MORE THAN MEETS THE AIA: THE A201 GENERAL CONDITIONS’ CONFLICTS WITH TEXAS LAW

Abstract

As we all know, standard form contracts such as the AIA A201-1997 (cited as “A201” throughout this paper) can save a great deal of time and effort in drafting construction contract documents. Just the same, it is essential that practitioners watch for statutory and common law principles that can profoundly affect the enforceability of these standard form agreements.

In addition to other elements of Texas law that have been around for years, recent changes in the construction law arena, including the Texas Residential Construction Commission Act, demand a careful re-examination of how these contracts should be adapted for use in Texas. The discussion in this paper is aimed at helping construction lawyers understand how and why certain parts of the A201 document should be modified to protect and clarify the rights of the parties under current Texas law.

• Owner’s Right to Carry Out the Work
• Warranty
• Indemnity
• Time Limits on Claims
• Waiver of Consequential Damages
• Attorney’s Fees
• Architect’s Withholding of Payment
• Trust Funds
• Usury
• Payment of Retainage
• The Discovery Rule and Accrual of a Cause of Action
• Certificate of Merit
• Conclusion

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