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The most used ConsensusDocs standard contract document is the . ��ѻ��ý of America (��ѻ��ý), through its Contract Documents Forum, has just released comments to this popularly used standard subcontract document. These comments can be found at 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 ��ѻ��ý 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 ��ѻ��ý 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 ��ѻ��ý’s vote is no more or less than any other organization in the coalition, ��ѻ��ý’s comments provide a general contractor-specific perspective.  ��ѻ��ý, one of the founding organizations of the ConsensusDocs Coalition, has been the most active organization in providing Guidebook comments. This ��ѻ��ý members-only resource requires members to log onto the ��ѻ��ý contract documents website to obtain access at . Any questions about the document may be directed to ��ѻ��ý’s Senior Counsel on Construction Law, Brian Perlberg, at brian.perlberg@agc.org.

Additional Resources

• ��ѻ��ý Construction Law and Contracts page is here.
• ��ѻ��ý Guidebook Commentary to ConsensusDocs is here.
• Join the ��ѻ��ý Contract Documents Forum by going to: /member-benefits/agc-Forums and selecting the “Contract Documents Forum.” 

More About ��ѻ��ý’s Contract Documents Forum

��ѻ��ý’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 ��ѻ��ý members and chapters; advocating for equitable risk; actively participating in ConsensusDocs working groups and educational efforts; and reinforcing ��ѻ��ý’s commitment to skill, responsibility, and integrity through contracts. To learn more or to get involved with the Forum, login to your ��ѻ��ý profile, select the tab for “Forum,” and then check the box for “Contract Documents.”