1. Construction Contracts with Private Owners
Common Contract Documents Used
AIA Documents
AGC Documents
EJCDC Documents

2. Standardized Forms
Issued by industry and professional associations and governmental agencies for use in private and public projects.
The most commonly used ones are prepared by:
AGC Associated General Contractors of America
AIA American Institute of Architects
ASCE American Society of Civil Engineers
CEC Consulting Engineers Council
EDA Economical Development Association
EPA Environmental Protection Agency
FHA Farmers Home Administration
HUD Housing and Urban Development

3. Standardized Forms continued
JPL Jet Propulsion Laboratory
NASA National Aeronautics and Space Administration
NAVFAC- Naval Facilities Engineering Command
NSPE National Society of Professional Engineers
SCS Soil Conservation Service
USBR US Bureau of Reclamation
USCE US Army Corps of Engineers
(joint) Contract Documents for Federally-assisted Water and Sewer Projects EDA; EPA; FHA; HUD; ACEC; APWA; ASCE; AGC; NSPE; NUCA

4. AIA Document A201 General Conditions of the Contract for Construction
1999 Edition
This document has been approved and endorsed by the Associated General Contractors of America
Used in private work
Entire document is in text. READ EVERY WORD!

5. AIA A201 Articles, 1999 1. General Provisions 2. Owner 3. Contractor
4. Administration of the Contract
5. Subcontractors
6 Construction by Owner or by Separate Contractors
7. Changes in the Work
8. Time

6. AIA A201 Articles, 1999 9. Payments and Completion
10. Protection of Persons & Property
11. Insurance & Bonds
12. Uncovering & Correction of Work
13. Miscellaneous Provisions
14. Termination or Suspension of the Contract

7. Article 1 General Provisions
CONTRACT DOCUMENTS CONSIST OF:
Agreement between Owner and Contractor
Conditions of the Contract
General, Supplementary & other
Conditions
Drawings
Specifications
Addenda issued prior to execution of the Contract
Other documents listed in the Agreement and Modifications issued after execution of the Contract

8. A Modification is:
A written amendment to the Contract signed by both parties
Change Order
Construction Change Directive or
A minor change in the work issued by the Architect.

9. The Contract Documents
Shall not be construed to create a contractual relationship:
Between the Architect & Contractor
Between the Owner & a Subcontractor or Sub-subcontractor
Between any persons or entities other than the Owner and Contractor

10. Article 2 Owner
The Owner shall furnish the Contractor reasonable evidence that financial arrangements have been made
Surveys’ describing physical characteristics, legal limitations and utility locations
Information or services under the Owner’s control

11. Article 3 Contractor The Contractor shall pay Sales taxes
Consumer use taxes
And similar taxes

12. The Contractor will not perform work to be contrary to:
Laws
Statutes
Ordinances
Building codes, rules, regulations
The Contractor shall employ a competent superintendent

13. The Contractor shall
Review, approve & submit to the architect shop drawings, product data, samples and similar submittals required by the contract
Provide the owner and architect accesses to the work

14. Indemnification
The Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the work

15. Article 4 Administration of The Contract
The architect will provide administration of the contract
During construction until final payment is due
Advise and consult with the owner and visit the site
Make inspections to check quality or quantity of work
Keep the owner informed of progress
Guard against defects and deficiencies
Review and certify the amounts due the contractor
Issue certificates for payment
Have authority to reject work and approve contractor’s submittals
Prepare change orders and directives, and may authorize minor changes

16. Architect Will Review Claims
Take actions within ten days:
Request additional supporting data
Submit schedule
Reject the claim in whole or in part, stating reasons for rejection
Recommend approval of the Claim
Suggest a compromise

17. Arbitration
In accordance with the Rules of American Arbitration Association
The award rendered by the arbitrator shall be final

18. Article 5 Subcontractors
The Contractor shall not
contract with a proposed person whom the owner or Architect has made reasonable and timely objection
be required to contract with anyone whom the Contractor has made reasonable objection

19. Subcontractors
The Contractor shall not contract with a proposed person whom the owner or Architect has made reasonable and timely objection
Be required to contract with anyone whom the Contractor has made reasonable objection

20. Article 6 Construction By Owner Or Separate Contract
Use owner’s workforce
Separate contract new company
Owner provides coordination
Owners right to clean up and to charge the contractors

21. Article 7 Change In Work May be accomplished by: Change order
Change directive
Minor change order

22. Change Orders
A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following:
Change in the Work
Change in the Contract Sum
Change the Contract Time

23. Construction Change Directives
A written order prepared by the Architect and signed by the Owner
Directing a change in the Work
Shall be used in the absence of total agreement on the terms of a Change Order
Change Order is based upon agreement among the Owner, Contractor and Architect

24. Minor Changes In The Work
Architect will have authority to order minor changes in the Work
Not involving adjustment in the Contract Sum or extension of the time
Such changes shall be effected by written order and shall be binding

25. Article 8 Time
Contract Time is the period of time for Substantial Completion
The date of commencement of the work is the date established in the agreement
The term day as used in the Contract documents shall mean calendar day

26. Article 9 Payments & Completion
Schedule of values
Applications for payment
Certificates for payment
Decisions to withhold certification
Progress payments
Failure of payment
Substantial completion
Partial occupancy or use
Final completion and final payment

27. Article 10 Prot of Persons &Property
Safety Programs
Contractor shall take reasonable precautions
Hazardous materials
Emergencies

28. Article 11 Insurance & Bonds
Protects Contractor from claims or damage
Under workmen’s compensation
Because of bodily injury, sickness, or death of the Contractor’s employees
Same for any person other than the Contractor’s employees
Insured by usual personal injury liability coverage
Other than to the Work itself because of injury to or destruction of tangible property
Because of bodily injury death of a person or property damage arising from use of a motor vehicle and
Liability insurance applicable to the Contractor’s obligations under indemnification

29. Certificates Of Insurance
Acceptable to the Owner shall be filed with the Owner prior to commencement of the work
Certificates will not be cancelled until at least 30 days’ prior written notice has been given to the Owner

30. Owner’s Liability Insurance
The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance

31. Property Insurance The Owner shall purchase property insurance
This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors
Property insurance shall be on an all-risk policy form and shall insure against “The perils of fire physical loss or damage including theft, vandalism malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition”

32. Waivers of Subrogation
The Owner and Contractor waive all rights against each other and
Any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and
The Architect, Architect’s consultants, separate contractors
And any of their subcontractors, sub-subcontractors

33. Performance & Payment Bonds
Thc Owner shall have the right to require the Contractor to furnish bonds covering faithful performance

34. Article 12 Uncovering & Correction of Work
Uncovering work for Architect’s examination
Who pays
Conditions
Corrections
Before or after Substantial Completion
Acceptance of nonconforming work

35. Article 13 Miscellaneous Provisions
Governing law
Successors and assigns
Written notice
Rights and remedies
Acceptance of nonconforming work
Tests and inspections
Interest

36. Article 14 Termination Or Suspension of the Contract
Contractor may terminate the Contract if:
A court or other public authority having jurisdiction orders it
An act of government, such as a declaration of national emergency
Architect has not issued a Certificate for Payment
If repeated suspensions, delays or interruptions by the Owner
Owner has failed to furnish to the Contractor promptly reasonable evidence of financing.

37. Termination By The Owner for Cause
The Owner may terminate the Contract if the Contractor: Persistently refuses to supply enough properly skilled workers or proper materials
Fails to make payment to Subcontractors for materials or
Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority
Otherwise is guilty of substantial breach of a provision of the Contract Documents

38. Suspension By The Owner For Convenience
The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work