A101 2007 Changes

The A101- 2007 provides a few significant changes from its 1997 counterpart. We will outline those that we believe are more than just stylistic.

1. On the cover page, the A101-2007 requires a more detailed description of the project.

2. In Article 3, liquidated damages can be assessed for failing to achieve substantial completion on time. The A101-1997 referred only to completion

3. Article 4 provides for the inclusion of any allowances in the Contract Sum.

4. The dispute resolution provision is markedly different. It creates an Initial Decision Maker, with the Architect holding this designation unless the parties agree and insert information on someone other than the architect to take on this role. Most Claims, must be referred to the Initial Decision Maker for initial decision. The initial decision is a condition precedent to mediation. The A101 2007 requires mediation under most circumstances, but does not require arbitration. Instead, the parties can elect arbitration, litigation or some other dispute resolution process. However, mediation is a condition precedent to binding dispute resolution.

5. Article 9 incorporates a digital protocol exhibit that governs the manner in which the parties will handle the transmission of electronic data.

6. Article 10 contains a provision to set forth the bonding and insurance requirements.

In the next blog entry we will discuss the A401 2007. For questions, contact Matt Hjortsberg at Hjortsberg@bowie-jensen.com or 410-583-2400.