Is it Really the AIA General Conditions?
It's not unusual for an owner, general contractor or design professional to modify the so called standard contract forms promulgated by the American Institute of Architects(AIA), the Associated General Contractors(AGC) and others. But historically the changes were easy to spot. Not so anymore warns Donald Gregory in the June edition of the Kegler Brown Construction Law Newsletter.
When I began practicing, the AIA and AGC forms came pre-printed so changes had to be interlined or published as a special addendum. AIA's and AGC's development of proprietary software triggered a movement to user preparation and printing. The convenience and ease of use of this software cannot be disputed. But Gregory points out that as newer versions of the software have been developed, a dark side has emerged--the newer software makes making changes much easier to do and much harder to spot:
Unlike previous versions of the software that prominently set forth the revisions to the standard contract form, recent software allows changes to be made that may not be apparent to the casual reader of a "familiar" contract form. Now, "clean copies" of modified standard forms can be printed with only minor indications of where the form language has been changed – perhaps in a material way.
In addition, AIA and AGC allow substantial revisions to be made to these generally accepted forms without its identity as a standard form being removed, defeating the intent of "consensus" documents.
Gregory recommends that even contracts designated as an AIA or AGC form be read word for word before signing and that margins be checked carefully to see if any change is noted.