A401 Standard Form of Agreement between Contractor-Subcontractor 2017
As we`ve seen in previous articles in this newsletter and on Bradley`s BuildSmart blog, the American Association of Architects (AIA) has recently revised many of its form agreements, including major contractual agreements, professional services agreements, and the subcontracting agreement. This article highlights some of the important changes to the AEOI A401 model agreement between the standard contractor-subcontractor agreement (“AIA A401” or “standard subcontract”) between the 2007 and 2017 editions. Parties. The parties to this Agreement must be identified by the full legal name under which the Agreement is to be signed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, partnership without legal personality, limited partnership or [general, limited liability, private or professional] company, etc.). Where applicable, a copy of the resolution authorizing the person to act on behalf of the business or business should be attached. More information such as phone numbers and email addresses can be added. § 12.1.1 If the Processor is required to provide payment and performance guarantees, you must indicate the amount of the penalty for each Obligation at the place designated for this purpose. ISO® is a registered trademark and Insurance Services Bureau™ and the titles of the iso-protected insurance forms identified herein are trademarks of Insurance Services Office, Inc. (“ISO”).
Copyrighted information of Insurance Services Office, Inc. or its affiliates (“ISO Materials”) is contained and referenced in this publication. The use of ISO equipment is limited to iso-participating insurers and their authorized agents and other licensees, each of which is authorized by ISO. Use by insurers participating in ISO is limited to use in jurisdictions for which the insurer has an appropriate interest in ISO. The use of ISO equipment by authorized representatives is limited to exclusive use on behalf of one or more ISO-approved iso-participating insurers. § 11.1.3 Insert the schedule for the submission of payment requests. Payment due dates should be acceptable to both the contractor and the subcontractor. You must give the contractor sufficient time to prepare a payment request, certify the payment to the architect, and make the payment to the owner. They must also comply with the deadlines set out in this article and article 9 of A201-2017 (see the “Related Documents” section of the Summary of the document on the use of other documents in the General Conditions) Secondly, in accordance with A201 §2.2.1, the general contractor has the right to obtain information about the owner`s ability to fulfill his financial obligations under the main contract. As this provision expires in favour of the subcontractor (in accordance with Article 2 A401), the subcontractor is entitled to information on the ability of the general contractor to fulfil its obligations under the subcontract. Main contract. The date of the agreement between the owner and the contractor must be indicated.
§ 11.1.8.1 When calculating the amount of each progressive payment, enter the percentage or amount of the withholding. The subcontractor usually receives the majority of the amount earned when payments are due and keeps a percentage to ensure a loyal performance. These percentages may vary depending on the circumstances and locations. § 14.2 Identify the Contractor`s representative and provide their contact details. A105-2017 Owner-contractor contract for a small project A201-2017 General conditions of the construction contract Article 1 of the A401 contains six sections. §1.1 lists the documents that make up the subcontract. § 1.2 specifies the integration/merger clause for subcontracts, provided that the subcontract replaces previous negotiations and agreements. §1.3 generally states that A201-2017 AEOI document (“General Terms and Conditions A201”) constitutes the General Terms and Conditions of Subcontracting.
§1.4 requires that amendments to the subcontract be made in writing. §1.5 excludes any contractual relationship between bodies other than the general contractor and the subcontractor. §1.6 obliges the general contractor to provide the subcontractor with the subcontracting documents before the conclusion of the contract. Changes. In particular, with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, compensation, policy format and size, AEOI contractual documents may need to be amended to comply with national or local laws. Users are advised to consult a lawyer before completing or editing a document. A401- 2017 Standard Form for Agreement between Contractor and Subcontractor The A401™-2017 AAM document defines the contractual relationship between the Contractor and the Subcontractor. It defines the responsibilities of both parties and lists their respective obligations, which are written in AEOI parallel document A201™-2017, General Conditions of the Construction Contract, which contains A401-2017 by reference. The eararit document A401–2017 may be amended to be used as an agreement between the subcontractor and a subcontractor and must be amended if used with the AEOI document A104™–2017 or A105™–2017 as an owner/contractor contract. § 14.4.3 Section 14.4.1 allows the Contractor and the Subcontractor to transmit notifications in electronic form.
It is recommended that parties use AEOI document E203™-2013, Building Information Modeling and Digital Data Exhibit, to establish electronic communications protocols. If the AEOI document E203–2013 is not used, in section 14.4.3, include the requirements for the delivery of the communication in electronic form, the name, title and e-mail address of the addressee by . B and indicate whether the system should generate a read receipt (recommended). While notice may be provided in electronic form as set out in this provision, other protocols for the use or transmission of digital and BIM data are established through the use of E203-2013 in accordance with section 14.7. Reproductions. This document is a copyrighted work and may not be reproduced or cut without the express written permission of the AEOI. There is no implied permission to reproduce this document, and membership in the American Institute of Architects does not confer any other rights to reproduce this document. .
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