AIA A201: 2017 Changes
Kegler Brown Construction Newsletter July 26, 2017
Every 10 years, AIA revises a particular document. This year the A201 General Conditions are being modified. Most of the changes are “no big deal” with a few exceptions noted below:
1.1.8 The Initial Decision Maker (normally the Architect) shall be impartial to both Owner and Contractor, and shall not be liable for decisions in good faith.
1.8 Relying upon Building Information Models (BIM) is at the relying party’s risk.
2.2.2 If the Owner fails to provide proof of financial assurance within 14 days of the Contractor’s request, the Contractor may stop work until reasonable evidence is provided.
2.3.3 If the Architect is terminated, the Owner must find a successor to whom the Contractor has no reasonable objection.
7.4 If the Contractor performs the Architect’s order for minor changes in the work without prior notice of price or time ramifications, those adjustments are waived.
9.3.1 Releases and waivers of claims from Subs/Suppliers may be required with pay applications.
9.6.4 Owner may contact not only Subs, but also Suppliers, to see if they have been properly paid.
9.6.8 Provided Owner has fulfilled his payment obligations, the Contractor shall indemnify Owner from liens.
9.10.4 Making of final payment does not waive claims arising from a subsequent Owner audit.
11.1.1 Owner, Architect and Architect’s consultants are to be named as Additional Insureds under Contractor’s CGL policy.
11.1.3 Contractor shall provide a copy of any bonds to potential beneficiaries upon request (i.e., Sub requesting Payment Bond).
11.1.4 Contractor must notify Owner within 3 business days of cancellation/expiration of insurance.
11.2.2 In the event the Owner fails to procure required insurance coverage, Owner waives claims to the extent loss would have been covered under insurance.
11.2.3 Owner must notify Contractor within 3 business days of cancellation/expiration of insurance. In the event the Owner fails to procure required property insurance coverage, Owner waives claims to the extent loss would have been covered under insurance.
14.4.3 In the event of a termination for convenience, costs attributable to terminations of subcontracts and termination fee (if any) are recoverable rather than reasonable overhead and profit on unperformed work.
15.1.1 Owner need not file a claim to impose liquidated damages.
15.1.2 All claims must be asserted no later than 10 years after substantial Completion of the work.
18.104.22.168 If mediation is demanded within 30 days after receipt of a decision from the Initial Decision Maker and a party fails to do so within 30 days of receipt, then mediation and an ability to challenge the decision is waived.
15.4.1 Arbitration shall be located where the project is located.
An Insurance and Bonds exhibit is to accompany the Owner-Contractor Agreement.