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Managing Risk Using The AIA Documents
Now Available
In-House

In commercial construction, contracts are most often based on model forms which have been developed by the American Institute of Architects (AIA) and endorsed by the Associated General Contractors of America (AGC).

So, if you’re an owner, an architect or a contractor—or if you represent any one of them (as a lawyer or consultant)—or if you risk your assets with them (as a lender or a surety)—you should "know" the AIA forms. Know what they say . . . what they mean . . . what rights and obligations they establish . . . what opportunities they present . . . what practical effect they have . . . and (of prime importance) how they might be modified to best protect your (or your client’s) interests.

In short, you should know how to work with the old and new AIA forms and how they compare with forms of the EJCDC, FIDIC, AGC, DBIA and CMAA. Which is the reason for, and the title of the special course: Managing Risk Using the AIA Documents.

This seminar, developed by Federal Publications and the law firm of Schiff, Hardin & Waite, is designed to address the key issues, explain the new developments in the context of the old traditions, and provide participants with a working knowledge of the new AIA forms. The faculty is particularly qualified, by virtue of the involvement of one of its members with the AIA Documents Committee, to provide the insights and guidance needed to help construction professionals understand not only the changes—but the practical effects these changes can have once they become part of the everyday world of the construction business.

This course is designed to be participative—to provide for discussion and give-and-take analysis between participants and the faculty. As a construction professional, your experience is important to the learning methodology of this course. We look forward to your participation.

COURSE CURRICULUM

  1. A-201 GENERAL CONDITIONS
    1. History and Philosophy of the AIA Document
      1. The drafting process
      2. Format similar to 1987 facilitating comparison
      3. Importance of AIA copyright of documents.
    2. Relationship among AIA Documents
    3. Design Responsibility
      1. Contractor's design delegation
      2. Shop drawing review/allocation of responsibility
      3. Licensing issues
      4. Engineered systems
    4. Dispute Resolution
      1. Role of the architect
      2. Processing claims
      3. Change orders & construction change directives
      4. Mediation
      5. Arbitration & the new AAA rules
    5. Waiver of Indirect Consequential Damages
      1. Background
      2. Relation to liquidated damages
      3. Impact on owner
      4. Impact on contractor
    6. Warranty, Repair and CallBack
      1. Relation of one year callback to other obligations
      2. Repair obligation before substantial completion
    7. Miscellaneous Changes
      1. Subcontractor trust funds
      2. Builders' risk deductibles
      3. Assignments to lenders
      4. Hazardous materials other than asbestos & PCBs
      5. Architect's role during construction
      6. Notice requirements
      7. Owner furnished information
      8. Contractor's obligation for field conditions
      9. Progress payments and substantial completion
    8. Preparing supplementary general conditions

  2. B-141 OWNER-ARCHITECT AGREEMENT
    1. History and Philosophy
      1. Departure from risk avoidance approach which started in 1966.
      2. Recognition that scope of services may change over the life of the project and the agreement may need modification.
      3. Recognition of client's needs for cost control and management services by architects.
      4. Increasing use of electronic media.
      5. Frequent overlap of services that once were linear and sequential.
      6. Need for a more flexible fee structure.
      7. Inter-relations of all the AIA documents.
      8. Increased diversity in project delivery approaches.
      9. Compare to other specialized AIA forms such as Design/Build.
    2. What Remains From 1987 AIA Document
      1. Architects responsibility during construction
      2. "Approval" of shop drawings
      3. Impact to the AIA B-141(Owner-Architect) document
    3. Architect's Obligations
      1. Description of services
      2. New categories of services: project administration, evaluations and planning & facility operations services
    4. Pricing of Architect' Services
      1. How will these unbundled services be priced?
      2. What will be the impact on consultant's services?
    5. Changes in Concept of Additional Services
    6. Intellectual property of architect: electronic documents and data
    7. Mediation and arbitration
    8. Mutual Waiver of Consequential Damages
    9. Agreed Upon Limits For Certain Services
      1. Site visits
      2. Shop drawing review
      3. Inspections
    10. Miscellaneous
      1. Governing law is the place of the project
      2. New ground rules for requests for information
      3. Owner indemnifies architect for hazardous materials
      4. Revised section on financial & conflicts of interest

  3. COMPARISON OF AIA FORMS WITH EJCDC & FIDIC