At the Civil Seminar we talked about developing a standard agreement so that we could get away from the AIA forms. Is there any interest in this? I would be willing to compile them and submit them to the powers that be for blessing.
David, Why don't those of us who are going to the annual meeting plan on bringing copies of what we currently have in the way of these agreements? Maybe we could arrange to get together and discuss the pros and cons and come up with a format that we could share through TDCAA. Beni
Posts: 5 | Location: Lubbock, Texas USA | Registered: April 23, 2001
I also hear that the contracts presenter will be fabulously entertaining, and will be distributing coveted prizes throughout the presentation. Perhaps those coveted prizes include alternative language to the AIA general conditions.
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
I would share mine, but inspired or despired by the copyright placed on all such contract language by the A I A .....welllllllllll..........I am certain that there will be spies, and whoever this person is from Tarrant County, should beware of the Income and Prosperity Committee of the AIA......... might be looking............and they file those suits in Minnesota or Kentucky or anywhere else but Texas..........
We are trying to build a new jail and the Judge has plopped a contract from the construction manager at risk candidate. It is a 1991 edition AIA document A121/CMc adn AGC Document 565 along with and AIA 201 General Conditions. Any body ever dealt with one of these? What should I be on the lookout for?
John, my advice is run like hell anytime anyone even mentions "AIA" anything. We just went through a total nightmare, because a former County Judge used an AIA set of forms for courthouse renovation. To top that off, they opted for a CMA arrangement nine months before counties were allowed to use that method. If you are strapped with them, eliminate the arbitration clause and insert a mediation paragraph. It's not as crucial now that immunity has been lost for construction contracts, but the arbitration industry is a racket. The procedure costs pretty much the same as litigation and can last just as long, plus you get a jury of 1. Another big problem with the AIA sets is that usually no one takes the trouble to totally vet the set and make sure everything is consistent throughout the myriads of documents. Go with RFP using the competitive proposal procedure. Frame your own basic agreement. You get 1) a turn key price, or as close as you can; 2) a realistic opportunity to review the entire game plan before a contractor is cut loose on the project; 3) you're not limited to the lowest bid, and 4) you will probably not spend endless hours advising your officials on how to get out of the mess they got themselves into.
Posts: 105 | Location: Marshall, Texas, Harrison | Registered: February 28, 2001
We're about to build a new jail and Sheriff's Office, and the architect likes the AIA form. We're also in the process of selecting a Construction Manager at Risk. Does anyone have sample changes to the AIA form or other language they like to use for architects and CMRs? Any additional things to watch out for in these contracts?