What are some of the big picture differences between ConsensusDocs 200 and the AIA A201 on key terms and conditions? Below is an at-a-glance comparison of the most used standard construction contract documents.
AIA A201 vs. ConsensusDocs 200 General Terms and Conditions:
Contract Documents at-a-Glance
American Institute of Architects’s A201 |
ConsensusDocs 200 |
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Drafted By |
Architects and staff to the AIA. |
Written and endorsed by 40+ leading industry associations. |
To further the architectural profession. |
To identify best practices to advance project results. |
|
Role of the Owner |
Passive. Their primary role is to pay. |
Active to help ensure the owner’s goals are met. |
Over a hundred years of court decisions from parties fighting over AIA language in legal disputes. |
No reported court decisions after being used on over $60 billion of construction projects. |
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Communications are funneled through the architect as the “protector” of the owner. “Architect” is mentioned almost 300 times. |
Direct Party communications are encouraged and required before proceeding to dispute resolution. |
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Separated general terms and conditions contract document from the agreement. Two documents to administer |
One integrated document that includes general conditions and the agreement. |
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Dispute Resolution |
Creates an Initial Decision Maker (IDM), which is the Architect by default.
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Requires a tiered mitigation process with direct communications between the Parties. |
Indemnification |
Comparative negligence but no offsetting of concurrent negligence. Each party pays for its defense costs. |
The parties are only responsible for their comparative negligence. Defense costs are commensurate with the percentage of fault. |
Waiver of Consequential Damages |
Complete waiver. |
Limited Waiver with blanks for potential items excluded from the waiver. |
Lien Waivers |
Permits an unconditional lien waiver when applying for a progress payment and before final payment. |
Prohibits unconditional lien waivers. |
Order of Precedence |
No precedence, so to be interpreted by the A/E. |
Established in the contract. Generally, the most recent contract documents are given a higher precedential value. |
If you have any questions on this information, please contact Brian Perlberg at brian.perlberg@agc.org.