The contract includes the estimate which is now referred to as the budget, describes the scope of work, the schedule and the labor rates. 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. • CMcovides a preconstruction services staffing plan. Documents A133 and A134 each have a new Insurance and Bonds Exhibit. AIA Document A134–2019 revises AIA Document A134–2009 to reflect changes made in the 2017 update of AIA Document A201, as well as other revisions. § 13.2.3 Termination by the Owner for Convenience. § 9.1 This section has been revised to clarify that the Owner is not the party responsible for selecting which Subcontractor bids will be accepted. 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. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. A new provision is included that will allow the parties to describe how notice may be given in electronic format. This release includes updated versions of the AIA’s flagship documents, developed for the design-bid-build delivery model. § 3.1.14 Other Preconstruction Services. violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org. , General Conditions of the Contract for Construction. Details on completing AIA Document Exhibit A are included below. AIA documents can be purchased with an unlimited-use annual license or as a single, customizable document. The organizational revisions include renaming and renumbering several articles and relocating some sections. A fill-point has been added in which the parties may specify a liquidated damages provision or amount. Substantive changes that were made to the CMc documents include greater flexibility to establish the CMc’s preconstruction phase services, and a provision permitting the parties to agree on startup of some of the work before execution of the guaranteed maximum price (GMP) amendment. This document contains provisions for mediation and arbitration of claims and disputes. 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. 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. The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. 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. 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. § 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. § 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. Before entering into a formal building contract a PCSA [Pre-Construction Services Agreement] is formed to appoint a specialist to employ contractors to carry out pre-construction services for the main client who guides them through the process of construction design and structural details. The following supplements shall modify, change, delete from or add to “General Conditions of the Contract for Construction,” AIA Document A201, 7 … 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. One of the updated CMa documents is the Owner/Contractor agreement A132 with the new Insurance and Bonds Exhibit. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. 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. A134–2019 addresses current industry practices relating to sustainable design. Section 1.1.6 requires the Owner to identify any anticipated Sustainable Objective it may have for the Project. Visit aiacontracts.org for more information. A checkbox has been added so that the parties can select when Substantial Completion of the entire Work will be achieved. For use and execution of a document, see its instructions. 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 parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. Section 1.1.6 requires the Owner to identify any anticipated Sustainable Objective it may have for the Project. Fill points are provided for specification of the types and limits of insurance to be provided by the Construction Manager in the Preconstruction Phase. Insurance and Bonds. § 7.2.2.1 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. consultants under contract to the AOC to provide design and construction documentation, and construction administration services for the project. Exhibit C –Scope of Preconstruction Services Page 2of 2 contractors and separate contractors and (ii) site coordination and staging and storage areas for common use of the StreetscapeContractor, Subcontractors and sub-subcontractors. For use and execution of a document, see its instructions  ». Construction Contract Documents. References in A134–2019 to the General Conditions refer specifically to A201–2017. 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. 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. 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. •New fill-point added to describe additional preconstruction services or to … Pre-Construction Services Agreements , sometimes referred to as Pre-Contract Services Agreements, enable clients to employ contractors before the main construction contract commences. 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. Fill points are provided for specification of the types and limits of insurance to be provided by the Construction Manager in the Preconstruction Phase. AIA contract documents are also available as single, non-editable documents and as paper versions through some AIA chapters. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. 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. A fill-point has been added for the parties to identify the termination fee that the Owner will pay to the Construction Manager in the event of a termination for convenience. 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 § 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. This section previously was numbered section 6.10 in A134-2009. For specifics about the use of E234–2019, please see the instructions accompanying the document. Your request has been sent to the appropriate AIA Contract 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. 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. Table of Articles. 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. A134-2019 also includes an Insurance and Bonds Exhibit (Exhibit A), which is a critical part of the agreement, and should be discussed with legal and insurance counsel. AIA Document A133–2009 is coordinated for use with AIA Documents A201™–2007, General Conditions of the Contract for Construction, and There are several types of construction contracts used in the industry, but there are certain types of construction contracts preferred by construction professionals. 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. To make sure that everything goes as smoothly as … 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. Another choice would be to use AIA B102-2007 in combination with AIA B209-2007. Visit aiacontracts.org for more information. § 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. These revisions are consistent with the format of AIA Document A103-2017. In this model, the CMa provides preconstruction phase collaboration but does not provide the construction. A more prescriptive provision on retainage has been included that will allow the parties to clearly delineate the retainage amount, exclusions from retainage, and how retainage may be reduced at Substantial Completion. Arbitration may be mandatory under the terms of this agreement. 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. CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for greater efficiency from project inception. Preconstruction Phase • CMcsists in establishment of BIM and digital data protocols. change the contract sum or time. § 14.3 Insurance and Bonds. 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. Do not use this document if the Construction Manager will be providing a guarantee of cost (use AIA Document A133™–2019 for projects where a guaranteed maximum price will be provided). 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. Unlike the B491 – 1996 document, the A142 – 2004 does not rely on A201 for its general conditions of the contract. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. A representative will respond in a timely manner. 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. pr. The first part of the preconstruction phase involves gathering all involved in the project — including those responsible for their design, the construction, and also its end use. Cover Page. 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. Documents Support group. § 14.3.1 Preconstruction Phase. The organizational revisions include renaming and renumbering several articles and relocating some sections. A construction contract provides a legal binding agreement for both the owner and the builder that says the executed job will receive the specific amount of compensation. These revisions are consistent with the format of AIA Document A103-2017. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. AIA Contract Documents Preconstruction Phase • Construction managers described wide variety of potential services. About AIA Contract Documents. With those individuals gathered, a meeting is conducted with the purpose of streamlining the construction project’s goals and objectives. CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for greater efficiency from project inception. 2.0 Consultation with the City During Preconstruction Services-- The Company 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. D Determine what constitutes additional or supplemental services if basic services agreement is used. The American Institute of Architects is releasing thirteen new and updated Construction Management documents, including the Construction Manager as Constructor and the Construction Manager as Adviser families. General changes have been made throughout Article 7 to clarify the meaning of provisions relating to costs to be reimbursed. They also perform the construction. 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. 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. 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. § 6.1.7 A fill-point has been added in which the parties may specify a liquidated damages provision or amount. D Ascertain method for award of construction contract: l Direct selection l Competitive bidding (open or closed) l … 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. 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. The AIA does not administer dispute resolution processes. § 7.8 Related Party Transactions. 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. Visit aiacontracts.org. 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. References in A134–2019 to the General Conditions refer specifically to A201–2017. Select the appropriate box and insert the date or number of days as appropriate. D Determine designated services based on AIA Document B163, if applicable. The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. 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. In the event the Construction Manager fails to keep in effect at all times all required license(s) and permit(s), the AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. SCOPE OF SERVICES Preconstruction Services The Preconstruction Phase is crucial to the success of the construction project. 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. It incorporates alterations proposed by architects, construction managers, owners, and professional consultants. Where portions of the Work may be occupied and used prior to Substantial Completion of the entire Work, each portion of the Work can be described in this section and the Substantial Completion date for each portion of the Work may be indicated. The provisions for the calculation of progress payments have been clarified and simplified to clearly delineate the basis for each progress payment. 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. Sustainable design and construction continues to rapidly evolve as owners are increasingly interested in incorporating sustainable features into projects. A134–2019 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. 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. 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 phas… 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. Used by all industry professionals, including architects, contractors, owners, consultants, and attorneys, AIA Contract Documents are organized into two categories: by families, based on types of projects or particular project delivery methods, and by series, based on the parties to the agreement or the use of the form. Contact information for each state’s insurance commissioner can be obtained from the National Association of Insurance Commissioners. 3.3.2 Administration. However, in AIA Document A134–2019 the construction manager does not provide a guaranteed maximum price (GMP). § 3.1.8 This section adds recommendations regarding equipment, materials, services, and temporary Project facilities to the Construction Manager’s preconstruction services. 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. 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. Throughout. 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. Where portions of the Work may be occupied and used prior to Substantial Completion of the entire Work, each portion of the Work can be described in this section and the Substantial Completion date for each portion of the Work may be indicated. 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). CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for greater … 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. 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. 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. Arbitration is binding in most states and under the Federal Arbitration Act. § 1.1.6 Sustainable Objective. About AIA Contract Documents. For more information on participating on a project with a Sustainable Objective, please see AIA Document D503™, Guide for Sustainable Projects. Information regarding insurers and sureties admitted to write insurance or issue bonds in your jurisdiction can be found by contacting the insurance commissioner in each state. • Updated to allow parties more flexibility in crafting scope for preconstruction services. B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. 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. 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. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. § 3.1.10 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. 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