AIA Chicago Members, Board Boost Battle Over Ousted Leader
ENR Construction
SEPTEMBER 20, 2020
25 chapter vote on the issue, but board claims outcome will be advisory only. Petitioners seeking rehire of veteran chief Zurich Esposito set Sept.
AIA Chicago Members, Board Boost Battle Over Ousted Leader
ENR Construction
SEPTEMBER 20, 2020
25 chapter vote on the issue, but board claims outcome will be advisory only. Petitioners seeking rehiring of veteran EVP Zurich Esposito set Sept.
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Louisiana Court Enforces AIA Wavier of Subrogation to Preclude Carrier’s Recovery
Constructlaw
FEBRUARY 7, 2023
The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.
Louisiana 52
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Why are Contractual Claim Procedures so Important?
Construction Dive
APRIL 17, 2013
Few pause to consider the source of these rights or the distinctions among legal claims. Take, for instance, the distinction between negligence-based tort claims and claims under a contract. The negligence claim was dismissed. Most in our society are keenly aware they have rights. It has practical ramifications.
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48 
Is the Withholding of Liquidated Damages a ‘Claim’?
Construction Dive
DECEMBER 12, 2012
The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. The owner was required to give formal written notice of claim within 21 days after the contractual completion deadline passed.
Claims 48
48 
Reliance on Letter Agreement Defeats Architect’s Copyright Claim
Construction Lawyer
SEPTEMBER 3, 2014
The architect prepared a letter agreement that stated: "Any termination of this Agreement shall be per AIA Standard Contract language which is either party may terminate this agreement at any time with 7 day written notice.". Some time later, the architect drafted an AIA contract which the owner marked up with various changes.
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ConsensusDOCS v. AIA – Form Contract Wars
Construction Law Monitor
OCTOBER 26, 2010
AIA (American Institute of Architects ) form documents have dominated the construction industry for many years. Due to the AIA dominance, others in the industry sought out an alternative and the ConsensusDOCS were born in 2007. Many experts believe that the AIA standard form contracts are drafted to protect the Architect.
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Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”
Best Practices Construction Law
JULY 10, 2022
The owner and contractor entered into an AIA Contract for the construction management services. The contractor was supposed to be paid the final retainage upon completion, which it did not receive in accordance with the terms of the AIA Contract. Lessons learned.
Contractors 62
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Illinois Appellate Court holds that Express Indemnity Claim Subject to 10-year Statute of Limitations
Construction Lawyer
FEBRUARY 3, 2014
In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification.
Claims 40
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AIA releases pro bono guidelines for members.huh?
PSMJ Resources
FEBRUARY 20, 2009
We found the AIA's e-mail this week touting its just-released AIA Pro Bono Guidelines for AIA Membes and Firms interesting, to say the least. And the AIA's marketing copy for the Guidelines claim that pro bono work offers public awareness and prestige, as well as marketing that money can't buy.
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#128: Waivers of Subrogation
NH Construction Law
AUGUST 31, 2023
Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. Here’s how it works in the AIA’s popular A201 General Conditions : § 11.3.1 ” Chase v. Hook , 787 A.2d
Insurance 40
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AIA Expands Portfolio with Launch of New Contract Documents
Construction Superintendent Magazine
NOVEMBER 17, 2015
This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation. The C103–2015, Standard Form of Agreement Between Owner and Consultant without a Predefined Scope of Consultant’s Services establishes expectations between an owner and consultant on a project.
Federal Court dismisses sub's claim against GC because of arbitration
Construction Lawyer
APRIL 3, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Claims 40
40 #131: Applying Statutes of Limitations in Arbitration Proceedings
NH Construction Law
NOVEMBER 24, 2023
of the AIA A201 General Conditions (2017), for example, provides that a demand for arbitration shall not be made “after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.” Section 15.4.1.1 ” Similarly, section 12.5.1.1
constructionattorneyblog: New AIA documents and Arbitration
Construction Lawyer
NOVEMBER 8, 2007
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
AIA 40
40 
Economic Loss Doctrine bars Nevada claims against Architect
Construction Lawyer
APRIL 19, 2009
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Nevada 40
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Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause
Best Practices Construction Law
MAY 22, 2018
Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.
Claims 48
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constructionattorneyblog: Limitation of Liability in new AIA Document
Construction Lawyer
NOVEMBER 11, 2007
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Liability 40
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#127: Subcontract "Flow Down" of Prime Contract Terms
NH Construction Law
JULY 22, 2023
Article 2 of the popular AIA A401 (2017) is an example.) ” The State paid the general contractor per square yard of finished concrete surface excluding curbs, but the Supreme Court held that this wasn’t binding with respect to the subcontractor’s claim against the general contractor, id. Case Atlantic Co. ,
constructionattorneyblog: False Claims lands Engineer in jail
Construction Lawyer
AUGUST 30, 2007
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Claims 40
40 #111: The "One Year" Warranty: Myth and Reality
NH Construction Law
MARCH 26, 2022
The AIA’s popular A201 (2017) General Conditions imposes several warranty obligations on the contractor. Under the A201, such failure waives not only the Owner’s call back rights after the one-year period expires, but also the Owner’s right “to make a claim for breach of warranty.” ” Section 3.9.1
Contract 40
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179D Tax Deduction Brought Back to Life thru 2020
Green Building Law Update
DECEMBER 22, 2019
The 179D commercial buildings energy efficiency tax deduction enables building owners to claim a tax deduction for installing qualifying systems and buildings. It is curious that this extender was not supported by USGBC, AIA and others under the misguided belief that 179D was too generous and easy to qualify for? Deductions of $0.60
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#73: Do Contractors Have a Right to Fix Their Own Defective Work?
NH Construction Law
NOVEMBER 7, 2018
It does not address whether, once an owner sues, the contractor’s rejected offer to repair defective work will be a defense to claims for damages measured by the cost of having a third party do the repairs. Most contractors facing a plausible claim for defective work will want to make the offer of repair right away, for two reasons.
Contractors 40
40 Eeeek! What To Do When You Find Bones or Human Remains On the Construction Site?
Best Practices Construction Law
AUGUST 4, 2016
Many contract documents, including the AIA 201 (2007), require the contractor to “immediately suspend” the operations upon the discovery of human remains or other archeological findings. Preserve claims. Even if your contract does not address this situation, you should stop work to properly analyze the situation.
Site 48
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#116: Termination as a Condition of Performance Bond Liability
NH Construction Law
AUGUST 21, 2022
Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.
Liability 40
40 
No Damages for Delay: What It Means and What Can You Do
Best Practices Construction Law
AUGUST 16, 2012
Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. ” Although the contractor in Plato General Construction had contributed to some of the delays, this fact was irrelevant given the waiver of these types of claims in the contract above.
Claims 48
48 Construction Lead Services: Dodge vs. Reed
Construction Marketing
JULY 24, 2014
RCD has a new partnership with American Institute of Architects (AIA) and leverages the work its subsidiary, RSMeans, does in gathering cost information. RCD claims to have a stronger group of reporters on private projects. The basis for the suit is the claim that Dodge used subterfuge and false companies to steal RCD’s trade secrets.
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214 A lesson for Architectural Firms: be careful how you pay employees
Construction Lawyer
MARCH 27, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Architecture 58
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Construction Forms for excel
Construction Cost Estimating
NOVEMBER 25, 2014
The documents and forms resemble the AIA (American Institute of Architects) and AGC (Associated General Contractors) formats, saving valuable time as they can be customized to suit specific needs while maintaining the standard verbage.
Lien 45
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7 Things Contractors Need to Know About Retainage
Fieldwire
AUGUST 14, 2023
For example, in the American Institute of Architects (AIA) A401 — the standard contract between a contractor and subcontractor — the retainage amount is blank. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever. Mechanics lien laws have specific deadlines that contractors must follow.
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98 constructionattorneyblog: Florida court holds that statute of.
Construction Lawyer
MAY 1, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Florida 40
40 Construction Contracts: Mediation Is A Great Alternative To Litigation
Construction Law Monitor
SEPTEMBER 25, 2013
Many American Institute of Architects (AIA) form contracts will allow for an option to include both a mediation and arbitration clause for alternative dispute resolution. Maryland Court Addresses Arbitration or Mediation Clause Impact On Mechanics Lien Claims. Do Construction Contracts Contain Mediation Clauses? Related articles.
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51 Four New LEED Pilot Credits Respond to COVID-19
Green Building Law Update
JUNE 14, 2020
Its stated intent is “to promote best practice requirements in operations and human behavior to take precautions against the spread of COVID 19” and that is accomplished using the AIA Re-occupancy Assessment Tool V1.0
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#117: Building Information Modeling
NH Construction Law
OCTOBER 1, 2022
The AIA’s newly released E201-2022 , for use when at least some BIM version will become a Contract Document, and E202-2022 , for use when that will not be the case, facilitate establishing these protocols.
Modeling 40
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Interesting take on ABI
PSMJ Resources
JUNE 25, 2009
An article posted yesterday to The Architect's Newspaper web site posited the notion that the AIA Architecture Billings Index results that show a recent uptick in inquiries might actually be signaling not renewed interest in work, but more competition for what little is available.
AIA 40
40 
EXTRAS POTENTIALLY RECOVERABLE IN QUANTUM MERUIT
Construction Lawyer
APRIL 14, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Illinois 40
40 
Fraudulent Concealment Subject to Statutory Limitations Period
Construction Lawyer
JANUARY 29, 2014
Because the limitations of section 13-214 do not apply to fraud-based construction claims, the appellate court properly followed Rozny and looked to section 13-205 to determine the applicable statute of limitations. of the standard AIA Owner/Architect agreement applies to fraud-based construction claims. contracts litigation'
Illinois 40
40 
constructionattorneyblog: ILLINOIS APPELLATE COURT DEEMS.
Construction Lawyer
OCTOBER 6, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Illinois 40
40 
constructionattorneyblog: FEDERAL APPEALS COURT HOLDS.
Construction Lawyer
MAY 4, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Illinois 40
40 
constructionattorneyblog: New York court holds that contractor.
Construction Lawyer
APRIL 30, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
New York 40
40 
constructionattorneyblog: Louisiana does not give res judicata effect.
Construction Lawyer
MARCH 28, 2012
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
Louisiana 40
40 
Finality in the Initial Decision under the 2007 A201
Construction Lawyer
NOVEMBER 9, 2007
He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.
AIA 40
40 Construction Lead Services-Comparison of Dodge and ConstructConnect
Construction Marketing
AUGUST 30, 2019
ConstructConnect has a partnership with the American Institute of Architects (AIA). Both companies claim differentiation, but the only way to truly evaluate them would be to sign up for both services and do a side-by-side comparison. Lead Service Differentiation.
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Construction Leads – So Many Leads, So Little Time!
Construction Marketing
DECEMBER 22, 2010
RCD has a new partnership with American Institute of Architects (AIA) and leverages the work it’s subsidiary, RSMeans, does in gathering cost information. RCD claims to have a stronger group of reporters on private projects. The basis for the suit is the claim that Dodge used subterfuge and false companies to steal RCD’s trade secrets.
Construction 230
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