Recognizing and responding to the need for public owners to have good contracts that protect their interests, Bricker & Eckler LLP developed the Bricker & Eckler LLP Construction Document System for small and mid-size projects. The System, which consists of more than 20 documents, training, and updates, is intended to level the playing field, reward good contractors, and protect public owners from those contractors that do not do quality work and seek to make their profit from unwarranted change orders and claims. For an additional service, the Document System can be adapted quickly for larger, more complex projects.

Specifically, the System includes:

Two families of front end construction documents, one for infrastructure or engineer-led projects and one for building or architect-led projects;

Training in the use of these documents; and

Periodic updates.

A Common Problem

All too often, public owners use contract documents that either represent a series of patches added to a base set over time or form documents drafted by the design professionals association. As a result the documents often are uncoordinated and frequently fail to meet the requirements in the Ohio Revised Code. The Documents in the Bricker & Eckler LLP Construction Document System are coordinated and drafted to meet the requirements in the Ohio Revised Code. Just as important, the System is dynamic with updates designed to comply with changes in the law.

The Need for Training

Good documents go a long way in helping public owners meets the challenges they face. But public owners and their representatives need more. They need to understand the documents and how to use them.

An essential part of the Document System is training designed to educate public owners and their representatives about the Documents and how to use them. Public owners who become Document System clients may have two people attend one of the Bricker & Eckler LLP Construction Document System Seminars at the greatly reduced rate of $30.00 per person and an additional five persons attend at the reduce rate of $125.00 per person.

Some of the Features of the Documents

The Documents include copyrighted features that Bricker & Eckler LLP has developed to protect its clients. These features include Bricker & Eckler LLP’s:

• Statement of Claim form designed to give public owners clear warning of any claims

• Incorporation of the Federal False Claims Act standard into the Contract Documents so public owners have false claims remedies

• An additional table for liquidated damages applicable to final completion

• New Design Professional’s Certificate of Substantial Completion designed to identify public owners’ rights to liquidated damages and provides a summary of any notices of claims submitted by contractors

• Indemnification clause designed to protect public owners from Contractors’ Claims

• Payment Application Checklist and accompanying documentation, including the new Contractor’s Waiver and Release Agreement

• Detailed scheduling requirements for the “Coordinating Contractor”

• Specific remedies for defective and non-conforming work, including the right to recover attorneys’ fees

• New weather delay table

As public owners face new challenges, additional features will be added to meet these challenges.

What Documents Are Included?

Each family of Documents, i.e., the Infrastructure and the Building Documents, include the following:

What Does a Public Owner Pay for the Benefit of Using the Bricker & Eckler Construction Document System?

• The initial annual fee for one family of documents, the training, and updates is $3,500.00

• The initial annual fee for both families of documents, the training, and updates is $6,500.00

• For subsequent years (subject to annual adjustments), renewal fees will be reduced to $2,500.00 for one family of documents and $5,000.00 for both families of documents

• For charter municipalities, there is a one-time charter review fee of $500.00

How Can a Public Owner Become a Bricker & Eckler LLP Construction Document System Client?

• Contact one of the following members of our Construction Department Team

• Subject to a conflicts of interest check, return an executed engagement letter with the appropriate fee and tax exemption certificate