Legal Implications of the Latest AIA Contract Revisions

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

Revisions must be implemented by May 31, 2009

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

Conducted on Tuesday, April 14, 2009

Program Materials

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.

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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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Clark T. Thiel
Clark T. Thiel
Partner
Howrey

He concentrates primarily on construction project and contract dispute resolution, including mediation, arbitration,...  |  Read More

Richard M. Shapiro
Richard M. Shapiro
Partner
Farella Braun & Martel

He represents owners, contractors and design professionals in connection with a wide range of construction types...  |  Read More

Charles M. Sink
Charles M. Sink
Partner
Farella Braun & Martel

He is a member of the firm's Construction Practice Group. He has negotiated and drafted project management contracts,...  |  Read More

Kevin H. Hudson
Kevin H. Hudson
Partner
Foltz Martin

He represents owners and general contractors in construction issues ranging from day to day operations to litigation...  |  Read More

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