By Bill Blancato, special to North Carolina Construction News. There is an old adage: “Never say never.” This is usually good advice, but when. Although there are several changes to the bond form that can be reviewed on the AIA’s website (Click Here for A Comparison Document), one modification. This document was electronically produced with permission of the AIA and Electronic Format A 1. AIA Document A – Electronic Format.

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The conditions to make a claim under ConsensusDocs require the owner to: A has been used as an industry standard bond form since its release more than 25 years ago, with no changes made until the revised form A was published in June Surety Response Important Provisions to Understand: Subscribe to the A32 Newsletter!

The procedures for an owner a3122 declare default on a performance bond differ across these standard forms.

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Educate owners and design professionals about the implications of specifying an unmodified A payment bond form! For those claimants with privity, the payment bond does not require any notice be aix to the surety or contractor. If using A, the owner need not request a meeting if it provides notice of potential default to the contractor and surety. Web Design by G3 Group.

This time of joyful reflection is even more rewarding when the coming new year will bring with xia some major changes to the standard performance bond form issued by the American Institute of Architects. Registration Forgot your password? Principal must provide the surety with all claim information promptly and expeditiously! Each surety company will make its own decision on whether and how to write the A payment bond form. The owner also must not be in default under the contract.


In addition to the scaled-down conference requirements of Section aa312.

Thoughts on the AIA A312-2010

The payment bond form used most frequently on private projects, as well as on many state and local public works, is AIA A By issuing a performance bond, a surety guarantees that work a contractor has agreed to perform will be delivered to the project owner. Search Common Sense Contract Law.

But it is important to be aware that federal, state, and municipal statutes may modify the procedural requirements for a bond claim. The case Stonington Water Street Assoc.

Understanding Surety Concerns with the AIA A312 Payment Bond Form Presenter: [Insert Name]

First, the owner must notify the contractor and surety that it is considering declaring the contractor in default. Since the payment bond was just recently released, there are no published opinions that interpret the new bond language. The AIA provides two distinct performance bond forms: When it issues a payment bond, a surety agrees to cover the risk that a contractor will fail to pay its subcontractors, laborers, or suppliers with proper claims for unpaid labor and material.

Some sureties seek s312 of alternative payment bond forms such as A The second condition precedent differs between A and its predecessor, A Home Attorneys Adam C. The process for determining the procedural requirements of a specific bond should involve a detailed examination of the bond, with aua on the obligations imposed on the parties, as well as a comparison of the bond language against the minimum requirements in applicable federal, state, or municipal statutes.


XL Specialty Insurance Co. A GIA is a standard, typical document a32 the construction. But A does allow the surety itself to request such a meeting.

The changes to Sections 3. Whether or not a business relies on the AIA bond forms, another vendor, or its own internal forms, it is critical to understand and appreciate the legal force and effect of the forms selected. aiq

Thoughts on the AIA A « Uncategorized « NY Construction Law BlogNY Construction Law Blog

To use this website, you must agree to our Privacy Policyincluding cookie policy. Auth with social network: The owner must then agree to pay the balance of the contract price to the surety, or to another contractor selected by the surety. Under the revised version of A, the s312 by which an Owner or other obligee can declare a non-performing Contractor or other principal in default has been significantly streamlined.

Make sure zia understand that unmodified A payment bond forms will be harder to obtain.