Masonry Magazine February 1995 Page. 13
Highlights of the New Model Subcontract Form
A discussion of some of the elements in the new model subcontract form developed by three construction industry trade associations and how they compare with elements in previous subcontracts.
By CHRISTOPHER S. MONEK
Attorney, Lyon & McManus
The Associated General Contractors of America (AGC), the American Subcontractors Association (ASA) and the Associated Specialty Contractors (ASC) have each endorsed and are jointly publishing a new model subcontract form, the "AGC/ASA/ASC Standard Form Construction Subcontract," 1994 edition.
This new subcontract form replaces AGC 600, the "AGC Subcontract for Building Construction," which has been published in several editions since 1984 and which has not carried the endorsement of either ASA or ASC.
The AGC/ASA/AGC subcontract is designed to be "generally compatible" with the 1987 American Institute of Architects (AIA) document A201, "General Conditions of the Contract for Construction."
Contract document users familiar with the 1987 A201 will recognize many of its concepts in the new subcontract. It is not clear at this time whether AIA will be asked by AGC/ASA/ASC to discontinue publication of AIA document A401, "Contractor-Subcontractor Agreement," or whether AIA would do so if asked.
The new subcontract is also based in substantial part on provisions contained in the 1990 AGC 600. Some of the most important subcontract provisions are newly negotiated and appear for the first time under the banner of the three organizations.
Article 14-Payment
The place to begin a subcontract analysis is Article 14, which covers the payment provisions. Subparagraph 14.1.2 provides that "upon request" the contractor shall give the subcontractor a copy of "the most current contractor application for payment" reflecting the amounts approved and/or paid by the owner for the subcontract work performed to date. By contrast, the 1990 AGC 600 provides for an architect verification whereby the subcontractor can obtain from the architect "the percentage of completion certified" for the