AIA Releases 2017 Edition of Contract Documents

The American Institute of Architects (AIA) has announced, at AIA ’17 Conference on Architecture, the release of the 2017 edition of the A201 family of contract documents. This release includes updated versions of the AIA’s flagship documents, developed for the design-bid-build delivery model. Working with architects, contractors, subcontractors and owners, the AIA Documents Committee updates this core set of documents every 10 years. This helps ensure that the AIA legal form and agreements reflect changes and trends in the industry, and that the AIA Contract Documents remain the Industry Standard.

“It is important that industry professionals learn about the 2017 revisions,” says Kenneth Cobleigh, Esq., managing director and counsel of AIA Contract Documents. “The changes impact the roles and responsibilities of each of the parties directly, and understanding the changes will help everyone to review and finalize project contracts. We hope that all industry participants take advantage of the written resources and education programming opportunities available to learn about, and understand, the 2017 revisions and the full portfolio of AIA Contract Documents.”

Some of the owner/architect changes:

  • Single Sustainable Projects Exhibit that can be used on any project and added to most AIA contracts to address the risks and responsibilities associated with sustainable design and construction services.
  • Agreements contain a fill point to prompt the parties to discuss and insert an appropriate Termination Fee for terminations for the owner’s convenience.
  • Architect is no longer required to re-design for no additional compensation if he or she could not have reasonably anticipated the market conditions that caused the bids or proposals to exceed the owner’s budget.
  • Services beyond Basic Services and identified at the time of agreement are now categorized as Supplemental Services, to avoid confusing them with Additional Services that arise during the course of the project.
  • Agreements clarify how the Architect’s progress payments will be calculated if compensation is based on a percentage of the owner’s budget for the work.

Some of the major owner/contractor changes are:

  • New exhibit with comprehensive insurance and bonds provisions that can be attached to many of the AIA owner/contractor agreements.
  • Provisions relating to direct communications between the owner and contractor.
  • Revised provisions pertaining to the owner’s obligation to provide proof that it has made financial arrangements to pay for the project.
  • Simplified provisions for the contractor to apply for, and receive, payments.
  • Sustainable Projects Exhibit, as noted above under the owner/architect changes

The documents included in this April release are:

  • “A101–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum”
  • “A102–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price”
  • “A103–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price”
  • “A104–2017(formerly A107-2007), Standard Abbreviated Form of Agreement Between Owner and Contractor”
  • “A105–2017, Standard Short Form of Agreement Between Owner and Contractor”
  • “A201–2017, General Conditions of the Contract for Construction”
  • “A401–2017, Standard Form of Agreement Between Contractor and Subcontractor”
  • “B101–2017, Standard Form of Agreement Between Owner and Architect”
  • “B102–2017, Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect’s Services”
  • “B103–2017, Standard Form of Agreement Between Owner and Architect for a Complex Project”
  • “B104–2017, Standard Abbreviated Form of Agreement Between Owner and Architect”
  • “B105–2017, Standard Short Form of Agreement Between Owner and Architect”
  • “C401–2017, Standard Form of Agreement Between Architect and Consultant”
  • “E204–2017, Sustainable Projects Exhibit”

The 2017 documents are available through an unlimited license or as a single customizable document on ACD5, the online platform. The documents are also available as single, non-editable documents on AIA Documents on Demand and as paper version through some AIA Chapters. Visit here for more information. Comparative versions showing the differences between the 2017 and 2007 editions are also available.

AIA Releases Six Design-Build Forms as Part of Contract Docs Expansion

The American Institute of Architects (AIA) launched nine new contract documents. These include a new owner/consultant agreement with two accompanying scope of service exhibits for land surveying and geotechnical engineering, as well as six new administrative forms for use on design-build projects.

“We are constantly collaborating with industry stakeholders and practitioners to identify growing contract needs,” says Kenneth Cobleigh, managing director and counsel, AIA Contract Documents. “Our customers expressed a need for a standard form of agreement owners could use to engage necessary consultants and leverage their expertise; the new C103 document addresses that need these additions also cap off our design-build family of documents, which are preferred by the industry at large for commercial design-build projects.”

The C103–2015, Standard Form of Agreement Between Owner and Consultant without a Predefined Scope of Consultant’s Services establishes expectations between an owner and consultant on a project. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension, and compensation.

The accompanying scope of services exhibits include:

  • C201-2015, Standard Form of Consultant’s Services: Land Survey: This exhibit establishes the duties and responsibilities of a surveyor who is hired as a consultant by a property owner, and allows the parties to select between a boundary, topographic, or ALTA/ACSM survey.
  • C202-2015, Standard Form of Consultant’s Services: Geotechnical Engineering Services: This exhibit establishes the duties and responsibilities of a geotechnical engineer who is hired as a consultant by a property owner. It separates the geotechnical engineer’s services into four phases: explorations and testing, preparation of a geotechnical report, design services, and construction services.

Both documents are scope of services exhibits intended to be attached to AIA Document C103-2015. They may not be used as stand-alone agreements. The AIA worked with land surveying and geotechnical engineering experts to define the parameters of these documents.

“We were pleased that the AIA sought our input on technical content during the development of C201-2015, Standard Form of Consultant’s Services: Land Survey,” says Curt Sumner, LS, executive director of the National Society of Professional Surveyors. “We believe this document is an important addition to the AIA library of contract documents.”

The AIA has also added six new design-build forms to complete the Design-Build family of documents, which has quickly become one of the most popular document families in the AIA portfolio. The six new documents include:

  • G741-2015, Change Order for a Design-Build Project
  • G742C-2015, Application and Certificate for Payment for a Design-Build Project, Contractor Variation
  • G742S-2015, Application and Certificate for Payment for a Design-Build Project, Subcontractor Variation
  • G743C-2015, Continuation Sheet for a Design-Build Project, Contractor Variation
  • G743S-2015, Continuation Sheet for a Design-Build Project, Subcontractor Variation
  • G745-2015, Change Directive for a Design-Build Project

The new documents are currently available through the latest version of the AIA Contract Documents desktop software, as well as individually through AIA Documents-on-Demand and AIA Documents-on-Demand Plus.