So what can an owner do to ensure that their interests are properly protected? When an AIA form is submitted to an owner and decides to use it, these forms must be amended to create a level playing field. A better solution, however, is for an owner to use his or her own manuscript contract. Manuscript agreements allow owners to avoid rising negotiations and can be tailored to the specific needs and circumstances of the owner. Anderson Kill – Olick has lawyers with extensive experience in AIA construction contracts and manuscripts. G705-2001 (formerly G805-2001), Subcontractor List In both cases, cMc and GC enter into subcontracts directly and mark them with royalties. In exchange for this marking, CMc and GC are potentially liable to the owner for things such as the performance, costs and timing of subcontractors. Often, the owner does not stop the GC until the builder has completed the construction documents. For the updated CMa, the updated C132 offers different opportunities and positions of responsibility than its predecessor, the C132-2009. Changes involve things like coordination, costs and timing, the payment process, document retention and the method of several key contractors for project delivery.

Note that the specific language on CMa rights and obligation documents can be found with the C132-2019, including the specific terms and conditions CMa, A232-2019, and the owner`s agreements with the architect, B132-2019, and contractor, A132-2019. While the CMa approach works, for example, with individual GC projects, the CMa approach is also well suited to projects in which the owner directly engages several major contractors and enters into contracts (the “multiple prime contractor” approach) instead of maintaining a single GC. This is a logical feature of AIA`s CMa contact documents. Many project proponents – particularly those who are only casual or under-mature consumers of design and construction services – do not have the ability to manage several major contractors. However, you can outsource this task to a CMa. Such a service, which incorrectly characterizes document B141 as an additional service, is the analysis of the owner`s planning needs for the project. Such an analysis is essential to ensure that the architect`s design meets the needs of the owner. Many other design tasks, traditionally considered basic services, have been shifted to the detriment of the owner. Everyone must be checked by an owner to ensure that the owner`s expectations are reflected in the final design of the project. When a real estate owner retains an architect or contractor to carry out work on his or her property, the owner is often subject to a “standard” form agreement developed by the American Institute of Architects (AIA). This is usually accompanied by the assurance that the “independently developed” agreement is known, widespread and takes due account of the interests of both parties. It is understandable that this seems attractive to many owners who wish to launch their projects as quickly as possible, and the agreement will finally be signed after a brief review without revision.

However, on closer inspection, homeowners will find that they are at a significant disadvantage under the standard agreement. A421-2018, the standard form of the main agreement between the contractor and the subcontractor, in which the work is provided under several employment contracts, unlike the CMc which holds the subcontracting, the CMa is not the project builder.