AIA Document A201–2017 may be adopted by indirect reference into the Architect-Consultant agreement when the prime Agreement between the Owner and Architect adopts AIA Document A201–2017 and it is in turn adopted into the Architect-Consultant agreement, AIA Document C401™–2017. A101, Owner/Contractor Agreement where the Basis of Payment is a Stipulated Sum. Reference material available to download free of charge on the AIA Contract Documents Reference Material Web site. Guide to AIA Contract Documents for Small Projects. A101 adopts by reference, and is designed for use with, AIA DocumentA201–2017, General Conditions of the Contract for Construction. In addition,A101 is drafted to be used in conjunction with the A101–2017, Exhibit A,Insurance and Bonds.

• Aia Document A101 Free Download
• Aia Document A101 Template
• Aia A101 2007 Free Download

Document A201™ – 2017 Instructions

General Conditions of the Contract for Construction

GENERAL INFORMATION

Purpose..AIA Document A201™–2017, General Conditions of the Contract for Construction, is considered the keystone document of the Conventional (A201) family of documents because it provides the terms and conditions under which the Owner, Contractor, and Architect will work together during the building construction process. When adopted into an Owner-Contractor agreement, AIA Document A201–2017 provides an essential component of the construction contract. In addition, AIA Document A201–2017 is incorporated by reference into the Owner-Architect and Contractor-Subcontractor agreements in the A201 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.

For smaller or less complex construction projects, document users should consider using AIA Document A104™–2017, Agreement Between Owner and Contractor for a Project of Limited Scope. For single family residential projects, or even smaller and less complex commercial projects, users may wish to consider AIA Document A105™–2017, Agreement Between Owner and Contractor for a Residential or Small Commercial Project.

Related Documents.AIA Document A201–2017 is incorporated by reference into three AIA Owner-Contractor agreements: A101™–2017, A102™–2017, and A103™–2017; into A401™–2017, Agreement Between Contractor and Subcontractor; and into two AIA Owner-Architect agreements: B101™–2017 and B103™–2017. AIA Document A201–2017 may be adopted by indirect reference into the Architect-Consultant agreement when the prime Agreement between the Owner and Architect adopts AIA Document A201–2017 and it is in turn adopted into the Architect-Consultant agreement, AIA Document C401™–2017. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract.

The Contract Documents, including AIA Document A201–2017, record the Contract for Construction between the Owner and the Contractor. The other Contract Documents are the Owner-Contractor agreement, Supplementary Conditions, Drawings, Specifications, and Modifications. Although the AIA does not produce standard documents for Supplementary Conditions, Drawings or Specifications, a variety of model and guide documents are available, including AIA’s MASTERSPEC and AIA Document A503™, Guide for Supplementary Conditions. As mentioned above and diagrammed below, AIA Document A201–2017 is a vital document used to allocate the proper legal responsibilities of the parties.

On construction projects, contractual relationships are created between owners, architects, architects’ consultants, contractors, subcontractors, sub-subcontractors, and others down through the multiple tiers of participants. If custom-crafted agreements were written in isolation for each of those contractual relationships, the problems of overlaps and gaps in the numerous participants’ responsibilities could lead to mass confusion and chaos. To prevent and solve this problem, the construction industry commonly uses standardized general conditions, such as AIA Document A201–2017, 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 AIA Document A201 and its related agreements to provide coordinated documents for each tier of legal relationships. AIA documents related to AIA Document A201 are crafted with common phrasing, uniform definitions and a consistent, logical allocation of responsibilities down through the tiers of relationships. Together these documents are known as the Conventional (A201) family of documents, and are listed below:

A101™–2017, Agreement Between Owner and Contractor (Stipulated Sum)

A102™–2017, Agreement Between Owner and Contractor (Cost Plus Fee, with GMP)

Skyward sword iso download for dolphin. A103™–2017, Agreement Between Owner and Contractor (Cost Plus Fee, without GMP)

A401™–2017, Agreement Between Contractor and Subcontractor

A701™–1997, Instructions to Bidders

B101™–2017, Agreement Between Owner and Architect

B103™–2017, Agreement Between Owner and Architect for a Large or Complex Project

B201™–2017, Architect’s Services: Design and Construction Contract Administration

B209™–2017, Architect’s Services: Construction Contract Administration

C401™–2017, Agreement Between Architect and Consultant

A503™, Guide for Supplementary Conditions

B503™, Guide for Amendments to AIA Owner-Architect Agreements, and

D503™, Guide for Sustainable Projects, including Commentary on AIA Sustainable Projects Documents

The A201 family is augmented by a number of standard contract administration documents (G-Series) used generally for processing payments to the Contractor and formalizing changes in the Work.

The AIA publishes two other general conditions documents that parallel AIA Document A201–2017, one for the Construction Manager as Adviser family of documents, AIA Document A232, and the other for the Interiors family of documents, AIA Document A251.

Insurance and Bonds. .Unlike previous editions of AIA Document A201, which included general contractual terms regarding insurance, insurance terms related to the type and amount of coverage are included in the Insurance and Bonds Exhibit to each of the Owner-Contractor agreements (A101–2017, A102–2017, and A103–2017). This Insurance and Bonds Exhibit forms an integral part of the Contract for construction and allows the parties to establish key insurance terms related to the Project. Failure to use the appropriate Insurance and Bonds Exhibit could result in the parties having little or no insurance coverage to respond to a loss or third party claim related to the Project. The AIA encourages you to discuss the Insurance and Bonds Exhibit, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction.

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 not mandatory under the terms of the 2017 Conventional (A201) 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, write to the American Arbitration Association or call (800) 778-7879. The American Arbitration Association may also be contacted at www.adr.org.

Why Use AIA Contract Documents.. 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.

Use of Non-AIA Forms.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.Most AIA documents published since 1906 have contained in their titles the words “Standard Form.” The term “standard” is not meant to imply that a uniform set of contractual requirements is mandatory for AIA members or others in the construction industry. 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.Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. or a local AIA component to verify the most recent edition.

Reproductions.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.

Unlike many other AIA Contract Documents, AIA Document A201–2017 does not include the AIA’s express written permission to reproduce copies of the document. 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 documents purchased electronically. Users of documents purchased electronically should consult the End User License Agreement.

To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

CHANGES FROM THE PREVIOUS EDITION

AIA Document A201–2017 revises the 2007 edition of AIA Document A201 to reflect changes in construction industry practices and the law. Comments and assistance in this revision were received from numerous individuals and organizations, including those representing owners, architects, engineers, specifiers, general contractors, subcontractors, independent insurance agents, sureties, attorneys and arbitrators.

A number of substantial changes have been made to AIA Document A201–2017. The principal changes are described below:

Article 1 General Provisions

§ 1.1.1 The last sentence of this section has been modified to recognize that portions of Addenda relating to both bidding and proposal requirements are excluded from the Contract Documents unless agreed otherwise. Previously, the document only specifically excluded portions of Addenda relating to bidding requirements.

§ 1.1.8 This section has been revised to clarify that the initial decision maker may not show partiality to the Owner or Contractor and will not be liable for the results of interpretations and decisions rendered in good faith.

§ 1.2.1.1 This new provision has been included to avoid a situation where the entire Contract, or a provision of the Contract, may be rendered invalid because a provision of the Contract is held invalid or unenforceable by a court of law or arbitrator(s). Where a provision of the Contract has been deemed invalid or unenforceable, such provision will be read out of the Contract to the extent necessary to maintain the validity and enforceability of the remainder of the Contract or provision.

§ 1.6 The section on written notice has been moved from Article 13 to Article 1. In addition, the revised provision requires that all notices under the Contract be in writing. 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.

§ 1.7 Formerly Section 1.6 in AIA Document A201–2007, this section now requires the use of AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit for the development of protocols for the transmission of Instruments of Service or other data in digital form.

§ 1.8 This new section requires the parties to develop protocols for the use of, and reliance on, a building information model or portion thereof. Use of, or reliance on, a building information model without established protocols will be at the using or relying parties sole risk. This provision requires the use of AIA Document E203–2013 and AIA Document G202™–2013, Project Building Information Modeling Protocol Form, for the establishment of these protocols.

Article 2 Owner

§ 2.2 The provisions requiring the Owner to provide evidence that it has made financial arrangements for the Project have been modified for clarity. The Contractor’s right to request financial information remains largely unchanged from the 2007 edition. However, new language has been added as Section 2.2.4 to recognize that financial information provided by the Owner should be treated as confidential by the Contractor.

§ 2.5 The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. Revisions to this section clarify that when the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, the Owner may correct the Work and the Architect may withhold or nullify a Certificate for Payment to the extent reasonably necessary to reimburse the Owner for the cost of correction. Previously, this provision required a Modification to the Contract Documents to effectuate the withholding. A Modification is impractical because it would require agreement by the Contractor to the withholding. If the Contractor disagrees with the withholding, it may make a Claim in accordance with Article 15.

Article 3 Contractor

§ 3.3.1 This section has been modified to address concerns that the Contractor could be required to perform construction means or methods specified in the Contract Documents that it deems unsafe. Under the new language, where the Contractor deems construction means and methods proposed in the Contract Documents to be unsafe, it may perform under alternative means and methods provided the Architect does not object.

§ 3.5.2 This new provision requires that material, equipment, and other special warranties (e.g. a twenty-year roof warranty) must be written in the name of the Owner or be transferable to the Owner and will commence in accordance with Section 9.8.4.

§ 3.7.4 Feedback from various industry participants suggested that the 21- day period in A201-2007 for the Contractor to report concealed or unknown conditions was unnecessarily long. This reporting period has been shortened to 14 days.

§ 3.10.1 This section has been expanded to require that the Contractor’s schedule contain detail appropriate to the Project, including: (1) the date of commencement, interim milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by trade or building system; and (3) the time required for completion of each portion of the Work. These changes are meant to balance the need for a more detailed schedule with the ability to use AIA Document A201–2017 on projects of differing complexity.

§ 3.11 Revisions to this section clarify that the Contractor may maintain Contract Documents, Change Orders, Construction Change Directives, and other Modifications at the site in electronic format.

§ 3.12.10.2 In certain circumstances, the Contractor may hire its own design professionals to design specific portions of the Work based on design criteria provided by the Architect. This new section requires that the Contractor provide the Owner and Architect with certification from its design professional that construction Work based on the design professional’s design has been completed in accordance with the design criteria.

Article 4 Architect

§ 4.2.4 In order to allow for direct communication between the Owner and Contractor while maintaining the Architect’s ability to remain abreast of discussions relating to or affecting its duties on the Project, this section has been modified to state that the Architect is required to be included in conversations between the Owner and Contractor only when related to the Architect’s services or professional responsibilities. The Owner is required to notify the Architect of conversations that relate to the Project even when they do not affect the Architect’s services or professional responsibilities.

Article 6 Construction by Owner or by Separate Contractors

§ 6.1.1 The term “Separate Contractor” has been defined in this section to mean other contractors retained by the Owner under separate agreements and is used as a defined term throughout the document.

Article 7 Changes in the Work

§ 7.4 Revisions to this section clarify that the Contractor should not proceed with a minor change in the Work directed by the Architect if the Contractor believes that the change will affect the Contract Sum or Contract Time. If the Contractor proceeds without giving notice that it believes a change in the Contract Sum or Contract Time is warranted, it waives any right to a change resulting from the changed Work.

Article 8 Time

§ 8.3.1 Revisions to this section clarify that adverse weather conditions as set forth in Section 15.1.6.2 may entitle the Contractor to an extension of the Contract Time. In addition, for other causes not enumerated, the Contractor must make an assertion that must be approved by the Architect, rather than the Architect making a unilateral determination of the impact to the Contract Time as in A201-2007.

Article 9 Payment and Completion

§ 9.1.2 Section 7.3.4 of AIA Document A201–2007 regarding unit prices has been moved to Section 9.1.2.

§ 9.2 This section has been modified to require that changes to the schedule of values must be submitted to the Architect and will be used as the basis for reviewing subsequent applications for payment.

§ 9.3.1 This section has been revised to include releases and waivers of liens as documents that the Owner and Architect may require to accompany an application for payment.

§ 9.4.1 This section has been revised to clarify that the Architect has three options with respect to the Contractor’s Application for Payment. The Architect may: (1) issue a Certificate for Payment for the full amount of the Application; (2) issue a Certificate for Payment for a portion of the Application and notify the Contractor and Owner of its reasons for withholding certification of a portion of the Application; or (3) withhold certification of the entire Application and notify the Contractor and Owner of its reason for withholding certification.

Article 11 Insurance and Bonds

Many of the insurance provisions have been removed from AIA Document A201 and are included in an exhibit to the Owner-Contractor agreement. Sections regarding the waiver of subrogation and the Owner’s obligation to hold insurance proceeds as a fiduciary to the party experiencing a loss remain in AIA Document A201–2017, along with other provisions dealing with failure to purchase or cancellation of required insurance coverage. Detailed instructions for the use of the Owner-Contractor agreement, Insurance and Bonds Exhibit, may be found in the instructions for each of the respective Owner-Contractor agreements, A101–2017, A102–2017, and A103–2017. Note that AIA Document A201–2017 requires that insurance and bonds be issued by companies lawfully licensed to issue insurance and bonds, as the case may be, in the jurisdiction where the Project is located. Information regarding insurers and sureties admitted to write insurance or issue bonds in your jurisdiction can be found by contacting the insurance commissioner in each state. Contact information for each state’s insurance commissioner can be obtained from the National Association of Insurance Commissioners.

As previously stated, the AIA encourages you to discuss the Insurance and Bonds Exhibit, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction.

Article 14 Termination or Suspension of the Contract

§ 14.4.3 The Owner-Contractor agreements have been modified to establish a “termination fee” that will be agreed to by the parties and payable in the event the Owner terminates the Contractor for convenience. This provision has been revised to reference that the termination fee is payable upon termination of the Contractor for convenience by the Owner.

Article 15 Claims and Disputes

Several changes have been made to this Article. First, the section on “time limits on claims” has been moved to Article 15 from Article 13. Second, revisions clarify that claims occurring before conclusion of the corrections period are subject to a 21- day notice period and are also subject to initial decision by the Initial Decision Maker. Claims made after conclusion of the corrections period are not subject to the 21 day notice requirement and do not require a decision by the Initial Decision Maker. This change is meant to clarify that the reason for the 21 day notice period and decision by the Initial Decision Maker is to keep the Project moving without delay. This is not a necessity following conclusion of the corrections period.

§ 15.1.4 This section has been separated into two subsections. The first, Section 15.1.4.1, includes existing language requiring the Contractor to perform, and the Owner to make payment, in accordance with the Contract Documents pending resolution of a dispute. The second, Section 15.4.1.2, is a clarification of the existing requirement that the Architect issue Change Orders in accordance with the decision of the Initial Decision Maker (IDM). Under the new section, the Contract Sum and Contract Time will be adjusted in accordance with the decision of the IDM, subject to the parties’ rights to proceed to mediation or binding dispute resolution. This distinction is made because a Change Order must be signed by the Owner, Contractor and Architect. Where the decision of the IDM is disputed by one of the parties, it is unlikely that the disputing party would be willing to execute a Change Order.

§ 15.2.6.1 Revisions to this section set clear and identifiable time limits. The 2007 version used the date of the initial decision from the Initial Decision Maker as the trigger for both the demand for mediation (30 days from initial decision) and the filing of mediation by the party receiving the demand (60 days from initial decision). This could prove problematic if, for some reason, actual receipt of the initial decision is delayed for some period of time. New language establishes receipt of the initial decision as the trigger for demanding mediation and receipt of the demand as the trigger for the other party to file for mediation. Both time periods have been set to 30 days to allow for speedy resolution of disputes.

§ 15.3.3 A201 has long allowed one party to demand that the other party file for mediation following an initial decision under Section 15.2.6.1. However, if mediation is concluded without resolution of the Claim or mediation is progressing without resolution, a party could not similarly demand that the other party file for binding dispute resolution in order to speed the final resolution of the claim. Section 15.3.3 has been added to allow for one party to demand that the other party file for binding dispute resolution within 30 days from the date mediation is concluded without resolution of a Claim or 60 days after mediation has been demanded without resolution. If the party receiving the demand for binding dispute resolution fails to file within 60 days of receipt of the demand, then both parties waive their right to further pursue the Claim.

§ 15.4.4 This section has been revised to clarify that consolidation and joinder decisions cannot be made at the sole discretion of the party seeking consolidation and joinder but, rather, must be made in accordance with the applicable arbitration rules

USING A201–2007

Aia Document A101 Free Download

Modifications.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. Furthermore, retyping and electronic scanning are not permitted under the user’s limited license for use of the document, constitute the creation of a derivative work and violate the AIA’s copyright.

Cover Page

Project. The Project should be identified with the same name, and location or address as set forth in the Owner-Contractor agreement.

Aia Document A101 Template

Owner.The Owner should be identified using the same legal name and the address as set forth in the Owner-Contractor agreement.

Aia A101 2007 Free Download

Architect. Similarly, the Architect should be identified using the same legal name and the address as set forth in the Owner-Contractor agreement.