AIA DOCUMENT A102 PDF

Related Documents. The other Contract Documents are: General Conditions i. This insurance and bonds exhibit forms an integral part of AIA Document A— and allows the parties to establish key insurance terms related to the Project. Failure to use AIA Document A— Exhibit A could result in the parties having little or no insurance coverage to respond to a loss or third party claim related to the Project. Dispute Resolution—Mediation and Arbitration. Mediation is a non-binding process, but is mandatory under the terms of this agreement.

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AIA Document A— is a stand-alone agreement with its own internal general conditions and is intended for use on construction projects of limited scope and complexity. It may be used for projects where payment is based on either a stipulated sum or the cost of the work plus a fee, with or without a guaranteed maximum price. AIA Document A— establishes the agreement between an Owner and Contractor for construction projects of limited scope and complexity. A is a stand-alone agreement that does not require the use of a separate general conditions document.

A— may be used on projects where the basis of payment is a stipulated sum fixed price or cost of the work plus a fee, with or without a guaranteed maximum price. The Owner and Contractor are asked to select the payment method in the agreement using a checkbox. If either of the two cost-plus payment methods is selected, then the parties will complete, and incorporate into the agreement, Exhibit A, which provides the detail for the Cost of the Work. These agreements are written for a stipulated sum, cost of the work with a guaranteed maximum price, and cost of the work without a guaranteed maximum price, respectively.

Related documents. A— is used as one part of the Contract Documents that record the Contract for Construction between the Owner and Contractor.

Such modifications will be needed because A— incorporates by reference AIA Document A— , General Conditions of the Contract for Construction, while A— contains its own general conditions.

Changes from the previous edition. It incorporates alterations proposed by architects, contractors, owners, and professional consultants. The title of the document has been changed to better reflect its intended use on a broad range of projects where an abbreviated document with incorporated general conditions is appropriate. To the extent that the Owner needs additional time to file mortgages or security interests or delay the Project start for reasons other than the issuance of a NTP, the parties would select and complete option 3.

This language requires the Owner to authorize revisions to the Contract Documents that incorporate any agreed-upon assumptions upon which the Guaranteed Maximum Price is based. These documents will be used where the Project is required to achieve a Sustainable Objective, as specified by the Owner, and will include key provisions applicable to the Owner-Contractor Agreement.

For specifics about the use of E—, please see the instructions accompanying the document. Use of, or reliance on, a building information model without established protocols will be at the using or relying parties sole risk.

Additionally, language has been included that allows the parties to provide notice through electronic means such as email. Notice of Claims may not be provided electronically and must be delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery.

This provision addresses those particular interests of the Owner in a cost plus contract, and the corollary obligations of the Contractor. The Contractor is not required to commence construction if it requests such evidence and the Owner fails to provide the evidence.

If the Contractor disagrees with the withholding, it may make a Claim in accordance with Article In that event, the Contractor is permitted to rely on the performance and design criteria provided by the Owner and Architect. The Contractor may not proceed with a minor change without giving notice that it believes a change in the Contract Sum or Contract Time is warranted to the Architect.

This language has been moved to Article 15 because it was deemed out of place in Exhibit A. Article 17 — Insurance The insurance section has been expanded and modified to track the insurance requirements set forth in the owner-contractor agreements. The AIA encourages you to discuss the insurance and bonds requirements of A— with your insurance broker and legal counsel, so that appropriate insurance can be put in place before the start of construction.

Additionally, revisions have been made to clarify that costs payable to the Contractor under a termination for convenience include costs attributable to terminating subcontracts. Article 21 — Claims and Disputes Several changes have been made to this Article. Second, revisions clarify that claims occurring before conclusion of the corrections period are subject to a day notice period and are also subject to initial decision by the Architect.

Claims made after conclusion of the corrections period are not subject to the day notice requirement and do not require a decision by the Architect. This change is meant to clarify that the reason for the 21 day notice period and decision by the Architect is to keep the Project moving without delay. This is not a necessity following conclusion of the corrections period. As previously stated with respect to Section Other changes to Exhibit A are described below.

Article A. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. Section A. This is not a change to the operation of the provision; it clarifies that these costs may only be included in the Cost of the Work if approved by the Owner.

Rather, the Contractor is responsible for determining which Subcontractor bids will be accepted and the Owner, in consultation with the Architect, may choose to reject Subcontractors proposed by the Contractor. 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 agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration 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, contact the American Arbitration Association at or visit the website at adr.

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Summary: A104™–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor

AIA Document A— is a stand-alone agreement with its own internal general conditions and is intended for use on construction projects of limited scope and complexity. It may be used for projects where payment is based on either a stipulated sum or the cost of the work plus a fee, with or without a guaranteed maximum price. AIA Document A— establishes the agreement between an Owner and Contractor for construction projects of limited scope and complexity. A is a stand-alone agreement that does not require the use of a separate general conditions document.

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Through its adoption by reference of AIA Document A—, this document provides for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration 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.

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