The Use of Standard Forms by a Small to Mid-Size Consulting Company

Abstract

The benefits of standards forms are widely promoted and acknowledged by project owners, design professionals and contractors. But, are they being used as intended? The documents seem particularly beneficial to small and mid-size companies, who may not have the capability to employ legal counsel extensively to draft, review and negotiate the many forms used for projects. This paper researches Consulting Company A’s, a relatively small consulting firm, use of standard documents to determine if they are used as intended by the producers of the forms and industry experts. The research concludes that Consulting Company A‘s project managers and legal counsel do have a basic understanding of industry standardized documents. Some employees also understand the prescribed methods for modifying standard forms, and the differences among forms produced by organizations representing specific industry disciples. However, despite having a general familiarity of standard documents they are rarely used by Consulting Company A as intended by their producers, and apparently are not considered an important aspect of conducting business.

The primary reason for not promoting the use of standard forms within Consulting Company A is a misunderstanding of the role legal counsel provides in reviewing project forms. Project managers expect legal counsel to make recommendations such as using standard forms, however legal counsel does not consider it appropriate to recommend any forms or language other than Consulting Company A’s internally developed agreement form even when it believes their use may be beneficial.