Revised AIA and EJCDC Payment Bond Forms

Please note that the opinions expressed in articles and other materials linked on this page are those solely of the author(s) and do not necessarily represent the opinions of NASBP.

To assist members and affiliates, NASBP has compiled the following materials and information on the AIA A312 and the EJCDC C-615 Payment Bond forms.

Table of Contents: A. General Counsel’s Column on Interim Revisions to AIA A312 and EJCDC C-615 B. EJCDC’s interim revision to its payment bond form - issued as EJCDC C-615(A) C. AIA’s interim revision to the AIA A312 Payment Bond D. Joint press release on publication of AIA A312 Amendment E. Additional Information

1. NASBP General Counsel’s Column: "AIA and EJCDC Issue Interim Revisions to Payment Bond Forms to Help Ameliorate Industry Concerns"

2. EJCDC’s interim revision to its payment bond form - issued as EJCDC C-615(A)
EJCDC published a revised edition of its standard Payment Bond form. The new form, EJCDC C-615(A), is intended to be used on an interim basis as a substitute for EJCDC's standard payment bond form, EJCDC C-615, pending a full review and re-issuance of the standard form. EJCDC deleted Paragraph 6 in its entirety, removing the language in the bond form that stipulated a 45-day period within which the surety must answer the claimant’s notice of claim.

3. AIA’s interim revision to the AIA A312 Payment Bond
To provide the construction community with improved language as early as possible, the decision was made to release the amendment to the AIA A312 payment bond form.

4. Joint press release on publication of AIA A312 Amendment
AIA, NASBP and SFAA issued this joint press release, informing the construction community, including owners, about the availability of the new A312 Payment Bond amendment.

5. ADDITIONAL INFORMATION

General Counsel’s Columns:

• “The A312 Payment Bond-‘You [Are] Always On My Mind, You [Are] Always On My Mind’” – Jan/Feb 2008 issue of Pipeline
• “Bramble Redux—Another Court Weighs in on the AIA A312 Payment Bond 45-Day Time Requirement” – Nov/Dec 2007 issue of Pipeline

Audio recording of February 27, 2008 NASBP teleconference that describes recent legal decisions that have caused concerns with responses to the A312 Payment Bond.
Recent court decisions in Maryland, Virginia, and Florida construing sections of the American Institute of Architects' A312 Payment Bond form have engendered concerns within the contractor and surety communities.

NASBP PowerPoint Presentation Template titled, ”Understanding Surety Concerns with the AIA A312 Payment Bond Form”
This fourteen-slide presentation can be customized.

The Surety & Fidelity Association of America (SFAA) proposed draft amendment to the AIA A312 Payment Bond
This document is a working document, not a final document, and is provided by permission of SFAA for review and information purposes only.

The Surety & Fidelity Association of America (SFAA) draft white paper, titled, “Owners, Contractors, and Sureties Propose Modification of the American Institute of Architects’ A312 Payment Bond”
This document is a working document, not a final document, and is provided by permission of SFAA for review and information purposes only.