2017 AIA Construction Documents: New Insurance Requirements

New Insurance and Bond Requirements Exhibit, A-201 Article 11

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


Conducted on Thursday, July 12, 2018

Recorded event now available

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Program Materials

This CLE webinar will guide construction counsel through the new insurance provisions of the 2017 American Institute of Architects (AIA) Form. Our panel will discuss critical updates to the insurance requirements, their interplay with other AIA Form provisions, and practical considerations for parties under various contracting scenarios.

Description

The AIA Form Construction Documents 2017 Update contains significant changes to the handling of insurance. Rather than including the insurance and bond obligations in the body of A-201, the new form creates an entirely separate exhibit which sets out the majority of insurance and bond requirements that must be read in conjunction with the remaining insurance terms in Section 11 of the agreement.

In addition to providing parties and their counsel more direction, the new AIA Insurance Exhibit addresses some of the coverage gaps for project types not contemplated by the old forms. One example is how the Insurance Exhibit distinguishes between required and optional insurance coverage, allowing parties to determine the optimal path for both the type and duration of coverage on a project.

By design, the new Insurance Exhibit comprehensively addresses a broad spectrum of project types. Construction counsel must prepare to incorporate or eliminate provisions to address myriad coverage issues.

Listen as our esteemed panel unpacks some of the nuances of this valuable contracting tool and provides insight into how to maximize the benefit of this important update to the AIA Form Construction Documents.

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Outline

  1. Overview of the Insurance Exhibit
    1. Required property insurance
      1. “All-risks” vs. builders’ risk coverage
      2. Prohibited exclusions
    2. Optional coverage
  2. A-201 General Conditions Insurance Requirements
    1. “Default” rules
    2. Loss of use coverage
    3. Settlement of losses

Benefits

This panel will review these and other critical issues:

  • How can counsel customize the Insurance Exhibit in a manner that does not conflict with the language in Section 11 of the new A-201?
  • What impact will the new Insurance Exhibit have on the handling of additional insureds? Additional named insureds?
  • What types of policy exclusions are expressly prohibited under the new Insurance Exhibit?
  • How can counsel specify policy limits and duration to tailor project-specific coverage?

Faculty

Appelbaum, Jeffrey
Jeffrey R. Appelbaum

Partner
Thompson Hine

For 38 years, Mr. Appelbaum has served the construction industry in the varying roles of trial and transactional...  |  Read More

Kutch, Joshua
Joshua N. Kutch

Atty
Frost Brown Todd

Mr. Kutch concentrates his practice in the area of construction law, including litigation, contract preparation, review...  |  Read More

Weisberg, Justin
Justin L. Weisberg

Partner
Schuyler Roche & Crisham

Mr. Weisberg’s practice is focused on construction law and commercial litigation. He represents private, public,...  |  Read More

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