AIA CONTRACTS

[Guest]

I am currently using the AIA A131/CMc Standard Form of Agreement Between Owner and Construction Manager where The Construction Manager is also the Constructor and Where the Basis of Payment is the Cost of the Work Plus a Fee and There is No Guarantee of Cost. This is tied back to the AIA A201 General Conditions. Any thoughts and/or warnings on the AIA Contracts? Is the NARI owner contract better?

Ideally I would like to use my own contract with pared down language. Does anyone have something they use that they could email me? My jobs are $150k to $1 million.

Thanks!

[Guest]

Re: AIA CONTRACTS

If you look (read) closely any AIA standard contract, the language protects the architect first and foremost, the client second and if at all, perhaps the general contractor. Good contract IF you are the architect, not so good if you are the general. Depending upon where you are located, the contract is going to be different from state to state, however - having said all of that, a good reference for contracts is a book called "Contracts - Subcontracts - credit applications by Lawrence Linville, an attorney in Washington State. E-mail me for additional info. Another good starting position is the NAHB book on contracts. It is pretty generic, but a good place to start. Have you talked to a lawyer in your geographical area who is versed in construction contract law? Might be a prudent idea.
Craig

[Guest]

Re: AIA CONTRACTS

Try going to the Design-Build Institute. They have some great contracts available. I've used them instead of AIA contracts. They are easier to read.
www.dbia.org

[Guest]

Re: AIA CONTRACTS

I was once asked to sign an AIA contract, so I took it to my attorney to look over and he said,"These are the most heinous and one-sided contracts (he) has ever had to deal with and they are the last thing (he) would want any contractor to sign". He elaborated further, "They (the contracts) protec ONLY the architects and are otherwise useless to any other party connected"
I trusted him then and I still do today. I used (and continue to use) a contract from "The Contractor's Legal Kit" (JLC Books) with modifications I have added, and had approved by my attorney.
By the way: As much as people complain about attorneys I feel it is only right to say that when you find one that knows their business and you go to them with straightforward questions and get direct, clear and simple answers, it can be the best money you can spend.

[Guest]

Re: AIA CONTRACTS

I fully agree with everything in the previous post and would only add that I learned my lesson the hard way and will never use a AIA contract again, I don't really like Lawyers either but after spending over $80,000 in legal fees and finding out that squeezably soft Charmin would have been better to sign my name on, I can only say beware.....

[Guest]

Re: AIA CONTRACTS

An architect has proposed a contract on AIA Doc B181 - Electronic Format (Standard Form of Agreement Between Owner and Architect for Housing Services). Has anyone ever done a section by section analysis of this form from the owner's standpoint? (Hopefully, something that would be available online.) I understand that the document is considered to be one-sided, but maybe it can be rehabilitated with deletions and riders. Using another form may not be an option here.

[Guest]

Re: AIA CONTRACTS

I will only repeat my warning, AIA contracts are beautifully written but they only idemnify and protect the Architect. You the builder are left baring the brunt of all responsibility. Remember they were designed and written for and by architects not builders. if you want to except responsibility for someone elses designs feel free to use the AIA documents otherwise CAVIET EMPTOR (buyer beware) my spelling may be suspect but you get the drift....

[Guest]

Re: AIA CONTRACTS

I've been bidding on much higher end jobs (custom window replacement) than a few years back and it seems more GC's here (NYC) have started using these contracts(A201, A401). So I ordered 2 books from the ASA, The fundimentals of fair subcontracts, and Protecting your profitability through documentation, and have scheduled an appoinment with a construction attorney for next week. I will not accept their contracts, and will have to create my own. Any pointers for drafting contracts? I also have the "Contractors legal kit" on delivery.

[Guest]

Re: AIA CONTRACTS

If AIA contracts protect the architechs first and the general contractors second.That doesn't sound to good for the sub contractors.

[Guest]

Re: AIA CONTRACTS

I do mostly architect designed jobs and feel obligated to sign the AIA documents since it is presented by the architect in front of the owners. I know it is one sided and always worry but I do my best( and have so far)not to have conflicts that would enforce the documents. I have always been paid. But I don't want to learn the hard way so here is the question: how to get a more balanced contract accepted by owners and architect?