EJCDC Developing First Form Agreement for PPP

Gerard Cavaluzzi, Vice President and Division Counsel at ARCADIS is a member of our Division 4, and he serves as Chair of the ACEC Legal Counsel Forum and is a member of the Engineers Joint Contract Documents Committee (EJCDC). He reports on some interesting developments:


Gerard Cavaluzzi

EJCDC is working on an all-new standard contract set of documents for public-private partnership (P3). These are believed to be the first standard contracts for P3s for use in the United States. EJCDC’s model P3 documents are being developed primarily for use on mid-sized projects, in the range of approximately $10 million to $50 million.

The 2013 edition of EJCDC’s Construction Documents (“C-Series”) was approved by EJCDC in November 2012 and, after minor editing, will be available in the first quarter of 2013. This update includes significant revisions to many of EJCDC’s C-Series documents, including the flagship EJCDC® C-700, Standard General Conditions of the Construction Contract. In addition ,the C-Series has also been expanded to include the following new, first-issue documents: Suggested Advertisement for Bids, Qualifications Statement, and Construction Subcontract (stipulated price). EJCDC® C-001, Commentary on the C-Series Documents, has been significantly updated and expanded; its content has more than doubled.
In 2013 EJCDC is also updating its Engineering Contracts (“E-Series”) to coordinate with the revisions in the 2013 C-Series documents.

In February 2013 EJCDC will commence reviewing and updating its Design-Build Contract Documents (“D-Series”).

Rounding out a very busy agenda for 2013, EJCDC is commencing the development of an all-new family of documents for third-party construction management (e.g., construction manager as agent or advisor (CMa)) in partnership with CMAA.

Gerard P. Cavaluzzi | Vice President & Division Counsel | gerard.cavaluzzi@arcadis-us.com