Michael P. Sams, Esq.; Joseph H. Bucci, Esq.; Preston A. Hawkins, Esq.; Michael Catania, Esq.; and J. Wallace Irvin, Esq. through DRI
By: Michael P. Sams, Esq., Joseph H. Bucci, Esq., Preston A. Hawkins, Esq., Michael Catania, Esq., and J. Wallace Irvin, Esq. through DRI
In 2017, ConsensusDocs and the American Institute of Architects (AIA), the two most widely used and recognized contract form creators, updated their documents. As time quickly marches on, we see those documents routinely being used by the construction/development industry.
Because these documents so often are used, Defense Research Institute (DRI) Construction Law Committee thought it important to provide not only a summary of many of the important points in the fixed price general contract documents, but a comparison of the two. Specifically, DRI analyzed and compared the following from the AIA A101 and A201 and ConsensusDocs 200 standard contract document forms for the following issues, and then provided a brief analysis that provides commentary that helps readers determine the advantages and disadvantages in AIA’s and ConsensusDocs differing approaches on important contractual issues as well as similarities.
| Contract Structure | Consequential Damages |
| Construction of Contract Terms | Substantial Completion |
| Document Ownership | Mechanic’s Liens and Waivers of Lien |
| Electronic Document Transmission | Payment/Third Party Claim and Progress Payment |
| Financial Information | Retainage |
| Contractor/Constructor Reporting | Final Payment/Waiver of Claims |
| Owner’s Responsibilities | Hazardous Materials |
| Superintendents/Constructor’s Representative | Termination by The Contractor |
| Schedule | Termination by the Owner for Cause |
| Indemnification | Termination for Convenience |
| Project Administration | Claims Process/Interim Change Directives |
| Liquidated Damages | Arbitration |
| Claims and Disputes |
By filling out the brief form, you will have access to a comprehensive comparison of the two documents in detail. DRI’s Construction Law Committee is comprised of construction lawyers from across the country who represent contractors in the myriad of risk management and construction issues that they face every day. Several of its members authored this reference guide. We hope you find it useful.
Click here to download the full paper.