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Get Up To Speed On 2007 Changes To Aia A201 General Conditions

Tuesday, March 04, 2008 02:31 pm

Get Up To Speed On 2007 Changes To Aia A201 General Conditions

The American Institute of Architects' (AIA) family of construction contracts are the most commonly used construction contracts in the U.S. The AIA's A201 "General Conditions," last updated in 1997, has undergone a significant revision, with the new version released on November 5, 2007. The A201 General Conditions are incorporated into many AIA construction contracts, including the most commonly used contracts between owners and contractors and between contractors and their subcontractors. The A201 also establishes many of the rights and obligations between the owner and the architect.

Even if you do not typically use the AIA documents, you should know about these changes because clauses and concepts in the AIA documents are commonly found in non-AIA contracts.

1. New "check the box" dispute resolution

The AIA contracts have required that all disputes be decided by binding arbitration since 1888. Many contractors and owners, however, have deleted these provisions requiring binding arbitration. While the A201-2007 still requires mediation before any binding dispute resolution process, the new form allows the parties to literally "check a box" to determine whether disputes will be resolved by arbitration, litigation or "other."If no box is checked, the default is litigation, and not arbitration.If the parties choose binding arbitration, the parties may also choose their own provider of arbitration services. This is a change from the A201-1997 that requires that the arbitration be administered by the American Arbitration Association.

2. Allowing [...]

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