The Construction Contracts Book: Annotated Analysis and Comparison of the Aia, Consensusdocs, and Ejcdc Contract Forms

A topic-by-topic comparison of the forms of agreements from the AIA, the EJCDC, and ConsensusDOCS.

Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms provides

• an easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements; and
• proposed alternative language for situations where the form contract approach may not provide the best solution.

Though some chapters have been consolidated for ease of reference, this third edition uses the same format as the first and second editions. Each chapter is organized by a topic that is addressed in each of the AIA, ConsensusDOCS, and EJCDC owner–contractor–subcontractor or owner–design professional agreements. Each chapter is then divided into three sections. The first section provides general background about the topic and summarizes the critical issues involved. The second section describes relevant provisions in the form contracts that address the topic and compares the provisions to one another. The last section provides alternative clauses for the practitioner to consider in addressing the topic at hand.

Carrie Lynn H. Okizaki is a partner in Schiff Hardin LLP's Construction Law Group. Ms. Okizaki currently concentrates her practice in advising owners, developers, general contractors, and design professionals in a variety of commercial and litigation matters, including multifaceted, complex disputes involving delays, disruption, and losses of efficiency; breaches of contracts for performance, scope of work, and payment; and multiparty insurance coverage issues. In her transactional practice, she represents owners, architect/engineers, contractors, and energy clients in creating and negotiating contract forms (consulting services, materials, and professional services), as well as project-specific contracts (engineering, procurement, and construction/multi-prime/design-build) for large projects. Ms. Okizaki received her B.S. in Foreign Service from Georgetown University in 1996 and her J.D. from the University of Colorado School of Law in 2000, where she was a casenote and comment editor for the University of Colorado Law Review. 2008

David A. Scotti practices in the areas of construction law and complex commercial litigation. For the past 35 years, he has concentrated his practice in the area of construction law; which includes construction litigation, construction contracts and project counseling. Mr. Scotti has represented owners, developers, architects, engineers, EPC contractors, general contractors and subcontractors on a wide variety of construction projects including power plants, steel plants, dams, bridges, roads, aerial tramways, hospitals, prisons, sports stadiums, schools, churches, office buildings, public housing, mixed-use developments, etc. He has represented clients regarding both domestic and international disputes in federal and state trial and appellate courts, the Armed Services Board of Contract Appeals, the Pennsylvania Board of Claims, the International Chamber of Commerce, the International Centre for Dispute Resolution and the American Arbitration Association. Mr. Scotti has extensive experience in drafting and negotiating design and construction contracts and in providing project counseling regarding dispute avoidance. Mr. Scotti has served on the Governing Committee of the ABA Forum on the Construction Industry and is presently chairman of the Forum’s Publication Committee.  He has also served as chairman of the Contract Documents Division and has twice served on the Steering Committee of the Contract Documents Division.  He has served as an arbitrator for the American Arbitration Association since 1990 and as a mediator since 1994.