《aia document a101／cma（1992）standard form of agreem》由会员分享，可在线阅读，更多相关《aia document a101／cma（1992）standard form of agreem（17页珍藏版）》请在金锄头文库上搜索。
1、AIA Document A101/CMa（1992）Standard Form of AgreementINSTRUCTION SHEETFOR AIA DOCUMENT A101/CMa, STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Where the Basis of Payment is a STIPULATED SUM-1992 CONSTRUCTION MANAGER-ADVISER EDITIONA. GENERAL INFORMATION1. PurposeAIA Document A101/CMa is a
2、standard form of agreement between Owner and Contractor and is intended for use on construction management projects where the basis of payment is a stipulated sum (fixed price). It is suitable for situations where, in addition to the Contractor and Architect, a separate Construction Manager assists
3、the Owner in an advisory capacity during design and construction.2. Related DocumentsThis document has been prepared for use in conjunction with the l992 edition of AIA Document A20l/CMa, General Conditions of the Contract for Construction-Construction Manager-Adviser Edition, which is adopted into
4、A101/CMa by specific reference. This integrated set of documents is suitable for projects Where the Construction Manager serves in the capacity of adviser and not in the capacity of Contractor.The A101/CMa document may be used as one part of the Contract Documents which memorialize the Contract for
5、Construction between the Owner and the Contractor. The other Contract Documents are:General Conditions (i.e., A201/CMa)Supplementary ConditionsDrawingsSpecificationsModificationsA101/CMa should NOT be used in combination with documents where it is assumed that the Construction Manager takes on the r
6、ole of constructor, gives the Owner a Guaranteed Maximum Price (GMP) or contracts directly with those who supply labor and materials to construct the project.AIA documents containing the designation CMc (Construction Manager-Constructor) are inappropriate for use with CMa (Construction ManagerAdvise
7、r) documents, as the Construction Manager-Adviser and Construction Manager-Constructor differ in their respective roles and responsibilities. An example of such an inappropriate pairing of construction documents would be A20l/CMa and A121/CMc.In addition, if the Architect wishes to Perform construct
8、ion management services in combination with design and administrative services (such as is provided for in AIA Document B141), incorporation of a special amendment to or modification of AIA Document B141 is more appropriate than utilization of B141/CMa. Although the AIA does not produce standard doc
9、uments for Supplementary Conditions, Drawings or Specifications. avariety of model and guide documents is available, including AIAs MASTERSPEC.3. Arbitration This document incorporates ARBITRATION by adoption of AIA Document A201/CMa, which provides for dispute resolution to be conducted according t
10、o the Construction Industry Arbitration Rules of the American Arbitration Association. Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable, but arbitration is enforc
11、eable if agreed to after the dispute arises. A few states require that the contracting parties be especially notified when the written contract contains an arbitration provision by: a warning on the face of the document, specific placement of the arbitration provision within the document or specific
12、 discussions among the parties prior to signing the document.Arbitration provisions have been included in most AIA contract forms since 1888 in order to encourage alternative dispute resolution procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the
13、parties choose to adopt arbitration into their contract. Individuals may, however, choose to delete the arbitration provisions based upon their business decisions with the advice of counsel. TO obtain a copy of the Construction Industry Arbitration Rules, write to the American Arbitration Associatio
14、n, 140 West 51st St.,New York, NY 10020-l203.4. Use of Non-AIA FormsIf a combination of AIA documents and non-AIA documents is to be used, particular care must be taken to achieve consistency of language and intent. Certain owners require the use of owner-contractor agreements and other contract for
15、ms that they prepare. Such forms should be carefully compared with the standard AIA forms for which they are being substituted before execution of an agreement. If there are any significant omissions, additions or variances from the terms of the related standard AIA forms, both legal and insurance c
16、ounsel should be consulted.5. Letter Forms of AgreementLetter forms of agreement are generally discouraged by the AIA, as is the performance of a part or the whole of the Work on the basis of oral agreements or understandings. The standard AIA agreement forms have been developed through more than seventy-five years of experience and have been tested repeatedly in the courts. In addition, the standard forms have been carefully coordinated with
