2007 AIA 201 - Protocal for Electronic Records

The new AIA 201 contains a provision that requires the parties to agree on a "protocol" for the transmission of information and documents. This requirement is an obvious reaction to the diffuse manner in which information is exchanged with the advent of electronic and wireless technology. While the AIA 201 provides little guidance on the various considerations necessary to establish this protocol, the new ConsensusDocs provide a comprehensive list of factors that the parties must address when arriving at an agreed upon protocol. The ConsensusDocs, which are the contract documents endorsed by the American Subcontractor's Association and the American General Contractor's Association, set forth express factors for consideration of the parties. These considerations include (1) definition of documents and data to be accepted and transmitted electronically; (2) management and coordination responsibilities; necessary computer hardware and software; (3) acceptable formats transmission methods and verification procedures; (4) methods for maintaining version control; (5) security and privacy requirements; and (6) storage and retrieval requirements. Consequently, while the AIA 201 is short on guidance the ConsensusDocs provide express details on setting forth the appropriate protocol for the transmission of documents and is the prudent course to follow in this regard.

For further information, please contact Matt Hjortsberg at 410-583-2400 or Hjortsberg@bowie-jensen.com. Mr. Hjortsberg and Tina Gentle of Bowie & Jensen were recently featured on the cover of the Maryland Lawyer section of The Daily Record with respect to an article on handling electronic information in the context of litigation. View article.