It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. A checkbox has been added so that the parties can select when Substantial Completion of the entire Work will be achieved. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. This provision works in conjunction with the revised notice provisions found in Article 1 of AIA Document A201–2017. AIA updates construction management contract documents By Editor December 10, 2019 December 10, 2019 The American Institute of Architects has announced that it will issue 13 new and updated documents for its Construction Manager as Constructor (CMc) and Construction Manager as Adviser (CMa) series. If the Owner identified a Sustainable Objective in Article 1, this section requires the Owner to fulfill its responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. Exhibit B, Preconstruction Services; Exhibit C, Contractor’s Scope of Work; Exhibit D, Determination of the Cost of the Work; Exhibit E, Insurance and Bonds. Visit aiacontracts.org for more information. It is the phase of developing a solution based on the cost, time and quality goals that were established in the strategic phase of the project. Another choice would be to use AIA B102-2007 in combination with AIA B209-2007. Prepared by the AIA with the consensus of owners, contractors, attorneys, architects, engineers, and others, the documents have been finely tuned during their 131-year history. Revisions to these documents include expansion of the CMa’s scope to include more review and analysis, in addition to coordination and management. 3.3.2 Administration. Visit aiacontracts.org for more information. Failure to use AIA Document A134–2019 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. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. A Sustainable Projects Exhibit, E235-2019, was also developed to incorporate the role of the CMa in both the preconstruction and construction phases of a sustainable project. As a result, these comprehensive contracts and forms are now widely recognized as the industry standard. contract(s) for construction. TO AIA DOCUMENT A201-2007, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION . The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. This new section has been included to allow for the cost of insurance through a captive insurer owned or controlled by the Construction Manager to be included in the Cost of the Work, with the Owner’ prior approval. This is not a change to the operation of the provision; it clarifies that these costs may only be included in the Cost of the Work if approved by the Owner. This new section requires the Construction Manager to provide a staffing plan for Preconstruction Services for the Owner’s review and approval. AIA Document A134™–2019 is a standard form of agreement between Owner and Construction Manager and is intended for use on construction management projects where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price, and the cost is not fully known at the commencement of construction. § 3.1.14 Other Preconstruction Services. • CMcovides a preconstruction services staffing plan. § 6.1.7 A fill-point has been added in which the parties may specify a liquidated damages provision or amount. of AIA Contract Documents, please note that the AIA publishes many other materials that are useful to the small project practitioner regarding other aspects of practice, including, for example, The Architect’s Details on completing AIA Document Exhibit A are included below. They also perform the construction. Note: As stated in Section 2.3 of this document, A201–2017 is adopted only to a limited extent for Preconstruction Phase services, whereas during Construction Phase services, A201–2017 is generally incorporated into this document, unless specific exceptions are made in this document or by amendment to this Agreement. •Contractor(s) and Surety(ies) obligate to Owner for bid, performance and payment bonds. This new provision states that, after the Owner approves the Control Estimate, the parties will provide insurance and bonds as required in the insurance and bonds exhibit, AIA Document A134–2019 Exhibit A. Select the appropriate box and insert the date or number of days as appropriate. For use and execution of a document, see its instructions  ». This section has been revised to clarify that the Owner is not the party responsible for selecting which Subcontractor bids will be accepted. Article 10 was section 6.11 in A134-2009. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. General changes have been made throughout Article 7 to clarify the meaning of provisions relating to costs to be reimbursed. Section 1.1.6 requires the Owner to identify any anticipated Sustainable Objective it may have for the Project. For more information on participating on a project with a Sustainable Objective, please see AIA Document D503™, Guide for Sustainable Projects. § 7.9.1.2 Formerly Section 6.2.5, language allowing the Construction Manager to include bonuses, profit sharing, and other incentive compensation of Construction Manager’s personnel in the Cost of the Work, has been deleted and moved to this section under costs not to be reimbursed. One of the updated CMa documents is the Owner/Contractor agreement A132 with the new Insurance and Bonds Exhibit. This is not a change to the operation of the provision; it clarifies that these costs may only be included in the Cost of the Work if approved by the Owner. This section was moved from its previous location as section 2.1.8. The American Institute of Architects (AIA) is releasing thirteen new and updated Construction Management (CM) documents, including the Construction Manager as Constructor (CMc) and the Construction Manager as Adviser (CMa) families. On Nov. 15, the American Institute of Architects (AIA) plans to release its new and updated Construction Manager as Constructor (CMc) family of contract documents. The AIA Documents Committee received input from representatives of major CMc firms to update the CMc documents. consultants under contract to the AOC to provide design and construction documentation, and construction administration services for the project. The B102 has no pre-defined scope of services and the B209 is the scope for Construction Contract Administration services only. AIA documents can be purchased with an unlimited-use annual license or as a single, customizable document. This new fill point has been added to the document to enable the parties to specify other Preconstruction Services, if applicable, by describing them in the fill point or by referencing an attached exhibit. This release includes updated versions of the AIA’s flagship documents, developed for the design-bid-build delivery model. Rather, the Construction Manager is responsible for determining which Subcontractor bids will be accepted and the Owner, in consultation with the Architect, may choose to reject Subcontractors proposed by the Construction Manager. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. Qualified applicants for the AIA Documents Committee are licensed architects and members of the AIA actively engaged in the design and construction industry through employment in architectural firms or construction companies, or for building owners or developers. This provision works in conjunction with Section 14.4.3 of AIA Document A201–2017. § 3.3.1.2 This section has been revised to provide that the Construction Phase shall commence either upon the Owner’s approval of the Control Estimate, or, in the alternative, by written agreement of the parties prior to acceptance of the Control Estimate. Should a document clarification result in a change in the contract scope or a change in the construction schedule, a change order will be required to make the proper adjustment in the contract. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. It may also say how that compensation will be distributed. Typically they are part of a two-stage tender process, used in the first stage to … § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, this section requires the Owner to fulfill its responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. This replaces Article 8 of A134–2009 with AIA Document A134–2019 Exhibit A. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. This section has been included to allow the parties to incorporate certain optional documents as Contract Documents by checking the appropriate box. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. The organizational revisions include renaming and renumbering several articles and relocating some sections. • Updated to allow parties more flexibility in crafting scope for preconstruction services. To make sure that everything goes as smoothly as … The American Institute of Architects (AIA) is releasing thirteen new and updated Construction Management (CM) documents, including the Construction Manager as Constructor (CMc) and the Construction Manager as Adviser (CMa) families.. CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for greater … For immediate release: Washington, D.C. – April 27, 2017 – The American Institute of Architects (AIA) today announced, at A’17 Conference on Architecture ,the release of the 2017 edition of the A201 family of documents. This provision works in conjunction with the revised notice provisions found in Article 1 of AIA Document A201–2017. This can be used when portions of the Work will be completed and occupied by the Owner prior to Substantial Completion of the entire Work. § 14.3.1 Preconstruction Phase. § 7.1 Costs to be Reimbursed. This insurance and bonds exhibit forms an integral part of AIA Document A134–2019 and allows the parties to establish key insurance terms related to the Project. This section provides the requirements for the Construction Manager to prepare a subcontracting plan to address any specific Owner requirements, such as those that may be related to a funding source or statutory requirements. This is an example of the helpful information you receive when you have a “Practice Coach” – through the AIA Trust LegaLine service. Pre-Construction Services Agreements , sometimes referred to as Pre-Contract Services Agreements, enable clients to employ contractors before the main construction contract commences. These revisions are consistent with the format of AIA Document A103-2017. Prepared by the AIA with the consensus of owners, contractors, attorneys, architects, engineers, and others, the documents have been finely tuned during their 131-year history. The AIA encourages you to discuss AIA Document A134–2019 Exhibit A, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction. If the Owner identifies a Sustainable Objective, the parties will incorporate AIA Document E234–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into the Agreement to establish a process for creating a Sustainability Plan that will clearly define the parties’ responsibilities in terms of pursuing the Sustainable Objective. Next February, the AIA will release its updated Construction Manager as Adviser (CMa) family of documents. Article 1 provides fill points for the parties to provide detailed initial information, much of which is particularly important to identify the scope of the Construction Manager’s preconstruction services. This provision works in conjunction with Section 14.4.3 of AIA Document A201–2017. As stated in Section 2.3 of this document, A201–2017 is adopted only to a limited extent for Preconstruction Phase services, whereas during Construction Phase services, A201–2017 is generally incorporated into this document, unless specific exceptions are made in this document or by amendment to this Agreement. This part of the project can be defined by AIA contract documents are also available as single, non-editable documents and as paper versions through some AIA chapters. A134–2019 has been reorganized to better conform to the structure of similar AIA documents, including A103-2017, Owner/Contractor Agreement for Cost of the Work Plus a Fee without a Guaranteed Maximum Price. •Contractor and Subcontractors build the work. § 3.1.1 Extent of Responsibility. Insert the policy limits for the types of coverages the Construction Manager will be required to maintain for the duration of its Preconstruction Phase Services. Examine how these changes are addressed in the updated documents, including the expanded construction manager’s preconstruction services role and a new Sustainable Projects Exhibit. change the contract sum or time. B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. This section previously was numbered section 6.10 in A134-2009. 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. This can be used when portions of the Work will be completed and occupied by the Owner prior to Substantial Completion of the entire Work. About AIA Contract Documents. § 3.1.11.1 This section provides the requirements for the Construction Manager to prepare a subcontracting plan to address any specific Owner requirements, such as those that may be related to a funding source or statutory requirements. However, if the parties elect not to use AIA Document E203-2013, notice in electronic format may be given as specified by the parties in the fill point. Additionally, a Sustainable Projects Exhibit, E234-2019, has been developed to incorporate the CMc into a sustainable project. Since its inception in 1887, the AIA Documents Committee has been an AIA committee dedicated to creating and revising AIA Contract Documents. These documents get updated on a 10-year revision cycle. Fill points are provided for specification of the types and limits of insurance to be provided by the Construction Manager in the Preconstruction Phase. The AIA does not administer dispute resolution processes. References in A134–2019 to the General Conditions refer specifically to A201–2017. For more information on participating on a project with a Sustainable Objective, please see AIA Document D503™, Guide for Sustainable Projects. Construction Contract Documents. The default for providing notice in electronic format will be through the use of AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit. pr. However, if the parties elect not to use AIA Document E203-2013, notice in electronic format may be given as specified by the parties in the fill point. Documents Support group. § 5.1.2 A table has been added to list the hourly billing rates for the Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors. There are several types of construction contracts used in the industry, but there are certain types of construction contracts preferred by construction professionals. Unlike previous editions of AIA Document A134, which included a fill point to list the types and limits of insurance, and AIA Document A201, which listed general contractual terms regarding insurance, insurance terms relating to the type and amount of coverage have been removed from the document and have been included in the Exhibit A, Insurance and Bonds. A new provision is included that will allow the parties to describe how notice may be given in electronic format. Mediation is a non-binding process but is mandatory under the terms of this agreement. This new provision states that, after the Owner approves the Control Estimate, the parties will provide insurance and bonds as required in the insurance and bonds exhibit, AIA Document A134–2019 Exhibit A. A fill-point has been included in this section to allow the parties to provide for an agreement as to the allowable activities performed and percentage of time spent on activities related to the Work by the Construction Manager’s supervisory and administrative personnel performing Work at sites other than the Project site. For specifics about the use of E234–2019, please see the instructions accompanying the document. This section requires the Construction Manager to assist in the development of protocols for the development, use, transmission, and exchange of digital data through the use of AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit. The AIA encourages you to discuss AIA Document A134–2019 Exhibit A, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction. The CMa documents will be released on Feb. 6, 2020. This section previously was numbered section 6.10 in A134-2009. These documents will be used where the Project is required to achieve a Sustainable Objective, as specified by the Owner, and will include key provisions applicable to the Owner-Construction Manager Agreement. Table of Articles. Rather, the Construction Manager is responsible for determining which Subcontractor bids will be accepted and the Owner, in consultation with the Architect, may choose to reject Subcontractors proposed by the Construction Manager. Your request has been sent to the appropriate AIA Contract A134–2019 addresses current industry practices relating to sustainable design. Preconstruction Services Contract, Construction Manager agrees to provide the Department a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. Documents for this model are intended to be used on projects where more than one contractor is used, but can also be used if there is only one contractor. If the Owner identified a Sustainable Objective in Article 1, this section requires the Construction Manager to fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. For specifics about the use of E234–2019, please see the instructions accompanying the document. Note that AIA Documents E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, and any applicable Sustainability Plan may be incorporated as a Contract Document. These documents will be used where the Project is required to achieve a Sustainable Objective, as specified by the Owner, and will include key provisions applicable to the Owner-Construction Manager Agreement. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at adr.org. This document is intended for use on construction projects where a Construction Manager, in addition to acting as an advisor to the Owner during the preconstruction phase, also provides construction of the project, but does not provide a guarantee of cost. •Versions of AIA Documents A101™, A201™, A401™, B101™ B103™ and C401™. ARCHITECTURE: VU Architect Contract Form – 2019.03.16; VU Architect Terms and Conditions (B101) – 2019.03.16 § 7.2.5 This new section clarifies that if the parties have agreed to a schedule of labor rates, those labor rates will remain unchanged for the duration of the Project unless the parties execute a Modification. § 3.1.9 This new section requires the Construction Manager to provide a staffing plan for Preconstruction Services for the Owner’s review and approval. The Sustainable Objective is the Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. Sign up to receive AIA press announcements, A133–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, A134–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guarantee Maximum Price, B133–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, E234-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, A132–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, B132–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser, E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, G731–2019, Change Order, Construction Manager-Adviser Edition, G733–2019, Construction Change Directive, Construction Manager-Adviser Edition, G734–2019, Certificate of Substantial Completion, Construction Manager-Adviser Edition, AIA 2019 Documents: Construction Manager as Constructor, 3-4 p.m. EST, Tuesday, Nov. 19, 2019 |, Preview AIA 2019 Documents: Construction Manager as Adviser, 3-4 p.m. EST, Tuesday, Dec. 3, 2019 |. § 7.8 Related Party Transactions. developed specifically for use on sustainable projects are also available (e.g., § 7.6.1.2 This new section has been included to allow for the cost of insurance through a captive insurer owned or controlled by the Construction Manager to be included in the Cost of the Work, with the Owner’ prior approval. It is also important to note that additional insurance provisions are included in Article 11 of AIA Document A201–2017, including a requirement that insurance and bonds be issued by companies lawfully licensed to issue insurance and bonds, as the case may be, in the jurisdiction where the Project is located. § 6.1.8 A fill-point titled “other” has been added in which the parties may list a bonus provision or other provision that will allow for adjustment of the Contract Sum. In this model, the CMa provides preconstruction phase collaboration but does not provide the construction. WASHINGTON – Nov. 6, 2019 - The American Institute of Architects (AIA) is releasing thirteen new and updated Construction Management (CM) documents, including the Construction Manager as Constructor (CMc) and the Construction Manager as Adviser (CMa) families. A fill-point has been added in which the parties may specify a liquidated damages provision or amount. Section 7.9.1.2 will allow these costs to be included in the Cost of the Work if approved in advance by the Owner. § 11.1.6 The provisions for the calculation of progress payments have been clarified and simplified to clearly delineate the basis for each progress payment. This section was moved from its previous location as section 2.1.8. The AIA's revisions address the larger industry trend of early collaboration in preconstruction and integrated project delivery methods. AIA will provide two free webinars to learn more about the key changes to each set of CM documents: The revised 2019 CMc documents will be available on the AIA Contract Document’s website on Nov. 15. It is recommended that the parties use AIA Document E203™–2013, Building Information Modeling and Digital Data … § 13.2.3 Termination by the Owner for Convenience. General changes have been made throughout Article 7 to clarify the meaning of provisions relating to costs to be reimbursed. Sustainable design and construction continues to rapidly evolve as owners are increasingly interested in incorporating sustainable features into projects. The document divides the construction manager’s services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. § 3.3.1.3.1 A checkbox has been added so that the parties can select when Substantial Completion of the entire Work will be achieved. § 3.1.7 This new section requires the Construction Manager to revise and update its recommendations regarding constructability and schedules as the Architect progresses with the preparation of the design documents. Documents A133 and A134 each have a new Insurance and Bonds Exhibit. Previous sections 2.3.2.1 and 2.3.2.2 were moved to Article 9 and Section 2.3.2.3 was deleted. § 15.2.5 This section has been included to allow the parties to incorporate certain optional documents as Contract Documents by checking the appropriate box. Similar to AIA Document A133™–2019, AIA Document A134–2019 is intended for use where a construction manager, in addition to serving as adviser to the owner during the preconstruction phase, also provides construction of the project. D Ascertain method for award of construction contract: l Direct selection l Competitive bidding (open or closed) l … This section has been added to allow for Substantial Completion of certain phases of the Project to be completed prior to the Substantial Completion date for the entire Work set forth in Section 3.3.1.3.1 (tiered Substantial Completion dates). Arbitration is binding in most states and under the Federal Arbitration Act. 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