The subcontractor must now inform the subcontractor “without delay” of a defect or a lack of work or non-compliance with the subcontracting documents. If the subcontractor does not “immediately notify the subcontractor of a defect, defect or non-compliance,” the subcontractor may have a basis for asserting a right or change order. The American Association of Architects (AIA) recently revised many of its formal agreements, including first-class contractual agreements, professional services agreements and the subcontracting agreement, as in previous articles in this newsletter and on Bradley`s BuildSmart blog. This article highlights some of the key changes to the AIA A401 type agreement between the contractor and the subcontractor (“AIA A401″ or “Standard Form Subcontract”) between 2007 and 2017 expenditures. AIA A-401 Standard Form of Agreement Between Contractor – Subcontractor, 2017 AIA Document A401™-2017 establishes the contractual relationship between the contractor and the subcontractor. It sets out the responsibilities of both parties and lists their respective commitments, written on the parallel document A201™-2017, Terms and Conditions of the Construction Contract, which contains as reference A401-2017. The AIA A401-2017 document may be amended as an agreement between the subcontractor and a subcontractor and must be amended if used with AIA Document A104™-2017 or A105™-2017 as an owner/contract contract contract. A201-2017 Terms and Conditions of the Construction Contract The standard form subcontracting adds a new section on the subcontractor`s professional services. The new section specifies that the subcontractor is not required to perform work or activities that may be considered architectural or engineering practices, unless indicated in the subcontracting documents, unless the subcontractor is authorized to provide such services. Where professional services such as architecture or engineering are required, the contractor must issue all performance or design criteria and the subcontractor is entitled to meet the information or criteria provided by the supplier. However, the contractor has the right to “count” himself on all drawings, calculations, specifications, certificates and other documents drawn up by the subcontractor.

When the subcontractor submits manufacturing drawings, project data and other submissions, the subcontractor declares to the subcontractor that (i) it has verified and approved all of these drawings, product data and other submissions, (ii) the verified field measurements and land construction criteria, and (iii) the information contained in all drawings, product data and other submissions. Because of this new language, the subcontractor is fully responsible or “possesses” errors or inaccuracies in its submissions. Like the AIA A201 and other standard form documents, the AIA has made some changes to the insurance industry. For example, the subcontractor must purchase professional liability insurance when necessary to provide professional services and supplementary insurance coverage must be primarily and non-contributory to the contractor`s insurance. The subcontractor is required to notify the termination or modification of the insurance coverage. The list of revisions above does not contain all the changes made by the AIA to the 2017 version of the standard form sub-command. Instead, this article describes some of the most important changes.