Timely notification and good documentation are essential. Regardless of the contractual provisions, however, it is advisable to contact the owners and architects as soon as problems arise. G705-2001 (formerly G805-2001), list of subcontracted AIA form agreements are not as impartial and balanced as they may seem. First, the AIA is an organization that, according to its website, represents “the professional interests of American architects” and the form agreements reflect such interests. In addition, since the introduction of the first forms, AIA form agreements have been subject to numerous revisions and any revisions have shifted the balance from owners to architects and contractors. This continued postponement is partly explained by the fact that the Association of General Contractors cooperates with the AIA in the preparation of several form agreements. As expected, this has resulted in formal agreements that tend to favour the architect and the contractor over the owner, as shown in the following two examples. Section 8.3.1 of the A201 provides that a contractor is entitled to an appropriate extension of time if the work is delayed by “unusual delays in delivery”, “unavoidable losses”, “other causes that are not controlled by the contractor” or “other causes invoked by the contractor and determined by the architect that justify the delay”. The extension of the deadline must be appropriate “as the architect can decide”. Section 8.3.1 does not provide for an adjustment of the contract price.
However, paragraph 8.3.3 states that paragraph 8.3 does not preclude damage suffered by the contractor under another provision of the contract. A421-2018, standard form of the framework contract between the contractor and the subcontractor in which the work is performed under several employment contracts When a real estate owner entrusts an architect or contractor with the execution of work related to his property, the owner is often subject to a “Standard” form agreement designed by the American Institute of Architects (AIA). This is usually accompanied by the assurance that the “independently developed” agreement will be known, widely disseminated and fairly relevant to the interests of both parties. It is understandable that this sounds attractive to many owners who want to launch their projects as quickly as possible and that the agreement will eventually be signed after a brief review without revision. However, on closer inspection, owners will find that they are at a significant disadvantage under the standard contract. In these uncertain times, unforeseen delays caused by events or actions that are not under the control of the contractor are likely, if not safe. The right to extend the duration of the contract and, where applicable, the price of the contract depends on the terms of the agreement concluded between the owner and the contractor and, in turn, between the contractor and its subcontractors. . .