document from the AIA A Exhibit A. § Contractor, through its architect, engineers and consultants, is responsible for providing the. AIA Document A – TM Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the. Fill aia a form aia instantly, download blank or editable online. Sign, fax and printable from PC, iPad, tablet or mobile. No software. Try Now!.
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Documents Flashcards Grammar checker. The author of this document iaa added information needed for its completion. The author may also have revised the text of 1a07 original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.
Consultation with an attorney is encouraged with respect to its completion or modification. Copyright Law and International Treaties. This draft was produced by AIA software at Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.
Insert number aiia calendar days. Alternatively, a calendar date may be used when coordinated with the a07 of commencement. If appropriate, insert requirements for w107 Substantial Completion of certain portions of the A1107. Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.
The Contract Sum shall zia one of the following: Check the appropriate box. State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.
Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable. Identify allowance and state exclusions, if any, from the allowance price. Notwithstanding anything to the contrary contained in the Contract Documents, the Owner may withhold any payment to the Contractor hereunder if and for so long as the Contractor fails to perform any of its obligations hereunder or otherwise is in default under any of the Contract Documents; provided, however, that any such aua shall be limited to an amount sufficient in the a1107 opinion of the Owner to cure any such default or failure of performance aa the Contractor.
Federal, state or local laws may require payment within a certain period of time. Insert rate of interest agreed upon, if any. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.
Either list the Specifications here or refer to an exhibit attached to this Agreement. Either list the Drawings here or refer to an exhibit attached to this Agreement. Number Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.
The Contract Documents are aa, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.
The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.
The Contract may be amended or modified only by a Modification.
AIA A107 – 8-27 – Clean (01480188-2)
The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. The Work may constitute the whole or a part of the Project. Analogously, the expression “reasonably inferable” and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project in exercising the care, skill and diligence required of the Contractor herein.
Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.
The Contractor, Subcontractors, Sub-subcontractors, and a017 or equipment suppliers shall not own or claim a copyright in the Instruments of Service. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.
The Contractor hereby specifically acknowledges and declares that the Contract Documents are sufficient to have enabled the Contractor to determine the cost of the Work therein in order to enter into the Contract and that the Drawings, Specifications, and all Addenda, are sufficient to enable it to construct the Work outlined therein. The Contractor shall be solely responsible for and zia control over construction means, methods, techniques, sequences and procedures, and for coordinating all wia of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.
The Contractor shall ensure the Work is performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disruption to any tenants or other occupants or of the site or to any invitees thereon. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to aix. Contractor is retained by Owner only for the purposes and to the extent aiq forth in this Agreement.
Contractor agrees to pay any and all salary or other benefits to its employees and shall make all appropriate tax including aiz taxsocial security, Medicare and other withholding deductions and payments.
The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects.
AIA A – – Clean ()
Contractor hereby assigns to Owner all specific written warranties provided by subcontractors, vendors and manufacturers and all such specific warranties shall continue as noted herein. Delivery of the guarantees and warranties a17 not relieve the Contractor from any obligation assumed under any other provisions of x107 Contract.
The applicable term of each such warranty or guaranty shall commence no later than the date of Substantial Completion. If the Contractor performs Work knowing it to be contrary to applicable Laws, the Contractor shall assume appropriate responsibility for such Work and a17 bear the costs attributable to correction. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade a017.
The schedule shall not exceed time limits ai under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related iaa the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.
The Work shall be in accordance w107 approved submittals. The Contractor shall schedule and use the site in such a manner as to cause or occasion a minimum of inconvenience or disturbance to or interference with normal operations of the site, including, without limitation, taking precautions to minimize noise, dust and construction hazards and the interruptions of existing services and utilities.
The Contractor acknowledges that it is aware of the high standard of care required at the site as necessary to ensure that construction does not unreasonably inconvenience, disturb or interfere with employees, visitors, tenants, occupants and others at and surrounding the site.
The Contractor shall exercise the highest degree of care in the performance of the Work. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.
All personal property belonging to Contractor shall be brought onto the Property at the risk of Contractor, and the Indemnified Parties shall not be liable for damage a17 destruction to or theft of any such personal property, except with respect to the gross negligence or willful misconduct of an Indemnified Party.
Consent shall not be unreasonably withheld. If requested, the Contractor shall provide copies of all bids, bid letters, and executed subcontracts to Owner within ten 10 days after execution thereof. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the W107 shall make such claim as provided in Article The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor.
The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other iaa, with the Contract Sum and Contract Time being adjusted accordingly. Aoa changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written aa107 promptly. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis to any claim for an increase in the Contract Sum or change in the Contract Time.
By executing the Agreement the Contractor aix that the Contract Time is a reasonable period for performing the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected a017 damage, off the site at a location agreed upon in writing.
The issuance of zia Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. The Owner shall not be deemed to be in default by reason of withholding payment while any of the above reasons for withholding certification remain uncured.
In addition to the release of liens above, the Contractor shall provide, prior to final payment: The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner.
ala Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. In addition to the requirements in section The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to.
The Contractor shall comply with and give notices required by applicable Laws bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part aai the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections When the material or substance has been rendered harmless, Work a170 the affected area shall resume upon written agreement of the Owner and Contractor.
Contractor agrees that it shall not cause or permit to occur: Contractor shall not keep any Hazardous Substances at the Project at any time during the time of performing and completion of the Work, except in compliance with environmental regulations and Laws the guidelines prescribed by Owner w107 time to time.
Contractor shall indemnify, hold harmless and, if requested by Owner in its sole and absolute discretion, defend with counsel approved by Owner the Indemnified Parties from and against any and all Losses, including, without limitation, Losses associated with bodily injury, property damage, or the removal of any products and restoration of the site, to the extent arising out of a breach of any covenant, representation and warranty set forth in this Section Without limiting the foregoing, Contractor shall retain full responsibility for, and shall bear all costs associated with, any remediation of the w107 due to the presence of lead-based paint in any products to the extent remediation is requested by any governmental authority or by Owner, in its sole 1a07.
Statutory amount; Coverage B: The policy must be primary and not excess of, or contributing with, any other insurance carried by or for the benefit of the Additional Insureds. Owner shall save Contractor harmless from any liability on account of loss, damage, or injury, to the extent actually insured against by Owner provided: Contractor shall furnish whatever information is requested by Owner for the purpose of establishing the placement of insurance coverages and shall aid and cooperate in every reasonable way with respect to such insurance and any loss thereunder.
Owner shall include in its hazard policy covering the Project, the personal property, fixtures and equipment located thereon owned by Ownerappropriate clauses pursuant to which the insurance carriers shall waive the rights of subrogation with respect to losses payable under such policies.
The Owner shall give such notice promptly after discovery of the condition.
During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
The Contractor shall execute all consents reasonably required to facilitate such assignment. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall, except as otherwise set forth below, bear all related costs of tests, inspections and approvals.
The Owner shall only bear costs of 1 tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and 2 tests, inspections or approvals where building codes or applicable Laws or regulations prohibit the Owner from delegating the costs to the Contractor. Notwithstanding the foregoing, Contractor acknowledges and agrees that this Section Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.
If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work actually executed. Construction – Discover Halstead.
Introduction to Construction Contracts and.