AGC of America, Contract Documents Forum, created a working group to equip AGC members with information regarding the new provisions in the AIA A201 2017. This Commentary highlights the most important changes made in the 2017 edition and offers some recommendations builders may seek to revise if the AIA A201 is thrust upon them. AGC was not invited to provide input into the development of the AIA A201, which had previously been routine for at least 60 years. AGC does not endorse the AIA A201, but AGC does actively participate and endorse ConsensusDocs standard construction contracts.
Highlights of the AIA A201 Commentary, which you can download below include:
- Contractor is Responsible for Unsafe Owner-Directed Means & Methods: Contractors are now responsible to correct the Owner’s or Architect’s directed means and methods (§3.3.1).
- Termination for Convenience Leaves Builders Short: A Contractor is no longer entitled to lost overhead and profit on unperformed work if terminated for convenience, but Subcontractors are inconsistently entitled.
- Insurance Exhibit: This new Exhibit A is a major change and provides options which may or may not be readily available in your market.
- Notice the New Broad Notice: There are now different requirements for giving notice for claims and nonclaims. Be sure not to guess wrong.
- BIM & Emails Cannot be Relied Upon Unless . . . For the first time ever, AIA impacts your substantive rights and claims based upon use of AIA branded contract documents (§1.7).
AGC would like to thank the dedicated professionals who contributed to this commentary.