Itsahipo said:
I have been burned by these contracts in the past
How so?
I've read / ratified hundreds of agreements since 1987, most AIA or some form thereof. After seeing some of the most one-sided agreements you can imagine, I've come to appreciate the AIA docs as some of the fairest - overall.
If the architect insists on using an AIA doc then insist that he uses the most appropriate form for your job. You can see a list at
www.AIA.org. Here's some examples of the many:
A101 Agreement Between Owner and Contractor—Stipulated Sum
A101CMa, Agreement Between Owner and Contractor-Stipulated Sum, Construction Manager
A105, Agreement Between Owner and Contractor for a Small Project
A107, Abbreviated Agreement Between Owner and Contractor for Construction Projects of Limited Scope—Stipulated Sum
A111, Agreement Between Owner and Contractor—Cost of the Work Plus a Fee, With a Negotiated Guaranteed Maximum Price (GMP)
etc., etc., etc.
I find that the customers who want to use an AIA doc are also fine with crossing out almost any thing I ask to have crossed out...within reason.
Depending on wether you're a contractor or subcontractor the AIA terms can impact you differently. As a subcontractor the thing I don't like about most AIA type contracts is the payment terms. Typically you get paid when the money is "due" to you provided you've submitted a proper application for payment. The trick is that the money is not "due" until the contractor gets his money. That opens the door for "issues" shall we say. I always try to get around that by addendum - making payment due by some date or milestone that's not tied to the contractor's payment.
Another thing that's important is to include, by addendum, a detailed list of what's NOT included so that the broad, all inclusive, aspects of the agreement don't bite you.