ConsensusDOCS, a coalition of 22 leading construction
industry organizations, has published “ConsensusDOCS Procedures,” which
describe how the coalition organizations collaborate to develop model
construction contract documents and forms that advance the project's best
interest.
Procedures sets an example for openness
and transparency, the coalition says. Rather than approach negotiations as a
zero-sum gain among competing interests, ConsensusDOCS emphasizes a mutually
beneficial approach that leads to better project results.
"Contracts help define business
relationships," said
E. Colette Nelson, executive vice
president of the American Subcontractors Association Inc. and chair of the
ConsensusDOCS Business and Marketing Advisory Council. "Early on,
ConsensusDOCS made a decision that its process for developing contract language
for the industry would be transparent and inclusive. The ConsensusDOCS
Procedures describe how the ConsensusDOCS' mission of collaborating in the best
interest of a project materializes at the operational level. The Procedures
guide the ConsensusDOCS coalition, but their collaborative approach may also
inspire others to re-think the old, stereotyped 'push risk to the weakest
party' approach to negotiating contracts."
To help the coalition continue its
success, the ConsensusDOCS Procedures:
- Affirm a commitment to "a
transparent and efficient consensus decision-making process"
- Invite all potential stakeholders in
collaboratively producing standard contracts
- Establish stakeholders' right to have a voice in
ConsensusDOCS contract deliberations, including assuring that "all voices
are heard, the opinions in the minority are respected and actively considered,
and that the final product furthers the mission of ConsensusDOCS"
- Ensure that the ConsensusDOCS timely respond to
new case law developments and emerging industry issues
- Establish a minimum of a five-year drafting cycle,
and establish a process for revising documents sooner, if needed
- Establish structures for ConsensusDOCS document
development and marketing, including advisory councils and an executive
director.
"ConsensusDOCS is about much more than just producing
model documents ― it's about changing the way that the construction industry
thinks about contracts and contract negotiation," said Nelson. "The
question is: Where should negotiations start? The ConsensusDOCS documents are a
good answer for contractors and subcontractors. The ConsensusDOCS Procedures
are a good answer for the ConsensusDOCS coalition partners."
The ConsensusDOCS Procedures, available
online at
www.ConsensusDOCS.org, are the product of the coalition's experience
in balancing diverse interests. The 2007 launch of the ConsensusDOCS documents
was made possible by the joint work of more than 20 organizations, including designers,
owners, contractors, subcontractors and sureties (DOCS). The coalition also released a
first-of-its-kind building information modeling addendum (BIM Addendum) June
30, 2008, and is currently developing other documents.
