General Conditions of the Contract for Construction. AIA Document A™ – .. Contract Award and Execution, Conditions Relating to. A™ – General Conditions of the Contract for Construction the most commonly used general conditions document is AIA Document A, General. AIA Document A™ – . Documents except Modifications, the General Conditions take precedence over all other Contract Documents except.
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Back to Briefing Papers Print this Paper. Dean can be reached genera, Hugh can be reached at Kristine can be reached at As the A General Conditions contain many of the more important terms of any AIA Agreement, this Briefing Paper will highlight some of the more significant changes made in the version about which every Owner, Architect, Contractor and Subcontractor should be aware.
Notice can now be transmitted by any number of conventional ways, but Notice of a Claim must be sent by registered mail or courier, which seems to be a pointless exception in this digital age and may catch contractors unawares. Notably, if the parties do not use E or otherwise agree iaa protocols for BIM or other digital data, the party using that data does not conditioons a right to rely upon it.
Changes made to this provision increase the risk that Contractors cannot safely rely on the adequacy of specified means and methods in the Contract Documents. In addition, if the specified means and methods created a safety issue, the previous A required the Contractor to wait for instruction from the Architect after raising a concern, but the responsibility to devise safe means and methods has now been delegated to the Contractor.
The time period within which to give notice of a differing site condition has been shortened teneral 21 to 14 days.
While the scheduling provisions in the version require more detail than those in the version, they still do not impose requirements necessary to produce a CPM schedule. The continued reluctance of the AIA to specify CPM scheduling is odd given its prevalence and genefal use in evaluating time related claims.
AIA Document A™ — SP (Construction Contract General Conditions, Sample Form)
The A continues to impose a warranty of reliability and adequacy on any design delegated to the Contractor in the Contract Document, but the A only imposes liability on the Architect if its design fails to meet the professional standard of care. Indemnity provisions also tend to fonditions vigorously negotiated and often are limited by law, a majority of states now genersl statutory limits on indemnity provisions, and many states make broad indemnities unenforceable, so make sure this standard generwl comports with the applicable indemnity statutes governing your Project.
Revisions to this Section provide helpful clarity regarding how to handle allegedly minor changes in the Work that the Owner or Architect thinks should not have a cost or time impact. The Coditions can now insist on data to substantiate the accuracy in any shifts the Contractor makes in the line items of its Schedule of values.
As this is conditiohs now a standard practice, Contractors should revise this provision or provide notice of Claim regarding any payment reductions with which it disagrees. To avoid inevitable disputes over this ambiguity, changes should be made to this Section so that it covers only indemnity and bonding over of amounts actually paid to the Contractor and not Claims that are in dispute.
The most substantive change to new A — was to delete most of the specific insurance requirements from the General Conditions and move them to an Exhibit A covering Insurance and Bonds that is to be negotiated between the Owner and Contractor as part of their Agreement.
The purpose of the change was to make the concept of some compensation to the Contractor upon a termination for convenience more acceptable to the Owner, the amount being left to negotiation between the parties.
A sentence has been added stating that the Owner need not make a Claim to assess Liquidated Damages. Without Notice of a Claim, however, the Contractor may not know whether or not w201 should make its own Claim for a time extension or to accelerate and generla mitigate a potential Claim for LDs.
AIA Document A201™ — 2007 SP (Construction Contract General Conditions, Sample Form)
Providing Notice of a Claim is always a good idea if only to allow the parties to address the problem early and try to solve it. Notice of Claims arising prior to or during the correction of Work period must be made with 21 days, but Claims arising after the correction of Work period can be initiated merely by Notice without any time deadline.
This aiq a useful clarification as parties often were not sure whether or not the requirement for an IDM decision applied to their Claims. Greater clarity is provided for conxitions payments should be made regarding a pending dispute until it is finally resolved.
Truly neutral dispute evaluators such as Dispute Review Boards have been found effective, but the A missed an opportunity to provide guidance or options on how to better develop that condition. Fortunately, the parties can solve that problem with a well-drafted amendment.
In this conxitions Section, either party is given the right to demand in writing that the other party file for binding dispute resolution within 30 days from the date mediation has been concluded, or 60 days after mediation has been demanded without resolution of the dispute. This provision should be revised by the parties as it does not give the mediation process enough time to determine if the Claim can be settled short of proceeding to final dispute resolution.
The arbitration provisions in the A have not changed significantly, which is unfortunate — i. Policy of the AIA documents committee is ultimately decided by a relatively small group of architects, and delegating the design of dispute resolution to them is like delegating the design of buildings to attorneys — the result is unlikely to work well.
Parties should take advantage generl the opportunity to negotiate and specify the exact terms they want in their arbitration agreement and incorporate that agreement in the A Many other changes were made to the A, but this Briefing Paper has covered the most significant.
The New 2017 AIA A201 General Conditions
Fortunately, changes can be and frequently are made to the A, and many of the risks described above can be addressed and better allocated if the document is negotiated before it is incorporated by reference into your Agreements. Represents diverse participants from the public and private sectors, including design professionals, insurers and subcontractors.
Frequently acts on large-scale regional and national projects. He advises on project development and related litigation, acting for both corporate entities and individuals such as architects.
He represents a broad client base across the gamut of construction concerns, including contract negotiation and disputes. This discussion is generalized in nature and should not be considered a substitute for professional advice.