NASBP offers a variety of forms for different purposes
The American Institute of Architects (AIA) recently released the 2017 edition of its key agreements in the A201 family of documents
Using the American Institute of Architects (AIA) standard form A201—2017 General Conditions of the Contract for Construction (Form A201) as an illustrative baseline, we discuss best practices for negotiating the language of such terms and outline potential solutions if the parties did not follow those practices in negotiations. It should be noted that executing a general contract with an unedited Form A201 included in the contract documents is not a best practice. Termination by the owner for convenience provision Form A201’s unedited “termination by the owner for convenience” provision entitles a contractor to, among other things, “costs attributable to termination of Subcontracts.”
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
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
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
By way of example, Section 6.3 of ConsensusDocs 200 expressly includes both epidemics and adverse governmental actions gives among examples of causes beyond the control of contractors. The AIA A201-2017 form, on the other hand, does not expressly include these specific causes
Some owners do not need financing. If using an AIA form prime contract, remember that the standard A201 General Conditions (Article 2.2) states that upon a written request, the owner is required to provide “reasonable evidence” that the owner has made “financial arrangements” to fulfill the owner’s obligations. And the contractor also has no obligation to “commence the work” until such information is provided. If the AIA form is not used, include something similar in your prime contract
Under the A201, that obligation would include sending a claim for an extension of time