Trick or Treat? Popular AIA 2007 Design and Construction Contracts No Longer Available After October 31, 2018

September 27, 2018 Alerts and Newsletters

Ready or not? The 2007 versions of several popular American Institute of Architect (AIA) contracts will be phased out on Halloween. Owners, contractors and design professionals that have not switched over to AIA's 2017 documents need to make that transition now. The 2007 versions of the following will not be available as of November 1st:

A101 (Owner-Contractor Agreement - Stipulated Sum)

A102 (Owner – Contractor Agreement – Cost Plus Fee with GMP)

A103 (Owner – Contractor Agreement – Cost Plus Fee with no GMP)

A107 (Abbreviated Owner – Contractor Agreement – Limited Scope


A401 (Contractor – Subcontractor Agreement)

B101 (Owner- Architect Agreement)

The updated 2017 documents contain both substantive and format updates, including the addition of a new, separate insurance exhibit for construction. Make sure that you understand how the new AIA contracts could affect your project. Owner, contractors and design professionals that are currently preparing contracts that will not be finalized and signed until November should consider switching to the new contract forms.

In addition to updating these (and other) contract documents, AIA also updated A201 General Conditions of the Construction Contract. A201-2007 will remain available until the end of May 2021. The 2017 version of A201 should be used with 2017 agreement forms. The existing A201-2007 may continue to be used with AIA's A133-2009 (Owner - Construction Manager Agreement with GMP) which will be updated in 2019.

If you have question about which contracts to use or what's different about the new AIA documents, please call or email our construction attorneys:

Rob Ruesch[email protected], 207-253-4619
John Giffune [email protected] 207-253-4646
Brian O'Rourke [email protected] 617-274-2868

This communication is intended for general information purposes and as a service to clients and friends of Verrill Dana, LLP. This publication, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege.

Firm Highlights


Is the Coronavirus Pandemic a Force Majeure?


Nearly 80 Verrill Attorneys Recognized by Best Lawyers® 2021, Including a Dozen Named Lawyers of the Year

(August 24, 2020) – Nearly 80 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2021 , including 12 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer...


Defense of Contractor - Davis-Bacon Prevailing Wage Claims

This case concerned the construction of a marine boat dock on an island in Boston Harbor. The Plaintiff claimed entitlement to unpaid wages and enhanced wages under the federal prevailing wage statute known as...


Breach of AIA Construction Contract and Waiver of Consequential Damages By Owner

Our client, a general contractor, and the project owner signed an American Institute of Architect A101 contract with accompanying A201 general conditions. The project included construction of a new office/retail building, and associated site...


City of Portland Releases Guidelines and Procedures for All Construction Sites and Workers at all Public Works

On Monday, March 30, I participated in a video conference on construction activities and COVID-19 sponsored by the Portland Chamber of Commerce with various City of Portland officials and representatives of the developer/contractor community...


Engineering Malpractice

We asserted claims on behalf of a large private institution related to defective design and installation of a geothermal heating and cooling system in a high profile public building. The matter was settled favorably...


Defense of Breach of Contract, Negligent Construction and Breach of Duty of Workmanship Claims

We successfully defended a large mechanical contractor in connection with lawsuit stemming from the comprehensive failure of the hydronic piping system in a resort hotel's heating and cooling system. Through fact and expert witness...


Massachusetts COVID-19 Essential Services as they Relate to the Construction Industry

On March 23, 2020, Governor Baker issued “an emergency order requiring all businesses and organizations that do not provide ‘COVID-19 Essential Services’ to close their physical workplaces and facilities to workers, customers and the...



We have assisted many owners, and contractors in design and construction contracting including: Massachusetts Institute of Technology Investment Management Company on over a billion dollars in projects in Kendall Square area of Cambridge, Massachusetts...


Client Recovers on Claim On Differing Site Conditions Claim Involving Subsurface Contaminated Soils

We successfully resolved a substantial claim for our client, a large, Maine based site contractor, stemming from differing site conditions encountered on an aviation facility owned by project federal government. The case stemmed from...