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The 2015 South Carolina OSE Manual – New Contractual Requirements for Design Professionals

By on June 10, 2016 |

The State Engineer has updated the SE-225 Conditions of Service to be used with the AIA B101-2007 Standard Form of Agreement Between Owner and Architect. Formerly titled “Article 12 – Other Conditions or Services,” the New SE-225 has a few significant changes from its predecessor document.

The first and most significant change is that SE-225 completely deleted the standard AIA B101 – Exhibit A.  This Exhibit was a three-page document that required some fairly detailed information, such as programming and description of physical characteristics.  The SE-225 shortens the information required by the AIA form and inserts the information into Article 1 of the AIA B101, rather than in a separate exhibit.

The second significant change is a revision to the insurance coverage requirements.  The previous Article 12 specified coverage amounts, but did not spell out any specific requirements on policy forms. The new SE-225 now requires specific insurance policy forms, including ISO Form CA 00 01 for Automobile Liability Insurance and ISO Form CG 00 01 12 07 for Comprehensive General Liability.

As with the contract clauses for contractors in the contracts for the various project delivery systems discussed in an earlier post, additional provisions have been added to the architectural contract. This serves to implement the Iran Divestment Act and the Open Trade Representation required by S.C. Code Ann. § 11-35-5300, which became effective in June 2015.

This post is part of a series by Elmore Goldsmith attorney Leslie Sullivan examining recent changes to the 2015 edition of the South Carolina Manual for Planning and Execution of State Permanent Improvements.  The manual can be found in its entirety here. To view other posts in this series, click here.

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