Legal Implications of the Latest AIA Contract Revisions

Strategies for Negotiating Terms Using the New American Institute of Architects' Forms

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Tuesday, April 14, 2009
Recorded event now available


This seminar will review the key changes to the newest American Institute of Architects' contract documents, the key issues not addressed in the revisions, and legal strategies for transitioning to the new documents for building owners, contractors and construction attorneys.

Description

The American Institute of Architects (AIA), in collaboration with building owners, contractors and construction attorneys, revised key AIA contract documents in late 2007 to reflect legal changes, industry trends and current practices. The new documents must be implemented by May 31, 2009.

Building owners and contractors express concern that the new AIA documents shift responsibilities and potential liabilities that were previously assigned to the architects to the owners and contractors, placing them at a disadvantage.

Construction and design professionals and their counsel see their own potential pitfalls in issues not addressed in the new AIA forms, including attorneys’ fees, architects' IP ownership, and consequential damages — and how those issues will be resolved.

Listen as our panel of attorneys reviews the key changes to the new AIA contract documents, the issues not addressed in the revisions and strategies for transitioning to the new documents.

Outline

  1. Introduction to AIA contract documents
  2. Key changes to AIA contract documents
    1. Arbitration
    2. Decision maker for dispute resolution
    3. Statute of limitations
    4. Insurance coverage
    5. Access to financial information
    6. Owner-architect agreements
    7. Environmentally-responsible design
  3. Legal concerns raised by new documents
    1. Criteria for design coordination
    2. Assignment of risk to architect, owner and contractor
    3. Attorneys’ fees
    4. Ownership of architects’ IP
    5. Consequential damages

Benefits

The panel will review these and other key questions:

  • What key changes were made in the 2007 revisions to the American Institute of Architects contract documents?
  • What are the legal implications of the latest revisions to the AIA documents?
  • What are the best practices for counsel to building owners, contractors and architects to adapt to the revised forms and minimize liability for their clients?

Faculty

Clark T. Thiel, Partner
Howrey, San Francisco

He concentrates primarily on construction project and contract dispute resolution, including mediation, arbitration, and litigation. He drafts and negotiates design and construction contracts.

Richard M. Shapiro, Partner
Farella Braun & Martel, San Francisco

He represents owners, contractors and design professionals in connection with a wide range of construction types throughout the U.S. and abroad.

Charles M. Sink, Partner
Farella Braun & Martel, San Francisco

He is a member of the firm's Construction Practice Group. He has negotiated and drafted project management contracts, design-build agreements and owner-contractor professional service agreements.

Kevin H. Hudson, Partner
Foltz Martin, Atlanta

He represents owners and general contractors in construction issues ranging from day to day operations to litigation and arbitration. He also drafts AIA construction contracts.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
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Online CLE Audio $149.00
Available 24 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

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CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

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Customer Reviews

Length was ideal and the topic was timely. Excellent!

Jeanette Henderson

University of Washington

Very good current, practical and applicable discussion and information provided.

Matthew Moore

Clawson & Staubes, LLC

I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.

Thomas G. Mancuso

Haskell Slaughter

The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.

Amy E. McShane

Phillips Lytle LLP

The program covered a fair amount of material in a short time period.

Dawn Sharff

Bradley Arant Boult Cummings LLP

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Alston & Bird

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

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