Construction contracts are mutable – like water is wet! Often, construction contracts establish benchmarks founded on insufficient diligence and incomplete scope, and unenforceable terms. More importantly, the Owner’s obligations under Spearin are moot, carrying risks and potentially unwelcome news to Owners.
MIND-i’s suite of digitally-enhanced agreements solves two fundamental problems of all other industry construction contract forms: project-wide contract integration and failure to address the Owner’s unmitigated Spearin/scope risk.
MIND-i’s unique contracting system begins with an Undertaking Assessment™ carefully crafted to identify development risks unique to a specific project. While MIND-i Integrated Agreements© automatically apportion risk consistent with traditionally-available professional negligence and general liability insurance products, they also uniquely permit a shift of the owner’s burden for design deficiencies that it has held in design-bid-build contracting since the landmark US Supreme Court Spearin decision in 1918. MIND-i’s Platform™ better manages the design process, and as a result, MIND-i will expressly undertake this burden with its MIND-i Metagovernance Agreement™ Spearin Risk Transfer™ mechanism.
Based on this preliminary analysis, salient transaction terms are articulated once and automatically populated throughout a group of needed construction contract agreements. Each agreement is parametrically linked to permit cohesive, seamless contract negotiation without the potential for inconsistent terms and inadvertent risk assumption.
These MIND-i Integrated Agreements™ are at the core of a powerful and new project delivery method. They are highly functional components of the MIND-i Building Project Platform™, a visionary, predictive project management system that eliminates duplicative operational waste, triggers robust workflows, and implements efficient and cost-effective design and construction completion through continuous AI/ML-enabled risk engineering.
MIND-i helps ensure well-delineated design and construction scope and related project risks. Our computer-enhanced contracts are at the core of a new way of thinking about project delivery – one that intelligent legal professionals can appreciate as transformative and want to share with clients.
Begin your journey to better contracting with MIND-i's Integrated Agreements™.