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HOW OWNERS AND CONTRACTORS DO BATTLE OVER KEY CONTRACT ISSUES:
MAJOR CONCERNS FOR THE OWNER

15th Annual Construction Law Conference

February 14 & 15, 2002

San Antonio, Texas

Robert L. Meyers, III

Jones, Day, Reavis & Pogue
Dallas, Texas




Table of Contents

  1. Acceleration - Add Article 3.10
  2. Schedule - Article 3.10.1
  3. Indemnity - Article 3.18
  4. Consequential Damages - Article 4.3.10
  5. Dispute Resolution - Article 4.6.4
  6. Assignment of Subcontracts - Article 5.4.1.
  7. Changes in the Work - Article 7
  8. No Damage for Delays
  9. Applications for Payment - Article 9.3
  10. Trust Funds - Article 9.6.7
  11. Fix-It Warranty - Article 12.2.2.1
  12. Termination - Article 14
Appendices: EXCERPTS FROM THE GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION AIA DOCUMENT A201-1997

Abstract

Representation of the Owner in the construction process is multi-faceted and never ending. The place to start however is with the private law that Owner's counsel has an opportunity to craft in connection with the development of the construction contract documents. There are a myriad of "standard" forms as well as the forms developed by various institutional constructors such as universities, other state agencies, the federal government, etc. etc. However for purposes of common understanding and simplicity a discussion of contract documents will be undertaken based upon the American Institute of Architects General Conditions of the Contract for Construction.

While the AIA documents form a basis for common ground and a check list for covering most of the bases, they are by no means complete nor do the fit every project or every Owner's needs. The foregoing is just a sampling of some of the key areas for consideration for modification or amplification to protect the Owner's interest.




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Full Text: Appendices: Excerpts from the General Conditions of the Contract for Construction Aia Document A201-1997Adobe PDF Format

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Last updated 13 December 2002