Hi Robert,
In light of your question, we reached out to the AIA Contract Documents team for feedback, and got the following response. This response is posted on behalf of the AIA Contract Documents team:
It is not clear that including that note in the construction documents will achieve the desired results, particularly if the underlying Owner-Contractor agreement does not contain language that could be read to obligate the contractor to be fully bound by everything contained in the construction documents. This might be a question that would be decided on project by project, agreement by agreement basis.
Another approach might be to consider making sure you always start with an AIA Owner-Architect agreement. Most AIA Owner-Architect agreements contain language that ties the Architect's obligations to the A201, or general conditions that are largely derivative of the A201. For example, B101-2017 provides:
- 3.6.1.1The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.
- 10.2Terms in this Agreement shall have the same meaning as those in AIA Document A201–2017, General Conditions of the Contract for Construction.
Similar provisions are found in B103.
In B104, the applicable general conditions are found in the coordinated owner-contractor agreement A105. The general conditions found in A105 are largely derived from A201. The text of B104 reads in part as follows:
- 3.4.1.1The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A104™–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. If the Owner and Contractor modify AIA Document A104–2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.
- 10.2Terms in this Agreement shall have the same meaning as those in AIA Document A104–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor.
Similar text is found in B105, tying contract administration services to terms found in the A105.
In the CM as advisor family of documents, the Owner-Architect agreement, B132, provides:
- 3.6.1.1The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2009, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.
Other Owner-Architect agreements contain similar references.
So, you might consider starting with an AIA Owner-Architect agreement, and convincing the Owner to use an AIA Owner-Contractor agreement because the documents are coordinated to work together and tie to coordinated general conditions.
Of course, you should review each contract carefully, and consult with competent legal counsel to discuss any further question and to confirm that the content of the agreements will achieve what you desire.
The American Institute of Architects has provided the response above for general AIA Contract Document informational purposes only. The information provided is not legal opinion or legal advice. The information provided cannot be used for mediation, arbitration, or litigation purposes. Transmission and/or receipt of this information does not create an attorney-client relationship. No one should act upon this information without seeking appropriate legal counsel on the particular facts and circumstances at issue.
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Melissa Morancy Assoc. AIA
Director, Knowledge Communities
The American Institute of Architects
Washington DC
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Original Message:
Sent: 05-17-2018 11:10
From: Robert Bock
Subject: AIA Document A201™ general conditions
I would like to get some advice. I am thinking about adding this statement to my construction documents general notes: "The AIA Document A201™ general conditions set forth the rights, responsibilities, and relationships of the owner, contractor, and architect. As part of the contractors "Work", the contractor shall review and agree to adopt the latest version of the AIA Document A201™ general conditions based on the date of the original signed and sealed construction documents." My reasoning behind this is that there are occasions where contractor do not use AIA family of documents and therefore the general conditions for construction are not available to reference when a contractor or owner does not follow procedures, understand the construction process or definitions. I believe this would be good to have as part of my construction documents general notes, especially if no specification manual is provided for smaller projects. I addition, should I add that the AIA Document A201™ general conditions shall superceeds all conflicting language herein?