Among the key documents revised is the widely used A entitled "General Conditions of the Contract for Construction. Nonetheless, the following are some of the key changes to the version of the A Dispute Resolution Under the A, disputes arising between the owner and contractor were first referred to the project architect for an initial decision. The A now allows the parties to instead hire a third party initial decision maker to attempt to resolve such disputes. If the owner and contractor do not elect to pay the additional fee and hire a third party decision maker, the project architect still may serve as the initial decision maker. If the initial decision making process fails, under the A, the parties were then required to attempt to mediate the dispute before proceeding to arbitration, which was the default method of binding dispute resolution.
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Though not a party to the contract for construction between Owner and Contractor, the Architect participates in the preparation of the Contract Documents and performs construction phase duties and responsibilities described in detail in the General Conditions.
Key among the new concepts included in the Sustainable Projects documents is the development of a Sustainability Plan. The Sustainability Plan outlines the Sustainable Measures necessary to achieve the Sustainable Objective and allocates responsibility for each of those Sustainable Measures to the party Owner, Architect or Contractor in the best position to perform the Sustainable Measure.
The Sustainability Plan is specifically identified as a Contract Document. This is of critical importance to the Contractor. The Contractor is responsible for performing those Sustainable Measures assigned to the Contractor by the Sustainability Plan. It is important that the Contractor review the Sustainability Plan and understand its requirements.
While A— SP states that the Contractor does not guarantee achievement of the Sustainable Objective, the Contractor will be responsible for failure to perform in accordance with the Contract Documents, including the Sustainability Plan. Each of the Sustainable Projects documents contains specific terms developed to allocate the risks presented by sustainable projects. The instructions for each document include a brief explanation of each change or addition to the text of the underlying standard document on which the SP version is based.
Related Documents. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract. As mentioned above and diagrammed below, A— SP is a vital document used to allocate the proper legal responsibilities of the parties.
To prevent and solve this problem, the construction industry commonly uses standardized general conditions, such as AIA Document A— SP, for coordinating those many relationships on the project by its adoption into each contract. The AIA expends significant time and resources in the development of A and its related agreements to provide coordinated linkages in the tiers of legal relationships.
The same is true of the Sustainable Projects SP versions of those documents. AIA documents related to A SP are crafted with common phrasing, uniform definitions and a consistent, logical allocation of responsibilities down through the tiers of relationships. Dispute Resolution—Mediation and Arbitration.
This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this document. Arbitration is no longer mandatory under the terms of the Conventional A family of documents but may be selected in the Owner-Contractor agreement.
If arbitration is selected as the method of binding dispute resolution, that selection is binding in most states and under the Federal Arbitration Act.
In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises.
Even in those states, under certain circumstances for example, in a transaction involving interstate commerce , arbitration provisions may be enforceable under the Federal Arbitration Act. The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, call the American Arbitration Association at , or visit their Web site at www.
AIA Contract Documents are the product of a consensus-building process aimed at balancing the interests of all parties on the construction project. The documents reflect actual industry practices, not theory. They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry—yet they are written, as far as possible, in everyday language.
Finally, AIA Contract Documents are flexible: they are intended to be modified to fit individual projects, but in such a way that modifications are easily distinguished from the original, printed language.
If a combination of AIA documents and non-AIA documents is to be used, particular care must be taken to achieve consistency of language and intent among documents. Standard Forms. Rather, the AIA standard documents are intended to be used as fair and balanced baselines from which the parties can negotiate their bargains.
As such, the documents have won general acceptance within the construction industry and have been uniformly interpreted by the courts. Within an industry spanning 50 states—each free to adopt different, and perhaps contradictory, laws affecting that industry—AIA documents form the basis for a generally consistent body of construction law. Use of Current Documents. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.
There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. This document is intended for use as a consumable—that is, the original document purchased is to be consumed in the course of its use. This document may not be reproduced for project manuals. If a user wishes to include a sample or samples of this document in a project manual, the normal practice is to purchase a quantity of the preprinted forms, binding one in each of the manuals.
The AIA will not permit reproduction of this document or its language, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software. A brief description of each of the changes is provided below. Please visit www. Sustainable design and construction projects create a number of new roles, responsibilities, and risks for project participants that may not be fully discussed in these instructions.
For a more detailed discussion of the roles, responsibilities and risks unique to sustainable projects, please visit www. These concepts are important to the process outlined in the Sustainable Project documents, and to the outcome of a sustainable project. This section has been added to place an obligation on the Owner to perform those Sustainable Measures identified as the responsibility of the Owner in the Sustainability Plan.
Similar to the requirement placed on the Owner in Section 2. If the Owner or Architect recognizes such a condition, the Contractor is required to participate in meetings with the Owner and Architect to discuss alternatives to correct the condition.
It also places a responsibility on the Contractor to report such conditions that are discovered or made known to the Contractor. The Contractor is not required to ascertain if the Contract Documents are in accordance with the requirements of the Certifying Authority but must report nonconformities discovered by or made known to the Contractor. The Contractor is required to include, with a substitution request, a written representation identifying any potential effect the substitution may have on achievement of a Sustainable Measure or the Sustainable Objective.
The Contractor may request that the Architect provide information describing how the product, material or equipment for which a substitution is proposed was intended to satisfy the requirements of a Sustainable Measure or contribute toward achievement of the Sustainable Objective.
This section states that the Contractor will perform the Sustainable Measures required by the Contract Documents, but does not provide a guarantee or warranty under Section 3. This language is not intended to absolve the Contractor of liability for failing to perform in accordance with the Contract Documents. If, after discussion with the Contractor about the potential impacts on the Sustainable Objective, the Owner chooses to use the product, the model language included in Section 3.
The Owner may then authorize further investigation of the change. This section also states the important distinction between Substantial Completion and achievement of the Sustainable Objective, particularly if the Sustainable Objective is tied to a Sustainability Certification, by noting that Substantial Completion is not conditioned on verification of, or actual achievement of, the Sustainable Objective.
This language does not relieve the Contractor of its obligation to correct defective Work; particularly defective Work that might be an impediment to achieving the Sustainable Objective. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws.
Users are encouraged to consult an attorney before completing or modifying a document. In a purchased paper AIA Contract Document, necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special conditions or referenced amendments.
Modifications directly to purchased paper AIA Contract Documents may also be achieved by striking out language. However, care must be taken in making these kinds of deletions. Under NO circumstances should standard language be struck out to render it illegible. For example, users should not apply blocking tape, correction fluid or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent concealment, or suggest that the completed and signed document has been tampered with.
Both parties should initial handwritten changes. Using AIA software, modifications to insert information and revise the standard AIA text may be made as the software permits. By reviewing properly made modifications to a standard AIA Contract Document, parties familiar with that document can quickly understand the essence of the proposed relationship.
Commercial exchanges are greatly simplified and expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal interpretation given to a standard clause. Cover Page Project. The Project should be identified with the same name, and location or address as set forth in the Owner-Contractor agreement.
The Owner should be identified using the same legal name and the address as set forth in the Owner-Contractor agreement. Similarly, the Architect should be identified using the same legal name and the address as set forth in the Owner-Contractor agreement.
A201 - General Conditions of the Contract for Construction (2007)
When adopted into an Owner-Contractor agreement, A— provides an essential component of the construction contract. In addition, A— is incorporated by reference into the Owner-Architect and Contractor-Subcontractor agreements in the A family of documents, thus establishing a common basis for the primary and secondary relationships on the typical medium to large size, or complex involving fast track scheduling or multiple bid packages construction project. Related Documents. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract. As mentioned above and diagrammed below, A— is a vital document used to allocate the proper legal responsibilities of the parties.
Commentary: A201®-2007, General Conditions
A201-2007, General Conditions Commentary