AIA Document A201, General Conditions of the Contract for Construction, has been revised in 2017 to ensure that the document is consistent with current industry practice and recent legal precedent. Revisions to AIA Document A201–2007 were made in consultation with prominent industry professionals including contractors, design professionals, sureties, construction attorneys, and insurance experts. A few of the key changes are addressed below:
- Recognizing the expanded use of email and other forms of electronic communication, the provisions describing notice have been clarified to require that all notices under the Contract must be provided in writing, which may include electronic communication by email as specified by the parties.
- A new section (1.8 ) requires the parties to develop protocols for the use of, and reliance on, a building information model or portion thereof. Use of, or reliance on, a building information model without established protocols will be at the using or relying parties sole risk. This provision requires the use of AIA Document E203™–2013 and AIA Document G202™–2013, Project Building Information Modeling Protocol Form, for the establishment of these protocols.
- Clarifies that the Contractor may maintain Contract Documents, Change Orders, Construction Change Directives, Modifications, and other Project records at the site in electronic format.
- It allows for more direct communication between the Owner and Contractor while maintaining the Architect’s ability to keep apprised of communications relating to or affecting its duties on the Project.
- Included new language allowing for the establishment of a “termination fee” that will be agreed to by the parties and payable in the event the Owner terminates the Contractor for convenience. Additionally, revisions have been made to clarify that costs payable to the Contractor under a termination for convenience include costs attributable to terminating subcontracts.
- Clarified the provisions on Claims and Disputes to better identify when an initial decision by the Initial Decision Maker (IDM) is required.
- Coordinated the Insurance and Bonds provisions of Article 11 to work with the new Insurance and Bonds Exhibit to the Owner-Contractor Agreements, A101®–2017, A102™–2017, and A103™–2017. Unlike previous editions of AIA Document A201, which included general contractual terms regarding insurance, insurance terms related to the type and amount of coverage are included in the Insurance and Bonds Exhibit.