Exploring Current Construction Contract Forms and Typical Modifications

 

Exploring Current Construction Contract Forms and Typical Modifications
Presented by the Construction Law Subcommittee of the CMBA 

10/21/2025 | 12:00 - 1:00 PM | 1.0 Hour of CLE via Zoom Only

Here's why you should join us for this program:

There are times when it seems that the sheer number of construction contract forms makes even a simple review of terms and conditions a confusing exercise. Construction contracts are structured to reflect the project delivery methodology which is utilized for the specific capital improvement project. These delivery methodologies include design-bid-build, multiple prime, CMR, design-build, and IPD. These various construction contracts also must reflect the various payment options like lump sum, cost plus, and cost plus with a GMP sometimes with shared cost savings. Finally, there are any number of entities which offer integrated families of construction contract forms for use that often reflect different approaches to project risk. These entities include AIA, AGC, EJCDC, and OFCC.

As we explore these options, we will focus on the forms prepared by AIA, the organization which has produced the largest library of these contract forms over the last 135 years to guide our exploration. Since these forms are considered to be the “standard” in the industry, they generally reflect the needs and risk profiles of a generic project. As a result, construction law practitioners typically modify the standard terms and conditions to adjust the rights and responsibilities of the parties. We will discuss the most commonly modified provisions, and the various modification approaches typically utilized. Hopefully, this presentation will enhance your level of comprehension the next time you are asked to review a construction contract.