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Open Source Construction Contracts

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Are you tired of the existing methods for getting a construction contract drafted, negotiated, finalized and signed? So are we. And we think we have a solution. 

What is Open Source? 

Open Source is a development model that promotes universal access via a free license to a product's design or blueprint, and universal redistribution of that design or blueprint, including subsequent improvements to it by anyone.

Did you ever see the game show Who Wants To Be a Millionaire?" Remember how when the contestant would "Ask the Audience," the audience was almost always right? The cleverest among us have known for a long time that "Everybody is smarter than anybody." Open Source is a technology-enabled way for us to take advantage of the wisdom of the crowd. 

Probably the most commonly used and known Open Source body of material is Wikipedia: The Free Encyclopedia. There have been many research studies that have verified that the content is equally reliable as other scholarly sources such as Encyclopedia Britannica. 

Why Should I Care About Open Source Contracts? 

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I think the industry standard contracts that we are all using now are terribly flawed. And they are expensive. And they are cumbersome. Since Everybody is smarter than anybody, we should all get together and write a great contract. Then we can all use it on our client's behalf, for free.

In addition to a place where we can all contribute a small amount of time and get the HUGE reward of a really good construction agreement, we will also have training modules and recommendations showing how to use these awesome documents. Maybe we will even host open training forums, seminars, and webinars that will count toward continuing education requirements! 

Just imagine: Someday the Contracting 101 family of open source construction documents might be more popular than the standard form agreements that are so widely used today! You could be one of the founding members of a movement that improves contracting henceforth and forever more! 

What's Happening at Contracting 101.com?

We are getting smart people together to draft and continuously improve a family of inter-connected construction contract documents. 

These documents might include: 

  1. Owner-Owner's Representative (CM) Agreement

  2. Owner-Designer Agreement

  3. Owner-Prime Contractor Agreement & General Conditions

  4. Owner-Prime Contractor Change Order

  5. Owner Purchase Order (For purchase directly by Owner)

  6. Contractor-Subcontractor Agreement

  7. Contractor-Subcontractor Change Order

  8. Purchase Order

  9. Payment Application

How Do I Get Involved?

At this point, all you have to do is tell someone at PFCS that you want to be involved, and poof! You're involved. We will maintain a list of people who want to be involved and we will send update messages from time to time. 

Next Actions

  1. DONE Setup documents for electronic collaboration (probably Google Docs and Sheets)

  2. IN PROCESS Collect and organize what other industry standard documents (AIA, AGC, Etc.) have to say on these key subjects (sections and clauses).

  3. IN PROCESS Get a diverse team of collaborators together including property owners & managers, developers & contractors, product manufacturers & suppliers, insurers and lawyers.

  4. Outline the first document to identify all sections and clauses.

  5. Make another draft of the list of documents that will be included in this family of construction documents.

  6. Start writing our own clauses.

  7. Make a more detailed plan :)

  8. Publish our first draft document for use.