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
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
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
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
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
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
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
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
Environmental Citizen Suits—A Growing Trend Under the Trump Administration - In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the...more
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 the budget. Key components of any successful construction...more
The American Institute of Architects (“AIA”) revises its standard contract forms every ten (10) years and, in April 2017, released some of the revised documents for 2017. An additional 18 forms will be released later in...more
Roughly every 10 years, the American Institute of Architects (AIA) updates its construction contract documents, which are among the most widely used and accepted forms in the construction industry, to reflect legal and...more
[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,...more
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....more
The American Institute of Architects (AIA) published its first contract document in 1888 when it published its Uniform Contract between Owner and Contractor. Since then, the AIA has significantly updated and expanded its...more
At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions...more
Owners and contractors beware! The warranty you get may not be what you bargained for. Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a...more
Construction documents, whether for a new building project or for a build out of tenant improvements, can be quite involved and perhaps a little daunting to an owner presented with “standard” American Institute of Architects...more
Coast Paving & Sealcoating, Inc. v. N. Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Mar. 6, 2015). - North Allegheny School District (“Owner”) hired East Coast Paving & Sealcoating, Inc. (“Contractor”) to pave...more
School districts and municipalities often accept form agreements provided by their design professional or consultants, or use a standardized set of construction contract documents (such as the American Institute of Architects...more