NASBP offers a variety of forms for different purposes
By Choity Khan of Robinson+Cole Published August 17, 2022 The American Institute of Architects (AIA) Contract Documents program recently released a limited number of state-specific Sworn Construction Statements and Lien Waiver and Release forms for use on construction projects. At the same time, the AIA also released generic versions of the waiver and release forms for use in states without specific statutory requirements
Wyncrest Commons, LP , 2023 WL 7276637 (Unpublished, decided November 3, 2023), the New Jersey Appellate Division was asked to consider two issues regarding the interpretation and application of a construction contract that utilized the standard form American Institute of Architects owner/contractor agreement (AIA Document A101-2007) (the “AIA Contract”)
The American Institute of Architects (AIA) recently released the 2017 edition of its key agreements in the A201 family of documents
Price Escalation Provisions None of the standard industry form General Conditions (AIA, EJCDC or ConsensusDocs) provide a clear path to additional compensation for unexpected material price escalations, nor do they contain price escalation clauses
Authors are writing about how far and how much they protect contracting parties from unforeseen and uncontrollable events that cause delay. While the standard AIA, ConsensusDocs, or other industry form contract time extension and/or force majeure clauses will likely provide some relief as to time extensions in appropriate situations, contracting parties may be best served to acknowledge the uncertainties our industry is confronting by crafting specific language for delays and increased costs resulting from the COVID-19 pandemic
To Proceed or Not to Proceed Although the AIA A201—2017, Standard General Conditions of the Contract for Construction has provisions governing how submittals work, these provisions can be a bit inconsistent. By way of example, Paragraph 3.12.4 of AIA Document A-201-2017 provides simply: “Shop drawing, product data samples and other similar submittals are not contract documents.” However, Paragraph 3.12.8 of AIA Document- A201-2017 makes it clear that the contractor must perform the work called for in the submittal, even if it conflicts with the contract: The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation