGC 602 Standard Form Purchase Order COMING SOON!

USA AGC – AGC 603 Standard Short Form Agreement Between

Contractor and

Page 14: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 14 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Subcontractor (Where Contractor Assumes

Risk of Owner Payment)

USA AGC –

AGC 604 Standard Short Form Agreement Between the Contractor and

Subcontractor (Where Contractor and

Subcontractor Share Risk of Owner

Payment)

USA AGC – AGC 605 Invitation to Bid/Subbid REVISED

USA AGC – AGC 606 Subcontract Performance Bond

REVISED

USA AGC – AGC 607 Subcontract Payment Bond REVISED

USA AGC – AGC 610 Subcontractor's Application for

Payment

USA AGC – AGC 630 Standard Form of Agreement Between

Contractor and Testing Laboratory

USA AGC – AGC 621 Subcontractor Statement of

Qualifications for a Specific Project NEW!

USA AGC – AGC 650 Standard Form of Agreement Between

Contractor and Subcontractor (Where

Page 15: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 15 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Contractor Assumes Risk of Owner

Payment)

USA AGC – AGC 650.1/655.1 Standard Form Rider Between Contractor

and Subcontractor for Storage of Materials at Subcontractor's

Yard

USA AGC – AGC 655 Standard Form of Agreement Between

Contractor and Subcontractor (Where

Contractor and Subcontractor Share

Risk of Owner Payment)

USA AGC – AGC 660 Subcontract Bid Bond REVISED

USA AGC – AGC 670 Standard Form of Agreement Between

Contractor and Subcontractor for

Federal-aid Highway Work

USA AGC – AGC 695 Subcontract Change Order NEW!

USA AGC – AGC 696 Subcontract Interim Directed Change

NEW!

USA AGC – AGC 800 Standard Form of Program Management

Agreement and General Conditions Between Owner and Program Manager

Page 16: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 16 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

USA AGC – AGC 810 Standard Form of Agreement Between Owner and Owner's

Representative Member

USA AIA – The American

Institute of Architects

A101TM 1997 Standard Form of Agreement

Between Owner and Contractor where the Basis of Payment is a

Stipulated Sum

USA AIA – A107TM 1997 Abbreviated Standard Form of

Agreement Between Owner and Contractor

for Construction Projects of Limited Scope Where the

Basis of Payment is a Stipulated Sum

USA AIA – A111TM 1997 Standard Form of Agreement

Between Owner and Contractor Where the Basis of Payment is the Cost of the Work

Plus a Fee with a Negotiated

Guaranteed Maximum Price

USA AIA – A114TM 2001 Standard Form of Agreement

Between Owner and Contractor Where the Basis of Payment is

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Document number:

ECRI-TC-004

Page: 17 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

the Cost of the Work Plus a Fee without a

Guaranteed Maximum Price

USA AIA – A201TM 1997 General Conditions of the

Contract for Construction

USA AIA – A201TM SC-1999 Federal Supplementary

Conditions of the Contract for Construction

USA AIA – A401TM 1997 Standard Form of Agreement

Between Contractor and Subcontractor

USA AIA – A511TM 1999 Guide for Supplementary

Conditions

USA AIA – A701TM 1997 Instructions to Bidders

USA AIA – B141TM 1997 Standard Form of Agreement

Between Owner and Architect with

Standard Form of Architect's Services

USA AIA – B144TM ARCH-CM-1993 Standard Form of Amendment to the

Agreement Between Owner and Architect Where the Architect

Provides Construction

Page 18: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 18 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Management Services as an Adviser to the

Owner

USA AIA – B151TM 1997 Abbreviated Standard Form of

Agreement Between Owner and Architect

USA AIA – B163TM 1993 Standard Form of Agreement

Between Owner and Architect for

Designated Services

USA AIA – B181TM 1994 Standard Form of Agreement

Between Owner and Architect for Housing

Services

USA AIA – B188TM 1996 Standard Form of Agreement

Between Owner and Architect for Limited

Architectural Services for

Housing Projects

USA AIA – B204™ 2004 Standard Form of Architect’s

Services: Value Analysis, for use where the Owner Employs a Value

Analysis Consultant

USA AIA – B205™ 2004 Standard Form of Architect’s

Services: Historic Preservation

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Document number:

ECRI-TC-004

Page: 19 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

USA AIA – B206™ 2004 Standard Form of Architect’s

Services: Security Evaluation and

Planning

USA AIA – B210™ 2004 Standard Form of Architect’s

Services: Facility Support

USA AIA – B211™ 2004 Standard Form of Architect’s

Services: Commissioning

USA AIA – B214™ 2004 Standard Form of Architect’s

Services: LEED® Certification

USA AIA – B352TM 2000 Duties, Responsibilities and

Limitations of Authority of the

Architect's Project Representative

USA AIA – B511TM 2001 Guide for Amendments to AIA

Owner-Architect Agreement

USA AIA – B727TM 1988 Standard Form of Agreement

Between Owner and Architect for Special

Services

USA AIA – B801TM CMa-1992 Standard Form of Agreement Between Owner and

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Document number:

ECRI-TC-004

Page: 20 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Construction Manager

USA AIA – B901TM DB-1996 Standard Form of Agreement

Between Design/Builder and

Architect

USA AIA – C141TM 1997 Standard Form of Agreement

Between Architect and Consultant

USA AIA – C142TM 1997 Abbreviated Standard Form of

Agreement Between Architect and

Consultant

USA AIA – C727TM 1992 Standard Form of Agreement

Between Architect and Consultant for Special Services

USA AIA – C801TM 1993 Joint Venture Agreement for

Professional Services

USA AIA – D101TM 1995 Methods of Calculating Areas and Volumes of Buildings

USA AIA – D200TM 1995 Project Checklist

USA AIA – G601TM 1994 Request for Proposal-Land Survey

USA AIA – G602TM 1993 Request for Proposal-

Geotechnical Services

USA AIA – G605TM 2000 Notification of Amendment to the

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Document number:

ECRI-TC-004

Page: 21 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

ENGINEERING & CONSTRUCTION RISK INSTITUTE

Jurisdiction

Form Sponsor

Form Number

Form Name

Available Critique or

Recommended Practices

Professional Services Agreement

USA AIA – G606TM 2000 Amendment to the Professional

Services Agreement

USA AIA – G607TM 2000 Amendment to the Consultant

Services Agreement

USA AIA – G612TM 2001 Owner's Instructions to the

Architect Regarding the Construction

Contract, Insurance and Bonds, and Bidding Procedures

USA AIA – G701TM 2001 Change Order

USA AIA – G701TM CMa-1992 Change Order, Construction

Manager-Adviser Edition

USA AIA – G702 G703

TM

TM1992 Application and

Certificate for Payment, and

1992 Continuation Sheet

USA AIA – G702TM CMa-1992 Application and Certificate for

Payment, Construction

Manager-Adviser Edition

USA AIA – G704TM 2000 Certificate of Substantial Completion

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Document number:

ECRI-TC-004

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Revised: 4 January 2010

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USA AIA – G704TM CMa-1992 Certificate of Substantial Completion, Construction

Manager-Adviser Edition

USA AIA – G704/DB™- 2004, Acknowledgement of

Substantial Completion of a

Design-Build Project

USA AIA – G706TM 1994 Contractor's Affidavit of Payment of Debts and Claims

USA AIA – G706ATM 1994 Contractor's Affidavit of Release of

Liens

USA AIA – G707TM 1994 Consent of Surety to Final

Payment

USA AIA – G707ATM 1994 Consent of Surety to Final

Reduction in or Partial Release of Retainage

USA AIA – G709TM 2001 Work Changes Proposal Request

USA AIA – G710TM 1992 Architect's Supplemental Instructions

USA AIA – G711TM 1972 Architect's Field Report

USA AIA – G712TM 1972 Shop Drawing and Sample Record

USA AIA – G714TM 2001 Construction

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Document number:

ECRI-TC-004

Page: 23 of 40

Revised: 4 January 2010

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Change Directive

USA AIA – G714 CMaTM 1992 Construction Change Directive,

Construction Manager-Adviser

Edition

USA AIA – G715TM 1991 Supplemental Attachment for Acord

Certificate of Insurance 25-S (7/90)

USA AIA – G716™ 2004 Request for Information

USA AIA – G722 CMaTM 1992 Project Application and

Project Certificate for Payment,

Construction Manager-Adviser

Edition

USA AIA – G723 CMaTM 1992 Project Application Summary,

Construction Manager-Adviser

Edition

USA AIA – G804TM 2001 Register of Bid Documents

USA AIA – G805TM 2001 List of Subcontractors

USA AIA – G806TM 2001 Project Parameters Worksheet

USA AIA – G807TM 2001 Project Team Directory

USA AIA – G808TM 2001 Project Data and

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Document number:

ECRI-TC-004

Page: 24 of 40

Revised: 4 January 2010

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Recommended Practices

USA AIA – G808TM A Construction Classification

Worksheet

USA AIA – G809TM 2001 Project Abstract

TM

USA AIA – The American

Institute of Architects

USA EJCDC – Engineers Joint

Contract Documents Committee

C-700 (formerly 1910-8)

The "Standard General Conditions of

the Construction Contract" details the basic terms between

the owner and the contractor:

- contractor's duties and responsibilities, - owner's duties and

responsibilities, - bonds and insurance,

- progress and final payments,

- substantial completion,

- status of the engineer during

construction, - subsurface and

hidden site conditions,

- changes in the work, - contract price and

contract time, - contractor

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Document number:

ECRI-TC-004

Page: 25 of 40

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warranties and guarantees,

- correction or rejection of defective

work, - work suspension or

termination, and - dispute resolution

USA EJCDC – C-710 Standard General Conditions of the

Construction Contract; Funding

Agency Edition This document is a

modified version of EJCDC Contract

Document #C-700, "Standard General Conditions of the

Construction Contract," designed

for use on RUS-funded water and

wastewater projects. (This is an update and

revision to the 1997 edition, formerly

#1910-8FA.)

USA EJCDC – E-500 Standard Form of Agreement Between Owner and Engineer

for Professional Services

USA EJCDC – E-510 Standard Form of Agreement Between Owner and Engineer

for Professional Services; Funding

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Document number:

ECRI-TC-004

Page: 26 of 40

Revised: 4 January 2010

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Agency Edition. This is a modified funding agency

version of EJCDC Contract Document #E-500, "Standard

Form of Agreement Between Owner and

Engineer for Professional

Services," for use on RUS-funded water

and wastewater projects. (This is an

update and revision to the 1997 edition,

formerly #1910-1FA.)

USA EJCDC – E-520 Short Form of Agreement Between Owner & Engineer

USA EJCDC – E-505 Standard Form of Master Agreement Between Owner &

Engineer for Professional Services

USA EJCDC – E-525 Standard Form of Agreement Between

Owner & Engineer for Study and Report

Professional Services

USA EJCDC – E-580 Standard Form of Joint Venture

Agreement Between Engineers for

Professional Services

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Document number:

ECRI-TC-004

Page: 27 of 40

Revised: 4 January 2010

Survey of Standard Form of Contracts for the E&C Industry

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Recommended Practices

USA EJCDC – E-581 Standard Form of Agreement Between

Owner, Designer, and Peer Reviewers for

Professional Services for Independent

Project Peer Review

USA EJCDC – E-582 Form of Agreement Between Owner & Program Manager

USA EJCDC – 1910-10 Standard Form of Agreement Between

Engineer and Architect for

Professional Services

USA EJCDC – 1910-14 Standard Form of Agreement Between

Engineer and Consultant for

Professional Services

USA EJCDC – 1910-27A Standard Form of Agreement Between

Owner and Geotechnical Engineer for

Professional Services

USA EJCDC – 1910-27-B Standard Form of Agreement Between

Engineer and Geotechnical Engineer for

Professional Services ()

USA EJCDC – D-001 Guide to Use of EJCDC Design/Build

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Document number:

ECRI-TC-004

Page: 28 of 40

Revised: 4 January 2010

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Recommended Practices

Documents offers guidance on:

- preparing requests for proposals,

- proposal language, - proper use of the

documents, - the preparation of

supplementary conditions,

USA EJCDC –Committee

D-500 Standard Form of Agreement Between Owner and Owner's

Consultant for Design Professional Services

on Design/Build Projects

USA EJCDC – D-505 Standard Form of Sub agreement Between

Design/Builder & Engineer for Design

Professional Services

USA EJCDC – D-510 Standard Form of Agreement Between

Owner & Design/Builder for

Preliminary Services

USA EJCDC – D-520 Standard Form of Agreement Between

Owner & Design/Builder; Stipulated Price

USA EJCDC – D-521 Suggested Form of Sub agreement

Between Design/Builder &

Page 29: ENGINEERING & CONSTRUCTION RISK INSTITUTEecrisponsor.org/PPlibrary/ECRI-TC-004-Survey List... · Materials Amendment. NEW! USA AGC – AGC 202 Change Order USA AGC – AGC 203 Interim

Document number:

ECRI-TC-004

Page: 29 of 40

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Recommended Practices

Subcontractor; Stipulated Price

USA EJCDC – D-525 Standard Form of Agreement Between

Owner & Design/Builder; Cost

Plus

USA EJCDC – D-526 Suggested Form of Sub agreement

Between Design/Builder &

Subcontractor; Cost-Plus

USA EJCDC – D-610 Design/Build Contract Performance Bond

USA EJCDC – (D-615) Design/Build Contract Payment Bond

USA EJCDC – D-700 Standard General Conditions of the Contract Between

Owner & Design/Builder

USA EJCDC – D-750 Standard General Conditions of the

Subcontract Between Design/Builder &

Subcontractor

USA EJCDC – E-580 Standard Form of Joint Venture

Agreement Between Engineers for

Professional Services

USA EJCDC – (R-520) Agreement Between Owner &

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Document number:

ECRI-TC-004

Page: 30 of 40

Revised: 4 January 2010

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Recommended Practices

Environmental Remediator;

Stipulated Price

USA EJCDC – (R-521) Agreement Between Environmental Remediator &

Subcontractor; Stipulated Price

USA EJCDC – (R-525) Agreement Between Owner and

Environmental Remediator; Cost

Plus

USA EJCDC – (R-700) Standard General Conditions of the

Construction Contract Between Owner and

Environmental Remediator

USA EJCDC – (R-750) Standard General Conditions of the Sub agreement Between

Environmental Remediator & Subcontractor

USA EJCDC – (1910-9E) Limitation of Liability in Design

Professional Contracts

USA EJCDC – (1910-9G) Indemnification by Engineers: A Warning

USA AOD – Associated

AOD-2002GC Standard Form Agreement between

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Document number:

ECRI-TC-004

Page: 31 of 40

Revised: 4 January 2010

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Recommended Practices

Owners & Developers

Owner & Contractor for a Fixed or Lump

Sum Price

USA AOD – AOD-2003 GC/GMP AOD publishes Owner/Developer

Contracts. The AOD-2003 GC/GMP is the second of a series of contract documents to be published by

AOD. The others to be released in the future (not listed in order of

release) are: 1. Standard Form of Agreement between

Owner and Architect/Engineer 2. Standard Form of Agreement between

Owner and Construction Manager

3. Standard Form of Agreement between Owner and Design-

Builder 4. Standard Form of Agreement between Owner and General

Contractor where the Price is Lump Sum (already available)

Owner Group Is Next To Draft Alternative

Standard Agreement

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Document number:

ECRI-TC-004

Page: 32 of 40

Revised: 4 January 2010

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Form Number

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Recommended Practices

USA CMAA - Construction Management

Association of America

CMAR-1: Standard Form of Agreement, Owner-

CM

USA CMAA - CMAR-2: Standard Form of Agreement, CM-

Contractor

USA CMAA - CMAR-3: General Conditions, CM-Contractor

USA CMAA - CMAR-4: Standard Form of Agreement, CM-

Designer

USA CMAA - A-1: Standard Form of Agreement between

Owner and CM, CM as Owner’s Agent

USA CMAA - A-2: Standard Form of Agreement between

Owner and Contractor

USA CMAA - A-3: General Conditions between Owner and

Contractor

USA CMAA - A-4: Standard Form of Agreement between Owner and Designer

USA DBIA - Design-Build Institute of

America

520 Standard Form of Preliminary

Agreement Between Owner and Design-

Builder.

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Document number:

ECRI-TC-004

Page: 33 of 40

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Form Number

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Recommended Practices

USA DBIA - 525 Standard Form of Agreement Between Owner and Design-Builder - Lump Sum

USA DBIA - 530 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus

Fee with an Option for a Guaranteed

Maximum Price

USA DBIA - 535 Standard Form of General Conditions of

Contract Between Owner and Design-

Builder

USA DBIA - 540 Standard Form Of Agreement Between Design-Builder and

Designer

USA DBIA - 550 Standard Form Of Agreement Between Design-Builder and

General Contractor - Cost Plus Fee with an

Option for a Guaranteed Maximum

Price

USA DBIA - 555 Standard Form Of Agreement Between Design-Builder and

General Contractor - Lump Sum

USA DBIA - 560 Standard Form Of Agreement Between

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Document number:

ECRI-TC-004

Page: 34 of 40

Revised: 4 January 2010

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Form Number

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Available Critique or

Recommended Practices

Design-Builder and Design-Build

Subcontractor - Guaranteed Maximum

Price

USA DBIA - 565 Standard Form Of Agreement Between Design-Builder and

Design-Build Subcontractor - Lump

Sum

USA DBIA - 570 Standard Form Of Agreement Between Design-Builder and

Subcontractor (Where Subcontractor Does Not Provide Design-

Build Services)

USA PSMJ - Project Services

Management Journal

General Contract Design-Build Agreement Between

Owner and Contractor

USA PSMJ - General “Lump Sum” Contract

Agreement for Design/Build Services on a Lump Sum Basis

USA PSMJ General/State Agency Contract

Design-Build Contract Form

Agreement, and the General and

Supplementary Conditions of the

Design-Build Contract

USA PSMJ - Owner- Owner-Design/Builder

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Document number:

ECRI-TC-004

Page: 35 of 40

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Design/Builder Contract

Agreement

USA PSMJ - State/Owner-Design/Builder

Contract

Agreement Between Owner and

Design/Builder

USA PSMJ - Architect-Design/Builder

Contract

Agreement for Architectural Services (Design/Build Project)

USA PSMJ - General Contract Agreement for Design-Build Services

USA PSMJ - General Contract Design-Build Team Agreement

USA PSMJ - General Contract Agreement – Final Design and

Construction

USA PSMJ - General Contract Agreement for Design/Build Services

USA PSMJ - General Contract Design/Build Contract

USA PSMJ - General Contract-Large City

Agreement – Large City

USA PSMJ - General Contract Agreement Form

USA PSMJ Owner-Contractor Owner-Contractor Agreement

USA PSMJ - General Contract Fixed Price Design, Procure and

Construct Agreement

USA PSMJ - Contract Form General Contract – Short Form

USA PSMJ - General Contract State Agreement for Preparation of a

Design-Build Lease

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Document number:

ECRI-TC-004

Page: 36 of 40

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Competition Proposal

USA PSMJ - General Contract State Design/Build Contract

USA PSMJ General Contract Guaranteed Maximum Sum Contract

USA PSMJ - Agreement Joint Venture Agreement

USA PSMJ - General Contract/ Joint Venture

Design/Build Agreement

USA PSMJ - General Contract/ Joint Venture

Proposal – GMP Design/Build Project Sharing Profits and

Losses

USA PSMJ - Journal General Contract/Guaranteed

Maximum Sum

Design/Build Guaranteed Maximum

Price Contract

USA PSMJ - Form Sample Form/General

USA PSMJ - Agreement Commitment Portion of Design/Build

Agreement Construction Agreement

USA PSMJ Rider Rider to Standard AIA Contract

USA PSMJ Rider Rider - Miscellaneous

USA PMI - Project Management

Institute

N/A No contract standard forms available on

line

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Document number:

ECRI-TC-004

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Recommended Practices

UK Institution for Chemical Engineers

IChemE

The Purple Book Forms of Contract User Guide - Fourth

edition Contents The Preliminaries; General Introduction; Project Management and Contract Strategy; Disputes and disputes resolution; Liability Law – Delays and Defect; Red Book – Lump Sum Contracts; Green Book – Reimbursable Contracts; The Burgundy Book – Target Cost Contracts; Yellow and Brown Books – Sub Contract; Orange Book – Minor Works.

UK IChemE The Beige Book Form of Contract, Rules for Dispute Board, sets out a series of Rules governing the

appointment, duties and general actions of the DRB, to provide a

framework within which it can operate

with confidence.

USA IChemE The Brown Book Form of Contract, Subcontract for Civil Engineering Works

Second edition, includes: A new

clause on related

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Document number:

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Recommended Practices

issues under main contract; Payment

clauses improved by inclusion of

provisional and prime cost sum A better guidance section

giving more detailed advice on compiling

the contract plus useful pointers on using the general

conditions

UK IChemE The Burgundy Book Form of Contract , Target Cost Contracts - sets out a procedure for arriving at a target

cost that is sufficiently detailed to be used as the basis for effective control during the contract.

UK IChemE The Green Book Form of Contract, Reimbursable

Contracts - Third Edition

Contains a set of general Conditions of contract to enable the user to put together a reimbursable contract

to suit most needs. Also supplied are typical forms of agreement and guarantee and

guidance notes.

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Document number:

ECRI-TC-004

Page: 39 of 40

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Recommended Practices

U.K. NEC - New Engineering

Contract

NEC - ECC The Engineering and Construction Contract The Engineering and

Construction Contract – Options A-F

Option A: Priced contract with activity

schedule Option B: Priced

contract with bill of quantities

Option C: Target contract with activity

schedule Option D: Target

contract with bill of quantities

Option E: Cost reimbursable contract

Option F: Management contract

U.K. NEC - NEC - ECS The Engineering and Construction Subcontract

U.K. NEC NEC - PSC The Professional Services Contract

U.K. NEC NEC – ECSC The Engineering and Construction Short

Contract

U.K. NEC NEC – ECSS The Engineering and Construction Short

Subcontract

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Document number:

ECRI-TC-004

Page: 40 of 40

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Recommended Practices

U.K. NEC NEC – AC The Adjudicator’s Contract

RSA South African Institution of

Civil Engineers

SAICE General Conditions of Contract for

Construction Works (First Edition) 2004

RSA Joint Building Contracts Committee

JBCC 2101 Principal Building Agreement

RSA JBCC JBCC 2104 Engineering General Conditions

RSA Committee of Land Transport

Officials

COLTO General Conditions of Contract for Road and

Bridge Works for State Road Authorities.


Recommended