Due to the critical importance of digital technology and data in the modern construction industry, the A201-2017 now explicitly requires, in paragraph 1.7, that parties agree on protocols for the transmission and use of information and documentation in digital form. Section 1.7 also requires the use of the AIA E203-2013, Building Information Modeling and Digital Data Exhibit to define the protocols for the development, use, transmission and exchange of digital data on construction projects, including building information modeling (BIM). Contracts for owners, contractors and owner architects (except A105 and B105, short contracts) require that the E203-2013 be an exhibit that includes part of the agreement.  Given the importance of the terms and conditions of sale, it is essential that owners, contractors, architects and other construction projects understand the substantial changes to the new A201-2017 conditions to understand the impact on their rights and obligations on the project. This blog is intended to provide an overview of some important changes. A number of other changes have been made to the terms and conditions of sale of the AIA A201 2017, which can be discussed in detail in the publicly available comparison documents on the AIA website.  Standard contract documents developed and published by the American Institute of Architects (“AIA”) are a fundamental part of the construction landscape, which has been widespread for more than a century. It is important that the AIA Documents Committee has published updated versions of the A201 family of documents that govern the design and construction model in 2017. This included an updated version of the A201 terms and conditions of the construction contract (“A201-2017”), which is one of the most important documents in the AIA family. as it contains provisions for related contractual documents, including the various forms of ownership and contracting agreements (A101, A102, etc.), owner-architect agreements (B101, B103, etc.) and the subcontracting agreement (A401).
The new section 1.8 of the A201-2017 highlights: it is important that the parties approve BIM protocols in advance, in accordance with Section 1.7, providing that any use or confidence in a BIM, all or part of the BIM, without consent to the minutes and protocols established in the E203-2013 exhibition and the G202-2013, modelling protocol for the project building`s information , is carried out at the exclusive risk of the user party and without liability to the other participants in the project. A421-2018, the standard form of the control agreement between the contractor and the subcontractor, in which work is provided under several employment contracts section 3.7.4 for different location conditions, has not been affected pending an important provision in the A201-2017. The time to inform the contractor, owner and architect of the different location status has been reduced from 21 days to 14 days. The objective of immediate notification of a difference in location conditions is to give the owner and architect sufficient time to assess the situation and make decisions on how to proceed in a timely manner, and that is certainly why the notice period is shortened. However, the contractor`s termination period has been reduced by one-third, so that time overrun issues can hinder or block potentially more legitimate rights due to a shorter time frame.