AIA Releases Updated Construction Contract Forms

by Smith Anderson

Smith Anderson

The American Institute of Architects (AIA) recently released the 2017 edition of eleven standard construction and design contract forms, and it plans to release revisions to an additional eighteen forms in the fall of 2017. The AIA documents are the most widely used form contracts in the construction and development industry. AIA has historically updated its forms every ten years in order to ensure that they reflect changes and current trends in the industry. The 2017 update revises the prior 2007 version of several key forms. Some of the more notable forms impacted by the 2017 update include the B101: Owner–Architect agreement, and the A101/A201: Owner–Contractor base agreement and general conditions.[1] While there are a number of substantive changes requiring careful review, the following are among the more significant revisions included in the 2017 updates:

Notable Revisions to Owner/Architect Documents:

  • The definitions of the Architect’s “Basic Services” and “Additional Services” have been modified. Services that are not included in Basic Services but that are identified at the time of contracting are referred to in the new 2017 update as “Supplemental Services” (rather than “Additional Services”). The term “Additional Services” now refers only to those services beyond Basic Services that arise during the course of the project.
  • Rather than including a separate set of documents for “green” or sustainable construction projects, the 2017 update includes a single Sustainable Projects Exhibit that can be used in conjunction with the base AIA forms as appropriate
  • New forms include prompts to address terms related to termination fees when an Owner terminates for convenience or an Architect terminates following the Owner’s suspension of work.
  • Clarification is provided regarding calculation of an Architect’s progress payments when compensation is calculated on a percentage of project cost basis.

Notable Revisions to Owner/Contractor Documents:

  • Streamlined provisions governing the calculation of progress payments and the payment application process.
  • Revised insurance and bond provisions that are addressed by reference to a new Insurance and Bonds Exhibit that works with many of the AIA Owner–Contractor agreement forms. Some key differences between the revised insurance provisions and the prior 2007 form insurance provisions include the new form’s distinction between required coverages and optional coverages, and the requirement that the Owner provide notice to the Contractor within three business days of becoming aware of an impending or actual cancellation or expiration of required insurance. While substantive terms regarding insurance requirements are now addressed in the Insurance and Bonds Exhibit in the new forms, the A201-2017 form still also includes in its text certain key insurance terms that are applicable to most projects.
  • Acknowledgement that the Owner and Contractor may communicate with each other directly and do not need to include the Architect in communications unless the substance of the communication affects the Architect’s services and responsibilities
  • Clarification that, upon written request by Contractor, the Owner must provide proof that it has made financial arrangements to pay for the project.
  • New exhibit for Sustainable Projects (as noted under the Owner/Architect changes referenced above).

While the 2007 forms will be available from the AIA for use until October 31, 2018, the new 2017 versions of the forms are available for use now. Obviously, it is important to evaluate all of the changes in the forms and understand the implications those changes may have in managing the risks on a particular project. Complete comparisons of the revised 2017 forms and the 2007 forms are available on the AIA website.

[1] A full list of the updated forms is available at

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Smith Anderson | Attorney Advertising

Written by:

Smith Anderson

Smith Anderson on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.