The Engineers Joint Contract Documents Committee (EJCDC) recently updated E-580, Teaming Agreement to Pursue Joint Professional Services Opportunity. The revisions allow the document to function as a new stand-alone teaming agreement that is suitable for firms interested in “a wide variety of project-pursuit purposes.” E-580 makes it very clear that if the team fails to win the project there is no liability for the failure to obtain the award of contract. If a team is successful in securing the opportunity, the team can use the new E-590 document, Joint Venture Agreement for Professional Services.
Firms should also be aware that EJCDC released a new edition of E-581, Agreement Between Owner, Design Engineer and Peer Reviewers for Peer Review of Design. E-581 is intended to engage one or more peer reviewers to review and comment on the design engineer’s design while it is in progress. The new edition specifies that disputes between the owner and design engineer are to be resolved under the dispute resolution provisions of the primary contract rather than under the Peer Review Agreement.