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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, December 6, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will address the 2017 modifications to creating the Insurance and Bonds Exhibit of the standard AIA Construction Contract. The panel will discuss how most insurance and bond terms under the 2017 update have been relocated to a new Insurance and Bond Exhibit, which must be read in conjunction with the remaining terms of Section 11 of the agreement and how to negotiate insurance minimums and limits.

Faculty

David M. Adelstein
Partner
Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.

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Adam E. Richards
Miscellaneous

Mr. Richards is a Board Certified Specialist in Construction Law by The Florida Bar and focuses his practice on construction, providing transactional, project consultation, and dispute resolution/litigation services to Florida’s construction industry, including national and international general contractors, owners/developers, associations, local builders/trades, and design professionals in the public and private sectors. Mr. Richards has dealt with a wide range of construction projects throughout the state, including hotels, courthouses, treatment plants, residential/commercial buildings including one of the tallest in the country, restaurants, a major expressway in Miami as well as other road improvements, and luxury homes. 

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Description

The most notable change in the 2017 AIA documents was the release of a new Insurance and Bonds Exhibit, used in conjunction with multiple Owner-Architect agreements, including the AIA A101-2017 Standard Form of Agreement Between Owner and Architect.

The exhibit places two new obligations on the owner. First, unless the parties agree otherwise, the owner must maintain the builder's risk insurance until the completion and warranty period of the work. The prior terms only required the owner to maintain the insurance until final payment is made. If the work involves remodeling an existing structure, the owner must purchase and maintain "all-risk" property insurance on a replacement cost basis, protecting the existing structure.

A significant feature of the new exhibit is the inclusion of a la carte optional insurance coverages. Parties may require the owner or contractor to purchase specific insurance simply by placing an "x" next to the desired coverage and, where applicable, specifying the coverage limits. Although loss of use, business interruption, and delay in completion insurance are optional, owners should strongly consider purchasing such insurance.

The exhibit expands certain contractor obligations related to purchasing commercial general liability insurance. These expanded obligations increase the burdens on the contractor in maintaining a CGL policy. However, a prudent contractor should take measures to lessen those burdens during negotiations with the owner.

The contractor may assume the obligation of purchasing builder's risk insurance that would otherwise be required of the owner. By including this option, the AIA recognizes that while their prior contract documents obligated the owner to purchase builder's risk, in practice, owners often shifted that obligation to the contractor. As should be expected, the exhibit does not require the contractor to provide surety bonds on the project. Instead, it gives the parties an option to require bonds (whether payment, performance, or both) and specify the applicable penal sum.

Listen as our authoritative panel discusses the Insurance and Bonds exhibit in the AIA's attempt to provide a flexible tool to aid the owner and contractor in exploring and negotiating insurance and bond requirements. The panel will address the changes to the prior version of the AIA and best practices in modifying these terms for various stakeholders.

Outline

  1. Overview of AIA documents and the 2017 revisions
    • Insurance and Bonds Exhibit
      • Owner's required insurance
      • Owner's optional insurance
      • Contractor's required insurance
      • Contractor's optional insurance
      • Bond provisions
    • Owner and contractor-friendly modifications to avoid COVID-19 related risks
    • Final considerations

Benefits

The panel will review these and other key issues:

  • What are the fundamental changes to the Insurance and Bonds Exhibit in the 2017 AIA standard contracts?
  • What are best practices for modifying and amending these forms?
  • What modifications should owners and contractors make to address COVID-19 related risks?
  • What practical drafting strategies will reduce the likelihood of disputes and offer significant advantages if disputes arise?