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The AIA Modifies Its Standard Form Subcontract
Once each decade, the American Institute of Architects (“AIA”) revises its standard form contract documents. This decade’s revision fell in October 2007 and the revisions included the AIA’s standard form agreement between a contractor and subcontractor. The changes to AIA A401-2007 contain major impacts to general contractors and subcontractors. Some of those changes are summarized in this article.
[Read More] 2007 AIA A201 General Conditions of the Contract for Construction: Proceed with Caution
On November 8, 2007, The American Institute of Architects ("AIA"), released its periodic revisions of the AIA family of documents. For those who may be thinking they will simply insert these revised documents in future contract negotiations, you do so at your peril. While some modifications reflect changes parties have been making for years to the 1997 form A201 general conditions, others raise more questions than they answer.
[Read More] California Subcontractors Cannot be Forced to Litigate, Mediate or Arbitrate Out-Of-State
Since 1991 the California Code of Civil Procedure has provided that contract provisions between a contractor and a subcontractor which require disputes between the parties to be “litigated, arbitrated, or otherwise determined outside this state” where the construction project is located within the state, are void and unenforceable. Now, a California court of appeals has held that this provision of the Code of Civil Procedure voids provisions in subcontracts requiring mediations to be held outside the State.
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