AIA Document A— is a stand-alone agreement with its own internal general conditions and is intended for use on construction projects of limited scope and complexity. It may be used for projects where payment is based on either a stipulated sum or the cost of the work plus a fee, with or without a guaranteed maximum price. AIA Document A— establishes the agreement between an Owner and Contractor for construction projects of limited scope and complexity. A is a stand-alone agreement that does not require the use of a separate general conditions document. A— may be used on projects where the basis of payment is a stipulated sum fixed price or cost of the work plus a fee, with or without a guaranteed maximum price.
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This standard form of agreement between owner and contractor is appropriate for use on large projects requiring a guaranteed maximum price, when the basis of payment to the contractor is the cost of the work plus a fee. Cover Page Date. The date represents the date the Agreement becomes effective.
It may be the date that an original oral agreement was reached, the date the Agreement was originally submitted to the Owner, the date authorizing action was taken or the date of actual execution. It will be the date from which the Contract Time is measured unless a different date is inserted under Section 4.
Parties to this Agreement should be identified using the full address and legal name under which the Agreement is to be executed, including a designation of the legal status of both parties sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, closed or professional], etc.
Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other information may be added, such as telephone numbers and electronic addresses. The proposed Project should be described in sufficient detail to identify: 1 the official name or title of the facility; 2 the location of the site; and 3 a brief description of the Project, including the proposed building usage, size, and capacity or scope of the Project.
Article 2 — The Work of This Contract If portions of the Work are to be performed by persons or entities other than the Contractor, these should be indicated in the Supplementary Conditions. This article addresses those particular interests of the Owner in a cost plus contract, and the corollary obligations of the Contractor. The date of commencement could be the date of this Agreement, a date set forth in a notice to proceed issued by the Owner, or another date using a method established by the parties.
It is important to note that if a selection is not made, the default will be the date of the Agreement. Select the appropriate box and insert the date or number of days as appropriate.
If a specified date is used and the date of commencement is to be given in a notice to proceed, these dates must be carefully coordinated to allow sufficient time for completion of the Work. This space may also be used to insert specific provisions if the Contractor is to participate in any savings when the final Contract Sum is below the Guaranteed Maximum Price. Also identify the type of activity the personnel will perform and what percentage of their time will be required for the Work.
The Contractor may prefer a few additional days to prepare the Application. Due dates for payment should be acceptable to both the Owner and Contractor. They should allow sufficient time for the Contractor to prepare an Application for Payment, for the Architect to certify payment, and for the Owner to make payment. The Owner frequently pays the Contractor the bulk of the earned sum when payments fall due, retaining a percentage to ensure faithful performance.
These percentages may vary with circumstances and localities. Where there are any limitations or exclusions from retainage, list those items. A provision for reducing retainage should provide that the reduction will be made only if the Architect judges that the Work is progressing satisfactorily.
Insert terms for reduction or limitation of retainage. However, the Owner may continue to retain some portion of retainage to cover the remaining Work to be completed. Insert any conditions for release of retainage upon Substantial Completion. Where bonds have been provided by the Contractor, consent of surety should be obtained as outlined in Section When final payment is requested, the Architect should ascertain that all claims have been settled or should define those which remain unsettled.
If a different interest rate is to be paid, insert the amount here. If the parties do not identify an Initial Decision Maker, then the Architect will provide initial decisions.
Other types of dispute resolution include a dispute resolution board or a mini-trial. A Section Insert here, the amount of the termination fee or the method for calculating the termination fee. The parties may also agree to begin with a large termination fee that is progressively reduced as the project progresses. If E— is not used, insert the requirements for delivering notice in electronic form such as the name, title, and email address of the recipient and whether the system will be required to generate a read receipt recommended.
While notice in electronic form may be provided as set forth in this provision, other protocols for the use or transmission of digital data and BIM are established through the use of E, pursuant to A section 1. Article 16 — Enumeration of Contract Documents A detailed enumeration of all Contract Documents must be made in this article. Where optional documents are listed in Section List additional documents in Section AIA Document A— Exhibit A provides the general requirements relating to insurance and bonds as well as the specific policy limits and bond amounts for the Project.
Insurance requirements under the exhibit are separated into those coverages that would typically be provided by the Owner and Contractor on all projects required coverages and other optional coverages that may be selected by the parties based on their specific needs and the needs of the Project.
AIA Document A— Exhibit A, as a stand-alone document, can be readily discussed with your insurance advisors and legal counsel. However, it is important to note that additional terms related to insurance are found in Article 11 of AIA Document A— Users are strongly encouraged to review their insurance needs with legal and insurance counsel to determine the appropriate insurance requirements for their particular project.
Project and Parties Cover Page. Identify the Project and the parties just as they appear on the cover page of the Agreement. Article A. For each of the extended property insurance coverages applicable to the Project, check the appropriate box and indicate any limits of coverage or any other applicable conditions in the space below the selected coverage.
If cybersecurity insurance will be provided, check the box for Section A. Where other insurance coverage will be provided by the Owner, check the box for Section A. Policies that only permit actual exhaustion are counterproductive to settlement whereas policies that permit functional exhaustion encourage settlement.
The intent of this section is to facilitate settlement by requiring that any excess policies allow for functional exhaustion. If other insurance will be provided, check the appropriate box for each selected coverage under Section A. If a party other than the Owner assumes this responsibility, that information should also be provided in the fill point. Executing the agreement. The persons executing AIA Document A— should indicate the capacity in which they are acting i.
Information which is copyrighted by and proprietary to Insurance Services Office, Inc. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws.
Users are encouraged to consult an attorney before completing or modifying a document. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. Was this helpful?
Summary: A104™–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor
Related Documents. The other Contract Documents are: General Conditions i. This insurance and bonds exhibit forms an integral part of AIA Document A— and allows the parties to establish key insurance terms related to the Project. Failure to use AIA Document A— Exhibit A could result in the parties having little or no insurance coverage to respond to a loss or third party claim related to the Project. Dispute Resolution—Mediation and Arbitration. Mediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement.
Through its adoption by reference of AIA Document A—, this document provides for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises.