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Document A201
TM
– 2007 Instructions
General Conditions of the Contract for Construction
AIA Document A201™ – 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was created under the terms of an AIA Documents-on-Demand™ order number and is not for resale.
AIA Documents-on-Demand are licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to their completion.

GENERAL INFORMATION
Purpose. AIA Document A201–2007, a general conditions form, is considered the keystone document of the
Conventional (A201) Family of Documents because it provides the terms and conditions under which the Owner,
Contractor and Architect will work together during the building construction process. When adopted into an Owner-
Contractor agreement, A201–2007 provides an essential component of the construction contract. In addition,
A201–2007 is incorporated by reference into the Owner-Architect and Contractor-Subcontractor agreements in the
A201 Family, thus establishing a common basis for the primary and secondary relationships on the typical medium to
large size, or complex (involving fast track scheduling or multiple bid packages) construction project.
For smaller or less complex construction projects, document users should consider using A107™–2007, Agreement
Between Owner and Contractor for Projects of a Limited Scope. For single family residential projects, or even smaller
and less complex commercial projects, users may wish to consider A105™–2007, Agreement Between Owner and
Contractor for a Residential or Small Commercial Project.

Related Documents. A201–2007 is incorporated by reference into three AIA Owner-Contractor agreements,
A101™–2007, A102™–2007, and A103™–2007; into A401™–2007, Agreement Between Contractor and
Subcontractor; and into two AIA Owner-Architect agreements, B101™–2007 and B103™–2007. A201–2007 may be
adopted by indirect reference into the Architect-Consultant agreement when the prime Agreement between the Owner
and Architect adopts A201–2007 and it is in turn adopted into the Architect-Consultant agreement, AIA Document
C401™–2007. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are
generally interpreted as part of the respective contract.
The Contract Documents, including A201–2007, record the Contract for Construction between the Owner and the
Contractor. The other Contract Documents are the Owner-Contractor agreement, Supplementary Conditions,
Drawings, Specifications, and Modifications. Although the AIA does not produce standard documents for
Supplementary Conditions, Drawings or Specifications, a variety of model and guide documents are available,
including AIA’s MASTERSPEC and AIA Document A503™–2007, Guide for Supplementary Conditions.
As mentioned above and diagrammed below, A201–2007 is a vital document used to allocate the proper legal
responsibilities of the parties.

On construction projects, contractual relationships are created between owners, architects, architects’ consultants,
contractors, subcontractors, sub-subcontractors, and others down through the multiple tiers of participants. If custom-
crafted agreements were written in isolation for each of those contractual relationships, the problems of overlaps and
gaps in the numerous participants’ responsibilities could lead to mass confusion and chaos. To prevent and solve this
problem, the construction industry commonly uses standardized general conditions, such as AIA Document
A201–2007, for coordinating those many relationships on the project by its adoption into each contract.
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General Conditions
Owner-Contractor Contract
for Construction
Owner-Architect Contract for
Design and Administration
Architect-Consultant Contract
for a Portion of the Services
Contractor-Subcontractor
Contract for a Portion of the
Work
AIA Document A201™ – 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was created under the terms of an AIA Documents-on-Demand™ order number and is not for resale.
AIA Documents-on-Demand are licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to their completion.

The AIA expends significant time and resources in the development of A201 and its related agreements to provide
coordinated linkages in the tiers of legal relationships. AIA documents related to A201 are crafted with common
phrasing, uniform definitions and a consistent, logical allocation of responsibilities down through the tiers of
relationships. Together these documents are known as the Conventional (A201) Family of Documents, and are listed
below:
A101™–2007, Agreement Between Owner and Contractor (Stipulated Sum)
A102™–2007, Agreement Between Owner and Contractor (Cost Plus Fee, with GMP)
A103™–2007, Agreement Between Owner and Contractor (Cost Plus Fee, without GMP)
A401™–2007, Agreement Between Contractor and Subcontractor
A503™–2007, Guide for Supplementary Conditions
A701™–1997, Instructions to Bidders
B101™–2007, Agreement Between Owner and Architect
B103™–2007, Agreement Between Owner and Architect for a Large or Complex Project
B201™–2007, Architect’s Services: Design and Construction Contract Administration
B209™–2007, Architect’s Services: Construction Contract Administration
B503™–2007, Guide for Amendments to AIA Owner-Architect Agreements
C401™–2007, Agreement Between Architect and Consultant

The A201 Family is augmented by a number of standard contract administration documents (G-series) used generally
for processing payments to the Contractor and formalizing changes in the Work.

The AIA publishes two other general conditions documents that parallel A201–2007, one for the Construction
Management-Adviser Family of Documents, AIA Document A201™CMa–1992, and the other for the Interiors
Family of Documents, AIA Document A251™–2007.

Dispute Resolution—Mediation and Arbitration. This document contains provisions for mediation and arbitration
of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this document.
Arbitration is no longer mandatory under the terms of the 2007 Conventional (A201) Family of Documents but may
be selected in the Owner-Contractor agreement. If arbitration is selected as the method of binding dispute resolution,
that selection 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.
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.

The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain
copies of the applicable mediation or arbitration rules, call the American Arbitration Association at (800) 778-7879, or
visit their Web site at www.adr.org.

Why Use AIA Contract Documents. AIA contract documents are the product of a consensus-building process aimed
at balancing the interests of all parties on the construction project. The documents reflect actual industry practices, not
theory. They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry—
yet they are written, as far as possible, in everyday language. Finally, AIA contract documents are flexible: they are
intended to be modified to fit individual projects, but in such a way that modifications are easily distinguished from
the original, printed language.

Use of Non-AIA Forms. If a combination of AIA documents and non-AIA documents is to be used, particular care
must be taken to achieve consistency of language and intent among documents.

Standard Forms. Most AIA documents published since 1906 have contained in their titles the words “Standard
Form.” The term “standard” is not meant to imply that a uniform set of contractual requirements is mandatory for AIA
members or others in the construction industry. Rather, the AIA standard documents are intended to be used as fair
and balanced baselines from which the parties can negotiate their bargains. As such, the documents have won general
acceptance within the construction industry and have been uniformly interpreted by the courts. Within an industry
spanning 50 states—each free to adopt different, and perhaps contradictory, laws affecting that industry—AIA
documents form the basis for a generally consistent body of construction law.

Use of Current Documents. Prior to using any AIA Contract Document, users should consult www.aia.org or a local
AIA component to verify the most recent edition.
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AIA Document A201™ – 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was created under the terms of an AIA Documents-on-Demand™ order number and is not for resale.
AIA Documents-on-Demand are licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to their completion.

Reproductions. 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.
This document is intended for use as a consumable—that is, the original document purchased is to be consumed in the
course of its use. This document may not be reproduced for project manuals. If a user wishes to include a sample or
samples of this document in a project manual, the normal practice is to purchase a quantity of the preprinted forms,
binding one in each of the manuals.

Unlike many other AIA Contract Documents, AIA Document A201–2007 does not include the AIA’s express written
permission to reproduce copies of the document. The AIA will not permit reproduction of this document or its
language, except upon written request and receipt of written permission from the AIA.

Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult
the End User License Agreement (EULA).

To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal
counsel, copyright@aia.org.

CHANGES FROM THE PREVIOUS EDITION
AIA Document A201–2007 revises the 1997 edition of A201 to reflect changes in construction industry practices and
the law. Comments and assistance in this revision were received from numerous individuals and organizations,
including those representing owners, architects, engineers, specifiers, general contractors, subcontractors, independent
insurance agents, sureties, attorneys and arbitrators.

A number of substantial changes have been made to A201–2007. The principal changes are described below:

Article 1. A definition of Instruments of Services is now added and the ownership and use of drawings, specifications
and other instruments of services is further clarified. Additionally, the parties are now required to establish necessary
protocols to govern the electronic transmission of data. This article also adds Initial Decision Maker as a defined term
(refer to Article 15).

Article 2. Following commencement of the Work, the Contractor may only require the Owner to provide reasonable
evidence that adequate financial arrangements have been made if certain enumerated conditions (of a type that would
cause the Contractor to have concerns about the Owner’s ability to meet its financial obligations) exist.

Article 3. Since 1997, many construction projects have suffered delays due the discovery of burial grounds,
archaeological sites, and wetlands. New Section 3.7.5 addresses the Owner’s and Contractor’s responsibilities in the
event these are not noted on the Contract Documents, but discovered during construction. Section 3.3.1 now clarifies
the extent of the Owner’s responsibility for the costs associated with Owner-required means and methods of
construction. Also, new requirements for the Contractor to notify the owner of its proposed superintendent are set out
in Section 3.9.

Article 4. This article is revised to coordinate with changes to the 2007 AIA Owner-Architect agreements that
incorporate A201–2007 and is now re-titled “Architect.” The process for making, deciding and resolving Claims is
substantially revised and is relocated from Article 4 to a new Article 15.

Article 7. Section 7.3.9 is now revised to provide a more efficient process for making payments to the Contractor for
changes to the Work completed under Construction Change Directives.

Article 9. New Section 9.5.3 allows the Owner to issue joint checks, if the Architect withholds certification for
payment as a result of the Contractor’s failure to make payments properly to the Subcontractors or to lower tier
subcontractors and suppliers. Section 9.5.3 now grants the Owner authority to request written evidence from the
Contractor that the Contractor has properly paid the Subcontractors, etc.

Article 10. New Section 10.3.5 now adds a reciprocal indemnity provision whereby the Contractor indemnifies the
Owner for costs and expenses related to hazardous materials the Contractor brings to the site and negligently handles,
except where such costs and expenses are due to the Owner’s fault or negligence.

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AIA Document A201™ – 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was created under the terms of an AIA Documents-on-Demand™ order number and is not for resale.
AIA Documents-on-Demand are licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to their completion.

Article 11. This article deletes the optional Project Management Protective Liability insurance added in 1997 to cover
vicarious liability for construction operations. To diminish the costs to the Project team of third-party claims, a new
Section 11.1.4 requires the Contractor to add the Owner, Architect and Architect’s consultants as additional insureds
on its commercial liability coverage for claims caused by the Contractor’s negligence during the Contractor’s
operations. The Contactor is also required to add the Owner as an additional insured on its commercial liability
coverage for claims caused by the Contractor’s negligence during the Contractor’s completed operations.

Article 13. Section 13.5.1 now makes the Owner responsible for the costs of tests when applicable codes, such as the
International Building Code, prohibit the Owner from delegating the costs. Section 13.7, establishing the time period
in which the Owner and Contractor must bring Claims, is amended to more closely follow state statutes of limitations
and repose and to require compliance with state law.

Article 15. New Article 15 consists of revised Claims and Disputes language from Article 4 of A201™–1997.
Article 5 introduces the concept of an Initial Decision Maker (IDM). Unlike the 1997 edition, A201–2007 allows for
Claims to be decided initially by someone other than the Architect. The Owner and the Contractor have an opportunity
to identify an IDM other than the Architect in the Owner-Contractor agreement. If the Owner and Contractor do not
select a third party IDM, however, the Architect will serve as the IDM, thus maintaining its traditional role as the
initial decider of Claims. For most Claims, a decision by the IDM remains a condition precedent to proceeding to
mediation. As in A201–1997, mediation is a condition precedent to the method of binding dispute resolution selected
in the Owner-Contractor agreement. While arbitration is no longer mandatory in the 2007 Conventional (A201)
Family of Documents, Article 15 sets forth the requirements for arbitration if it is the selected method of binding
dispute resolution. Unlike in the 1997 edition, however, A201–2007 allows for consolidation of arbitrations and
joinder of necessary third parties.

USING A201–2007
Modifications. 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.
In a purchased paper AIA Contract Document, necessary modifications may be accomplished by writing or typing the
appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special
conditions or referenced amendments.
Modifications directly to purchased paper AIA Contract Documents may also be achieved by striking out language.
However, care must be taken in making these kinds of deletions. Under NO circumstances should standard language
be struck out to render it illegible. For example, users should not apply blocking tape, correction fluid or Xs that
would completely obscure text. Such practices may raise suspicion of fraudulent concealment, or suggest that the
completed and signed document has been tampered with. Both parties should initial handwritten changes.
Using AIA software, modifications to insert information and revise the standard AIA text may be made as the
software permits.
By reviewing properly made modifications to a standard AIA Contract Document, parties familiar with that document
can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and
expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny.
AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors
and cloud legal interpretation given to a standard clause. Furthermore, retyping and electronic scanning are not
permitted under the user’s limited license for use of the document, constitute the creation of a derivative work and
violate the AIA’s copyright.

Cover Page
Project. The Project should be identified with the same name, and location or address as set forth in the Owner-
Contractor agreement.

Owner. The Owner should be identified using the same legal name and the address as set forth in the Owner-
Contractor agreement.

Architect. Similarly, the Architect should be identified using the same legal name and the address as set forth in the
Owner-Contractor agreement.
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Assignment 8 – Case Studies – Contract Clauses
Virginia Regorrah9 March 2022
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2
Contract Requirements
For each of the attached case studies, identify 1 or more contract clauses which apply to this situation.Provide the clause number and short explanation.
Also – for each case study, given the applicable clause, what is the Contractor owed?
Your answers don’t need to be long.1 – 3 sentences are probably sufficient.
Worth 10 points; due 30 March
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Case Study:Rain, Rain, Go Away

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4
Case Study:Rain, Rain, Go Away
Situation:A very large summer storm destroyed the Contractor’s work-in-place which had not yet been accepted.
Question – What clause(s) of the General Conditions apply?
Question – To what is the Contractor entitled?
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5
Case Study:It’s Too Wet to Dig
Contractor Email:As noted on the submittal with the heavy clay materials that were in the boring logs, we anticipated little groundwater seepage to the depths of the footings. Please call to discuss as the conditions have changed on site.

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Case Study:It’s Too Wet to Dig

6
7
Case Study:It’s Too Wet to Dig

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8
Case Study:It’s Too Wet to Dig
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Case Study:It’s Too Wet to Dig
Situation:The Contractor states that the construction site soils are unexpectedly wet and this will result in additional costs for excavation.The Contractor is claiming this is a Differing Site Condition.
Question – What clause(s) of the General Conditions apply?
Question – To what is the Contractor entitled?
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Case Study:Substandard Work I

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Case Study:Substandard Work I
Situation:The Owner’s Representative was on site over the last two weeks while the Contractor installed non-load bearing CMU block walls.The work-in-place is substandard, with the blocks misaligned, differing widths of grout and other aesthetic issues.
Question – What clause(s) of the General Conditions apply?
Question – What may the Owner do?
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Case Study:Substandard Work II
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Case Study:Substandard Work II
Situation:The Contractor installed the oblong-shaped CMP pipe, but did not bring the fill up to mid-haunch as indicated in a single detail of the drawings.The Owner’s Representative was not on site during installation.One week after installation, the pipe buckled under a large load.
Question – What clause(s) of the General Conditions apply?
Question – What may the Owner do?
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Case Study:That Dang Tree

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Case Study:That Dang Tree
Situation:The Owner wanted this oak tree protected.Protection included installation of an MSE block wall to protect the roots.While the Owner’s Agent was not on site, the Contractor built a levee across the roots and his equipment damaged the tree.
Question – What part(s) of the General Conditions apply?
Question – What may the Owner do?
15
Questions?

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