AIA Contract Documents - American Institute of Architects

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4.3 Release – Talking Points
This document is to assist you in understanding the latest AIA Contract Documents release (4.3)
New Documents:
Updated Bond Forms:
1. A312™-2010, Performance Bond and Payment Bond
2. A310™-2010, Bid Bond
New IPD Agreements:
1. C198™-2010, Standard Form of Agreement Between Single Purpose Entity and Consultant
for Integrated Project Delivery
2. C199™-2010, Standard Form of Agreement Between Single Purpose Entity and Contractor
for Integrated Project Delivery
New Pro Bono Agreement:
1. B106™–2010, Standard Form of Agreement Between Owner and Architect for Pro Bono
Services
New AIA Contract Document Software Capability:
 AIA Contract Document Software is compatible with Windows 7. We can now use the
Windows 7 Compatible logo from Microsoft in our marketing efforts.
Availability of new Documents:
A312™-2010, Performance Bond
and Payment 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
C199™-2010, Standard Form of
Agreement Between Single
Purpose Entity and Contractor for
Integrated Project Delivery
AIA Contract
Document
Software
Yes
AIA
Documentson-Demand™
Yes
Paper
Format
Yes
Yes
Yes
Yes & Free
Yes
No
Yes
No
Yes
Yes
No
Yes
Yes
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Target Audience:
 Prospects – Inform them about the new release
1. Contractors
2. Architects
3. Owners/Developers
 Current AIA Contract Document Customers – Inform them about the new release and
encourage them to download the latest version of the AIA Contract Documents software for
free.
Messaging Goal: Protection and Collaboration
 The AIA Contract Documents Committee lead an industry-wide collaboration among a
broad range of key construction-related organizations such as COAA, AGC, NASBP, SFAA,
EJCDC, ABA Divisions 7 and 12, and ASC to update the three standard AIA bond forms that
provide the fundamental framework of most bonding agreements within the construction
industry. 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.

With the upcoming release of two new Integrated Project Delivery (IPD) agreements, the
SPE-Consultant Agreement and the SPE-Contractor Agreement, the AIA completes the set of
IPD agreements for the SPE family. The AIA now offers the design and construction industry
three full sets of standard IPD agreements from which the parties can chose, including the
Transitional Agreements, the SPE Agreements and the recently released Multi-Party
Agreement. These documents represent the archetypal roadmap to help lead the industry
to more fully embrace IPD and its emphasis on cross-discipline collaboration among
architects, constructors and owners throughout the project lifecycle. This paradigm shifting
approach is seen as a way to reduce inefficiencies and waste as well as effectively facilitate
sustainable development by promoting shared goals and inclusive planning.

With the forthcoming release of the new AIA Owner-Architect Agreement for Pro Bono
Services agreement the AIA seeks to not only promote, but also better enable professionals
to provide, pro bono work for the good of society. This document, which will be available
free of charge from AIA Contract Documents, will facilitate successful collaboration on pro
bono projects, continuing AIA Contract Documents’ leadership as the Industry Standard.
Standard AIA Contract Documents Positioning:
We are the Only Standard Design and Construction Contract Documents in the Industry that give
you a proven standard from which to easily tailor your own contract and minimize legal tie-ups:
Because:
 We are the Industry’s most widely accepted
 We are the most fair and balanced to all parties
 We have the most user-friendly software
 We give you 100+ years of the best innovative thinking from the industry’s sharpest minds
Why does this release reflect our position as The Industry Standard?
 Collaboration as the Future of Building and Design: It shows ACD as leading the industry
toward greater collaboration among architects, owners and constructors to reduce
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inefficiencies and waste by allowing each stakeholder to provide their diverse expertise for
the duration of the project, from beginning to completion. Additionally, the “shared risk
and reward” compensation structure promotes a committed “all-for-one” approach among
the parties. This methodology also facilitates successful sustainable design with it’s sharing
of goals and integrated planning.

Industry Needs Focused: Releasing the new and updated documents shows that AIA
Contract Documents has a pulse on the industry trends. AIA Contract Documents
recognized the need to update a set of decades old bond forms that provide the
fundamental framework of most bonding agreements within the construction industry.
Given the critical importance of these documents to the broader industry, the AIA Contract
Documents Committee reached out to collaborate with the appropriate cross industry
organizations to ensure each party’s needs were met.

Protection for Pro Bono Projects: In 2007 the AIA Code of Ethics was revised to encourage
architects to provide pro bono services. The AIA, then, created the Institute Guidelines to
Assist AIA Members, Firms and Components in Undertaking Pro Bono Service Activities
whitepaper released in February 2009 to provide the profession guiding principles for pro
bono services. With the release of B106™-2010, there is now legal protection for pro bono
work.

Sustainability: AIA Contract Documents understand the importance of sustainable projects.
The IPD approach promotes sustainability in that it drives commitment to mutual shared
goals among all stakeholders as well as continuous engagement of all parties from early
planning through project completion. If an owner has the goal of achieving a sustainable
building, IPD is an excellent approach to ensure that all parties understand, agree to, and
deliver on that goal.

Industry’s Sharpest Minds: AIA Contract Documents has a devoted document development
committee comprised of industry professionals representing multiple project stakeholders.
This highly experienced group of architects, contractors, lawyers, owners and developers
work together on a long-term basis to update documents as well as create new to meet the
ever-evolving needs of the industry.
Description of each document:
A310™–2010, Bid Bond
This simple, one-page form establishes the maximum penal amount that may be due to the
owner if the selected bidder fails to execute the contract or fails to provide any required
performance and payment bonds.
A312™–2010, Performance Bond and Payment Bond
This form incorporates two bonds—one covering the contractor’s performance, and the other
covering the contractor’s obligations to pay subcontractors and others for material and labor. In
addition, AIA Document A312–2010 obligates the surety to act responsively to the owner’s
requests for discussions aimed at anticipating or preventing a contractor’s default.
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B106™–2010, Standard Form of Agreement Between Owner and Architect for Pro Bono
Services
AIA Document B106–2010 is a new standard form of agreement between owner and architect
for building design, construction contract administration, or other professional services provided
on a pro bono basis. The architect’s pro bono services are professional services for which the
architect receives no financial compensation other than compensation for reimbursable
expenses. A table format is provided which the parties use to designate the scope of the
architect’s pro bono services and the maximum number of hours to be provided by the architect
for each designated pro bono service. If the architect is providing construction phase services,
B106–2010 is intended to be used in conjunction with AIA Document A201™–2007, General
Conditions of the Contract for Construction, which it incorporates by reference.
B106-2010 is available in AIA Contract Documents software and is also available free of charge
on the AIA Documents-on-Demand™ Website.
C198–2010, Standard Form of Agreement Between Single Purpose Entity and Consultant for
Integrated Project Delivery
AIA Document C198–2010 is a standard form of agreement between a single purpose entity
(“the SPE”) and a consultant. C198–2010 is intended for use on a project where the parties have
formed the SPE utilizing AIA Document C195–2008, Standard Form Single Purpose Entity
Agreement for Integrated Project Delivery. C198–2010 is coordinated with C195–2008 in order
to implement the principles of integrated project delivery. The specific services the consultant is
required to perform are set forth within the document as well as the Integrated Scope of
Services Matrix, which is part of the C195–2008 Target Cost Amendment. In addition to
traditional compensation for services, C198–2010 allows for the consultant to receive additional
profit through incentive compensation and goal achievement compensation.
C199–2010, Standard Form of Agreement Between Single Purpose Entity and Contractor for
Integrated Project Delivery
AIA Document C199–2010 is a standard form of agreement between a single purpose entity
(“the SPE”) and a contractor. C199–2010 is intended for use on a project where the parties have
formed the SPE utilizing AIA Document C195–2008, Standard Form Single Purpose Entity
Agreement for Integrated Project Delivery. C199–2010 is intended to be a flexible document.
C199–2010 can be used for a contractor that only provides construction services, or it can also
be used for a contractor that will provide both pre-construction and construction services. AIA
Document C199–2010 is not intended for use in competitive bidding and relies upon an agreed
to contract sum, which can be either a stipulated sum (fixed price) or cost of the work plus a fee,
with a guaranteed maximum price. In addition to compensation for the contract sum, C199–
2010 allows for the contractor to receive additional profit through incentive compensation and
goal achievement compensation.
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