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Understanding contracts and realizing how their contents
impact the CxP’s ability to secure, execute and profit from commissioning
services represents the cornerstone of successful Cx business operations. The
changing paradigm away from traditional Design-Bid-Build procurement, and
towards more integrated project contract types and risk models, is yielding a
plethora of partnership agreements.
After discussing the fundamentals of commissioning contract writing, this presentation will delve into different types of project contracts, introducing and explaining many (and their acronyms!) in the context of implications for CxPs. As one example, the American Institute of Architects’ Integrated Project Delivery (IPD) method positions the CxP as a member of the multiparty design team, promoting commissioning as part of the design process focused on achieving the owner’s project requirements. The speaker will also look at contracts between providers, where a prime CxP hires subconsultants to form a commissioning team with diverse capabilities needed for accomplishing the goals established by the contract.
There is no panacea for writing the perfect commissioning contract. Contracts should be composed with insight into the commissioning team roles and responsibilities. Commissioning firms are advised to consult with appropriately credentialed contract attorneys recognized in the applicable jurisdictions. This presentation is explicitly not intended as legal advice. It is intended to provide a practical summary that informs future work in crafting good contracts with the support of legal and governmental