Fill Aia A, download blank or editable online. Sign, fax and printable from PC, iPad, tablet or mobile with PDFfiller ✓ Instantly ✓ No software. Try Now!. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to. AIA is a contract document which covers the contractual relationship between contractors and subcontractors.

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This article will highlight the most important changes to be found in the revised documents. This contract change is found at section 7.

Amending the AIA A to avoid pro rata share backcharges for job site cleanup – Lexology

While this may simply be a question to ponder… there is an undeniable trend. This document is the keystone document of all AIA contract documents in that it provides the framework of and for the relationships of those involved in the particular project as well as the aai support for the other contract documents.

If the owner has failed to respond with the requested proof of financing within 14 days, the contractor has the right to stop its work. In such instances, the prime contractor will frequently attempt to apportion the cleanup costs on a pro rata basis among the various subcontractors known to have been working in each area at the time that the trash and debris were left in the affected work area.

With the revisions to section Generally, those who generate trash on a project must get rid of the trash. Register now for your free, tailored, daily legal newsfeed service. The Subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors and shall not be subject to any charge by the Contractor for trash removal or cleanup determined on a pro rata or similar basis.


In the version of the A contractors and subcontractors were entitled to “reasonable overhead and profit on work not executed” in the event of a termination of the project or contract by the project owner. This exhibit addresses almost all of the insurance and bond requirements for the owner and contractor. This section now permits for delivery of various required Notices by e-mail or other electronic transmission if set forth in the Agreement.

USA September 2 Whereas the required insurances and bonds were found at Article 11 in prior versions of the A this information is now set forth in this newly created document.

Prior to the version of the A, the architect was authorized to order the contractor to perform minor changes in the Work. These documents have been evolving over this near year period to include and acknowledge changes in industry technology, construction practices and case law involving litigated construction issues.

Amending the AIA A401-2007 to avoid pro rata share backcharges for job site cleanup

Typically, it is the responsibility aja the subcontractor to clean up and remove from the jobsite, or place in a dumpster provided by the prime contractor, all trash and debris including scrap materials, waste materials, rubbish, packaging materials, and crates and pallets used to ship materials and fixtures to the project site. Oftentimes it is difficult for the prime contractor to determine which subcontractor was responsible for the trash and debris left in the work areas.

The A at new section 9. The significant changes in the A include the following: The Subcontractor shall not be held responsible for conditions caused by other contractors or subcontractors. It is notable that over the several versions of the general conditions document A from its debut in to the current version, it has become increasingly lengthy.

Recent Changes to the AIA Form Contract Documents

If the length of the contract documents someday if not already todaywill result in the greater likelihood that these contracts will go unread by those subject to its terms simply due to their daunting length, should we be seeking to account for and address every new innovation, technology, trend, construction means, and precedential court case in our contract documents moving forward?


No decision by the Initial Decision Maker is required for these claims. This of course begs the question as to whether the inclusion of more terms will make a contract document more clear, or will the ever increasing length and number of terms instead lead to the likelihood of ambiguity and inconsistency of terms.

Subcontractors may want to consider replacing Section 4.

Article > Recent Changes to the AIA Form Contract Documents

The sample provision above is one example. However, this section makes it ai that this indemnification obligation is only triggered if the owner has fulfilled its payment obligations under the contract documents to the contractor. Before simply inserting such sample language into your contracts without further thought, however, it is advisable to consult with a seasoned construction lawyer.

Tom has been assisting and advising clients in the construction industry for 25 years. The A document provides at Section 1. Follow Please login to follow content.

Beginning with the A version, the owner and contractor are free to communicate directly with one another and are no longer required to communicate through the architect. The owner is further obligated to aua notify the architect of the substance of any direct communications between the owner and contractor relating to the project. Construction law – the history is ancient! In the A, the architect is required to make its order for minor changes in writing.