American Institute of Architects (AIA) Releases Updated Bond Forms and Three New Agreements Print
Tuesday, 08 June 2010 09:34

New Documents Include Two Integrated Project Delivery Agreements and Owner-Architect Agreement for Pro Bono Services

On June 10, The American Institute of Architects (AIA) will announce the release of three updated bond forms as well as three new agreements, including an owner-architect agreement for pro bono services and two Integrated Project Delivery (IPD) agreements. Collectively called the “4.3 Release,” these six documents, A312™–2010, Payment Bond; A312™–2010, Performance Bond; A310™–2010, Bid Bond; B106™–2010, Standard Form of Agreement Between Owner and Architect for Pro Bono Services; C198™–2010, Standard Form of Agreement Between Single Purpose Entity and Consultant for Integrated Project Delivery; and C199™–2010, Standard Form of Agreement Between Single Purpose Entity and Contractor for Integrated Project Delivery, build on the AIA Contract Documents program’s 120 years of experience as the industry standard in defining the contractual relationships that govern the design and construction industry. These documents, and the bond forms in particular, highlight the AIA’s efforts to collaborate with industry stakeholders and practitioners in the development process.

“The AIA Contract Documents Committee is comprised of industry professionals representing a cross-section of project stakeholders. Members of the Documents Committee, in conjunction with experienced legal and insurance counsel and numerous industry liaisons, work together on a long-term basis to update existing AIA Contract Documents® as well as to create new documents to meet the ever-evolving needs of the industry,” said Ken Cobleigh, Managing Director and Counsel for the AIA Contract Documents® content team. “In particular, the AIA Contract Documents program continues to lead the industry toward greater collaboration among architects, owners, and contractors.”
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Updated Bond Forms
The AIA, the Surety & Fidelity Association of America (SFAA) and the National Association of Surety Bond Producers (NASBP) joined in the publication of new editions of the AIA’s commonly used A312 Performance Bond and Payment Bond and A310 Bid Bond. The revised bond forms address key issues identified by industry participants. In addition, archaic language was removed and replaced with modern terminology currently used in other AIA Contract Documents.

To update the AIA’s bond forms, which provide the fundamental framework of most bonding agreements within the construction industry, the AIA Documents Committee led an industry-wide collaboration. In addition to SFAA and NASBP, industry organizations participating in this collaborative process included the American Bar Association Forum Committee on the Construction Industry; the Associated Builders & Contractors (ABC); the American Subcontractors Association (ASA); the Associated General Contractors of America (AGC); the Associated Specialty Contractors (ASC); the Construction Owners Association of America (COAA); the National Society of Professional Engineers (NSPE); the American Council of Engineering Companies (ACEC); the American Insurance Association (AIA); the Engineers Joint Contract Documents Committee (EJCDC); and the American College of Construction Lawyers (ACCL). This cross-disciplinary effort will help ensure the long-term viability of project bonding as a way to manage risk and facilitate construction in an ever-changing industry.
To see a comparison of the old and new bond forms, go to www.aia.org/bondcommentary.

Pro Bono Agreement
The AIA recently revised the AIA Code of Ethics to encourage architects to provide pro bono services, and created the Institute Guidelines to Assist AIA Members, Firms and Components in Undertaking Pro Bono Service Activities, a whitepaper providing the profession with guiding principles for pro bono services. With the release of B106™–2010, there is now a standard form contract for use by architects performing pro bono services. This document, which is available for free on AIA Documents-on-Demand™ and is included in AIA Contract Documents software, implicitly recognizes the value of pro bono services. It provides a written agreement the parties can use from the outset of a pro bono project, apportioning mutual rights and responsibilities.

New Single Purpose Entity (SPE)/ Consultant and Contractor IPD Agreements
The two new IPD agreements, the SPE-Consultant agreement and the SPE-Contractor agreement, complete the SPE group of documents. The AIA now offers the design and construction industry three full sets of standard IPD agreements from which the parties can choose, including the Transitional agreements, the SPE agreements and the recently released Multi-Party agreement.

“These documents represent a variety of contractual models to help lead the industry to more fully embrace IPD and its emphasis on collaboration among architects, contractors and owners throughout the project lifecycle,” said Ken Cobleigh.