Masonry Magazine December 1997 Page. 11
AIA
By Thomas J Barfield
The Importance of AIA
Standard Contract Documents to
Construction Subcontractors
For more than a century, the American Institute of Architects (AIA) has published a wide array of uniform construction contract documents. These printed forms are updated regularly to reflect changes in prevailing construction industry practices. The cornerstone of AIA's document family is the A-201 General Conditions of the Contract for Construction. The A-201 defines the basic roles of the parties, including a well-balanced identification of the responsibilities and rights of owners, architects, contractors and subcontractors. The current A-201 edition was published in 1987, and a new edition is scheduled to be released in late 1997.
The A-201 has been described as the "Rules of the Road" for construction agreements. It is the most widely used set of general conditions in private construction contracts. The A-201 also influences the wording of many other sets of contract terms because of its widespread acceptance throughout the industry.
A companion Guide To Supplementary Conditions is also published by AIA for use in adapting the A-201 provisions to reflect specific or unusual requirements for a particular project. A parallel set of general conditions (A-201 c/m) has been developed by AIA for use on construction management jobs.
The agreement between the owner and contractor includes the General Conditions and Supplementary Conditions. Such terms are ordinarily included by reference in subcontracts. Under subcontracts, the general contractor assumes the General Conditions rights and obligations of the owner with respect to its subcontractors. In turn, subcontractors take on the contractor's responsibilities and rights under the General Conditions for the subcontractor's portion of the work. Use of the AIA terms affords subcontractors, and other members of the building team, a level playing field for dealing with the problems inherent in any construction project.
A complete series of related contract and subcontract forms are published by AIA that are consistent with the A-201 General Conditions. Of particular interest to subcontractors are the contractor-subcontractor agreement (Form A-401) and the owner-contractor agreement (Form A-101). The latter document is frequently included by reference in subcontract agreements. The A-401 represents an equitable agreement form for use by prime contractors in subcontracting work to trade contractors such as those who perform mechanical, electrical, roofing or other specialized portions of the project work. AIA also publishes standard payment application forms that are widely used for monthly requisitioning of progress and final payments covering work properly performed. Standardized AIA surety bond forms are also provided for bonded work. All of these documents are carefully drawn to maintain consistency with the A-201 General Conditions.
AIA relies on its Documents Committee to evaluate prospective changes to the family of documents. Revisions are made at approximately eight to 10 year intervals. This provides adequate time to maintain continuity and to allow an approximately two-year transition period when a new edition is placed into use.