August 25, 2017

Modifying Form AIA Contracts

Written By

J. Herbert Davis
Member, Stoll Keenon Ogden PLLC

Much of the construction work performed in Indiana uses standard form Construction Agreements from the American Institute of Architects (“AIA”) to govern the rights and responsibilities of the parties involved in the transaction.  While the AIA contract documents are good form agreements for a construction project, these forms are not tailored to address specific issues with your project, and have not been drafted to be more favorable to your company’s interests.

My experience in assisting owners, general contractors, subcontractors, and architects with the negotiation and modification of the standard AIA Contract Documents has shown that particular focus should be placed on modifying the indemnity provisions, the insurance provisions, and the delay provisions (just to name a few) to provide your company significantly better contractual protection.

Although you may spend more money on the front end of your project to have a lawyer review your AIA Contract Documents, I believe that you will end up with a much better allocation of risk and a better contract if you have an experienced construction lawyer review your contract documents.


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