Contract Forms

AGC of minnesota Form construction contracts

AGC of Minnesota’s Contracts Committee provides short form construction contracts for owners, contractors, subcontractors, and material suppliers.  The forms are flexible for a variety of projects or needs, and have been valued by the industry for more than a half century.

Our Contracts Committee is composed of general contractors and subcontractors (including contractors who are both generals and subcontractors), and in-house and outside construction law attorneys.  The Committee meets each year to review industry practices, changes in the law, areas where contracts may be misconstrued or are not clear, other changes in conditions or needs, and the value of no changes to maintain continuity in the contracts.  The draft contracts then are circulated to a second, larger group for more feedback, and returned to the Committee for final review.  Finalized form agreements are published here and licensed for use annually from March through February.  Click the link below for the license agreement .

The Contract Committee’s goal is to provide form contracts that are fair to all parties, representative of good industry practices, reliable, easy to work with, and understandable.  They are free to AGC-MN members and available to nonmembers for a license fee of $700.  (Nonmembers can request a license below and, once issued, download the contracts.)  We also provide a commercial license for attorneys to use with (and distribute to) their clients.

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Download form contracts (2023-2024 version)

* If your member license does not work, check the Directions below and confirm your membership status with Merry (mbeckmann@agcmn.org)

* If you need the 2022-23 version (through February 2023), contact Mike mschechter@agcmn.org.

OCA

Owner-Contractor Agreement
Prime Contract. 
See also DSBA Addendum below.

Member License download Non-Member License
download
CSA   Contractor-Subcontractor Agreement

  (Subcontract between the general contractor and subcontractors,
  or subcontractor to other subcontractors)
Member License
download
Non-Member License
download
MPA

  Material Purchases Agreement

  (Purchase AGreement between a contractor and its supplier of       materials, equipment, and prefabricated units)

Member License
download
Non-Member License
download
ITO   Independent Trucker Owner/Operator Agreement

  (Agreement between a contractor and an independent trucker owner/operator)
Member License
download
Non-Member License
download
DSBE Addendum

DSBE Addendum

Addendum to the OCA providing for early payment of supply and labor expenses to qualifying DSBE subcontractors
Public (Free License)
download
Wage Theft Information and Ideas   Wage Theft Information and Ideas

  (Information about developments and risk regarding wage theft)
FREE
download
COVID Rider   Amendment for COVID Impact

Developed by AGC of America to account for COVID-related changes in contract terms
FREE
download
N/A

NON-MEMBERS purchase Contract Membership here:

(AGC of MInnesota members, simply click the links above)

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Commercial License (LAW FIRMS)

Practicing attorneys may purchase commercial licenses to enabling the attorney to distribute the Contracts to its clients.  Contact Ana for a commercial license.

 

AGC of Minnesota Member
Law Firms

Non AGC MN Member
Law Firm
(including use by law firm)

AGC Member Client

FREE

$500 MSBA Member

$850 MSBA Non-Member

Non-AGC MN member Client

$300

$1200


Call to Order 651.632.8929


DIRECTIONS & SYSTEM REQUIREMENTS:

For detailed directions regarding using AGC contracts, click here

These contracts are forms that need to be tweaked or amended for a particular situation, and therefore do not constitute legal advice or review.  As with any form contract, users should consult with their attorney.  Any changes to the form can be made on an addendum.

The licensing program (Microsoft) requires the following system requirements:

  • Windows 7 or 8 with all updates, or Windows 10, or windows Server 2008 Rw, 2012 or 2016.  Or later versions.
  • Microsoft Office (Word) 2013 with full updates or later version. 
  • Microsoft Office (Word) is registered to domain name that agreement is licensed to.  (E.g., if you asked the license to be to company.com then Office must be registered to users@company.com.  Some have IT companies or hidden domain names that might be itcompany.company.com or companyinternal.com, and so we would have to license the program to that address.)
  • Firewalls configured to permit connectivity.

If you are having trouble opening a contract, first confirm that your version of Office is registered to your firm’s domain name (under File/Accounts, and then look to “belongs to” email).  This is the most common issue.  The second most common is not creating a Microsoft account.  This can be done at: https://account.microsoft.com/account.


License agreement for AGC Form Contracts

Associated General Contractors of Minnesota (AGC-MN) is the creator of the AGC-MN form Contracts (“Content”) and owns all rights to the Content. By using the Content or purchasing a license to the Content, you agree to use the Content only as permitted in this license.  A member license expires automatically at the time you are no longer a member in good standing of AGC-MN. A non-member license may be purchased for a specified duration and expires automatically at the end of that duration. Typically, a license will expire at the end of February in each year.  Upon expiration, you may retain copies of executed agreements and may not use the Content prospectively.

The standard and commercial licenses permit the party to use the Content as a model to create a proposed contract to another user.  The fees apply to the proposing user and, pursuant to a commercial license, the proposing user’s attorney. The Content has been approved by AGC-MN’s Contracts Committee and bear the AGC-MN’s Contracts Committee’s certification mark.  Using the form contracts bearing the AGC-MN’s Contracts Committee mark enables users/Parties (“Parties”) to rely upon the integrity of the terms approved by the Contracts Committee, except the following permitted changes: (a) the change is responsive to and in a form field for the Parties to enter or choose terms, (b) the change is by clear redline and signed or initialed by both Parties, or (c) the change is made in an addendum or separate term sheet that is signed by both Parties.  No other change is permitted.  The Parties agree that any change not made pursuant to these terms violates AGC’s proprietary rights (e.g. trademarks (including certification marks) and copyrights), to which the Parties are intended beneficiaries, and renders such change voidable by the other Party. AGC-MN reserves its rights to enforce its proprietary rights from infringements, including unlicensed uses, and recover damages, statutory damages, attorney’s fees, and any other remedy permitted by state, federal, or international law.

All users agree to and become Parties to this License; and those Parties and any beneficiaries may rely that no non-permitted changes have been made to the Content.

Any goodwill arising from the use of any Content shall inure to AGC-MN. All rights not expressly stated are reserved.

Standard License.  The Standard License lets you use the Content internally for your business during the license duration to enter into construction agreements.  You may not sell or distribute or otherwise appropriate the Content. A standard license is limited, non-exclusive, revocable, non-sublicensable and non-transferable.  

Commercial License.  A commercial license is available for registered attorneys engaged in practice of law, and enables the attorney to request a temporal license on behalf of the client who is not an AGC-MN member by requesting a license from AGC-MN. The respective fees above apply.  An attorney does not require a license to provide legal advice on a contract that is based on the Content and provided by the client (who has a valid license) to the attorney.  A commercial license is limited, non-exclusive, revocable, non-sublicensable and non-transferable.  You may not appropriate the Content.

General Terms.  Downloading, using, accepting the use of, or requesting a license from AGC-MN to the Content demonstrates assent to these license terms.  If you do not agree with these terms, you must stop using the Content, delete all copies of the Content, and inform AGC-MN.  You must also provide specific notice to any contractual parties with whom you may have entered into a contract based upon the Content.

The Content is considered a model requiring your review.  You agree that AGC-MN is not providing you with legal advice.  If you have any legal questions, you should contact your attorney.  YOU UNDERSTAND AND AGREE TO THE EXTENT PERMITTED BY LAW THAT AGC-MN WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE DAMAGES OR LOSSES ARISING FROM YOUR USE OF THIS CONTENT.

You agree that the Content is protected by State, federal and international copyright and trademark laws, and any use not expressly authorized by this license will constitute an infringement of AGC-MN’s proprietary rights.  Nothing in this agreement is intended to waive any AGC-MN rights under the law, including the right for injunctive relief or statutory damages, or attorney’s fees.

The English version of this agreement shall govern and control any translations. All claims or disputes related to this license will be subject to exclusive venue in the state or federal court in Ramsey County, Minnesota, United States of America, and the Parties agree that such personal jurisdiction and venue are proper. This license agreement represents the entire agreement and supersedes all prior discussions and understandings on this subject. If any provision is held invalid or unenforceable, the remainder of this license agreement will remain in full force and effect.

For subscription or access, please fill out the license request form above.  For other questions, please contact Mike.