Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker...more
Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property...more
The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of...more
A common provision often deleted from the standard form AIA documents is the provision in the AIA A201 General Conditions requiring an Initial Decision Maker (IDM) for claims between the contractor and owner. In the A201, the...more
In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more
As many in the construction industry are aware, owners and lenders often require prime contractors, subcontractors, and suppliers to execute sworn statements and lien waiver and release forms as a prerequisite to payment....more
The American Institute of Architects (AIA) Contract Documents program recently released a limited number of state-specific Sworn Construction Statements and Lien Waiver and Release forms for use on construction projects. At...more
The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from American Institute of Architects (AIA) member firms located throughout the country reporting on activity of...more
The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from American Institute of Architects (AIA) member firms located throughout the United States reporting on construction project...more
The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging...more
Gables Construction, Inc. v. Red Coats, Inc., No. 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) - Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc. (“GCI”) to construct a multi-building...more
The American Institute of Architects (“AIA”) produces form contract documents widely used in the construction industry. Because of the prevalence of AIA contracts, many parties consider them to be standard and may not fully...more
In Liberty Mutual Fire Ins. Co. v. Fowlkes Plumbing., L.L.C., No. 2019-FC-10285-SCT, 2020 Miss. LEXIS 44, the Supreme Court of Mississippi considered whether the subrogation waiver in the General Conditions of the...more
It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more
When creating the contract for a large construction project, having a firm grasp of the American Institute of Architects (AIA) Document A201-2017, General Conditions of the Contract for Construction (A201) is essential. This...more
A Case Against One-Size-Fits-All Construction Contracts - Project development involves careful planning and clear contractual requirements on the front end to help ensure that the project is completed on time and within...more
According to the AIA, the 2017 document set simplifies the payment provisions found in the older documents. In order to simplify the payment provisions, the AIA merely reorganized the items to be listed in a payment...more
As you probably have heard by now, the American Institute of Architects (AIA) introduced its updated versions of its most popular standard form contracts in April of 2017. However, many owners, contractors, architect and...more
The new E204 Sustainable Projects Exhibit addresses the risks and responsibilities unique to projects involving sustainable design and construction. The AIA has taken many of the provisions found in various AIA contract...more
In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more
Because no engineer or architect can design every detail of a project, the design of certain elements may be delegated to you, the contractor, and those under your contractual umbrella. This allows those with more knowledge...more
The standard construction contract documents issued by the American Institute of Architects (“AIA”) are widely used in the construction industry to delegate various obligations and rights leading up to, and during, a...more
On March 8, Jason Copley and John Greenhall are presenting a webinar for the Construction Financial Management Association New Jersey Chapter on AIA and ConsensusDoc Contracts. This webinar will discuss the two primary...more
A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American...more
In 1997, the American Institute of Architects (“AIA”) started updating the A201 every ten years. The AIA has now introduced a 2017 version of the A201 and other contract documents, including the A100 series. ...more