EJCDC C-522: Contract for Construction of a Small Project (2016)
$70 Members | $140 Non-Members
Description
EJCDC C-522, Contract for Construction of a Small Project, a new contract document for use on smaller, less complex projects, such as water and wastewater utility work, roads and paving, drainage improvements, and site development. EJCDC recommends that C-522 be used only where the construction cost is $500,000 or less, and the scheduled duration is less than 12 months.
EJCDC published the new C-522 agreement at the request of EJCDC contract users, recognizing that some construction projects are relatively simple and may be conducted with a relatively concise construction contract. EJCDC anticipates that the projects that are suited to use of the small project contract will have the following characteristics:
- Little chance of changed or differing site conditions;
- No hazardous environmental conditions;
- Substitutions for material or equipment will be handled through the Change Order process;
- Equipment purchase contract entered into by Owner will not be assigned to the contractor; there are no provisions for assignment in C-522;
- The Contract Documents do not delegate any professional design services to the Contractor;
- The Engineer remains involved with the review of submittals, interpretation of the documents, and development of Change Orders that affect the design of the Project;
- Builder’s risk insurance and/or property insurance will be provided by the Contractor.
If the Owner is planning on providing any insurance coverage, the Contract will need to be modified. For more complex projects that do not meet the listed characteristics, EJCDC recommends using EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) or EJCDC C-525, Agreement Between Owner and Contractor for Construction Contract (Cost-Plus) together with the comprehensive EJCDC C-700, Standard General Conditions of the Construction Contract.
EJCDC C-522 is a stand-alone document that contains project-specific information such as contract price and schedule, as well as general terms and conditions. The EJCDC standard professional services agreements, including EJCDC E-500, Agreement Between Owner and Engineer for Professional Services, and EJCDC E-520 ("Short Form"), may be used with C-522 providing that modifications are made to the scope of services in the Owner-Engineer Agreement to be consistent with the engineering services contemplated by C-522. Because E-520 ("Short Form") is for use only for professional services of limited scope and complexity, particular care should be taken in E-520 to define and coordinate the obligations and duties of the Owner and Engineer relative to the requirements of C-522. EJCDC C-522 is not for use with the EJCDC Design-Build (D series) or Procurement (P series) documents.