What are some of the big picture differences between ConsensusDocs 200 and the AIA A201 on key terms and conditions? Below is an at-a-glance comparison of the most used standard construction contract documents.
AIA A201 vs. ConsensusDocs 200 General Terms and Conditions:
Contract Documents at-a-Glance
| American Institute of Architects’s A201 | ConsensusDocs 200 | |
| Drafted By | Architects and staff to the AIA. | Written and endorsed by 40+ leading industry associations. |
| To further the architectural profession. | To identify best practices to advance project results. | |
| Role of the Owner | Passive. Their primary role is to pay. | Active to help ensure the owner’s goals are met. |
| Over a hundred years of court decisions from parties fighting over AIA language in legal disputes. | No reported court decisions after being used on over $60 billion of construction projects. | |
| Communications are funneled through the architect as the “protector” of the owner. “Architect” is mentioned almost 300 times. | Direct Party communications are encouraged and required before proceeding to dispute resolution. | |
| Separated general terms and conditions contract document from the agreement. Two documents to administer | One integrated document that includes general conditions and the agreement. | |
| Dispute Resolution | Creates an Initial Decision Maker (IDM), which is the Architect by default. | Requires a tiered mitigation process with direct communications between the Parties. |
| Indemnification | Comparative negligence but no offsetting of concurrent negligence. Each party pays for its defense costs. | The parties are only responsible for their comparative negligence. Defense costs are commensurate with the percentage of fault. |
| Waiver of Consequential Damages | Complete waiver. | Limited Waiver with blanks for potential items excluded from the waiver. |
| Lien Waivers | Permits an unconditional lien waiver when applying for a progress payment and before final payment. | Prohibits unconditional lien waivers. |
| Order of Precedence | No precedence, so to be interpreted by the A/E. | Established in the contract. Generally, the most recent contract documents are given a higher precedential value. |
If you have any questions on this information, please contact Brian Perlberg at brian.perlberg@agc.org.