Masonry Magazine December 1997 Page. 12
The Documents Committee
The Documents Committee consists of a group of seasoned, practicing architects who serve on Task Groups concentrating on specific documents, such as A-201, A-201 c/m, A-401, etc. Members of these Task Groups, with the assistance of AIA's legal counsel for documents, evaluate modifications proposed by a wide range of industry representatives and construction attorneys who regularly use AIA documents. More limited input is obtained from associations and professionals representing risk management, insurance, arbitration, surety bonding and similar areas where specialized expertise is needed.
The Associated General Contractors of America (AGC) endorses the current edition of A-201. Similarly, the American Subcontractors Association (ASA) and Associated Specialty Contractors (ASC) jointly endorse A-401. All three associations provide a steady stream of recommended improvements to the current A-201. ASA and ASC also propose recommended modifications to A-401. These recommendations begin as written presentations, including proposed specific language changes and an explanation as to why each change would be beneficial. Regularly scheduled dialogs are held throughout the review process, which takes two to three years. During the document development period, AIA's Task Groups consult with many other industry representatives, particularly those representing owners, to assure that all points of view are given due consideration.
Periodically, AIA publishes interim document drafts that incorporate changes agreed to provisionally by AIA. Reactions to each of these draft documents are submitted by ASA, AGC, ASC and other associations for further consideration of concerns about the latest draft language.
Throughout the document development phase, AIA and its Task Groups focus heavily on maintaining fairness for all parties from the owners through to sub-subcontractors and suppliers. Much emphasis is placed on significant problems that are being experienced on a recurring basis in the real world of construction work. AIA representatives try to minimize changes to their documents in order to maintain continuity and so as not to disturb existing court interpretations based on current language in these forms. While the AIA family of construction documents has obvious legal implications, AIA Task Groups are more concerned about communicating clearly to those who sign the contracts than with legal nuances, seeming inconsistencies and isolated lower court decisions not consistent with the intent of AIA document language.
Subcontractors have been active participants in the A-201 development process for the past 25 years. Prior to the 1976 edition of A-201, AGC represented the interests of both prime contractors and subcontractors during document discussions with AIA. Each new edition has strengthened subcontractors' rights and protections significantly. As a consequence, both ASA and ASC actively promote the use of A 201 and A-401 among their members.
Of particular concern in recent A-201 editions has been the subject of delegated design responsibility. This portion of the document addresses the increasingly frequent practice of contractors and subcontractors being obligated to perform some engineering work. The role of professional engineers hired by contractors and subcontractors has been carefully limited to minimize design delegation abuses while encouraging specialty engineering in such areas as steel fastenings, curtain walls and elevators, as well as value engineering to achieve safe and effective project cost reductions.
As subcontractors continue to perform more jobsite work and related functions, the importance of AIA's family of documents takes on increased significance to specialty contractors. Accordingly, subcontractor associations anticipate even closer involvement in the continuing process of assisting to keep AIA's contract documents in step with evolving new ways for delivering a quality product to the owner in a timely manner.
Editors Note: Thomas J Barfield is a past president of the American Subcontractors Association and has represented ASA in AlA document development since 1974.
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