AIA Document F201™–2023 is a work order document and must be used with AIA Document F101–2023, Master Maintenance Agreement to form the contract between the client and contractor to perform as needed maintenance work. As needed maintenance work includes work associated with building repair, or simple building improvements (e.g., roof repairs, façade painting, parking lot striping, HVAC repairs, small building upgrades, or tenant improvements). F201-2023 prompts the parties to include the scope of the maintenance work.
Date. The date represents the date the Work Order Contract becomes effective. It may be the date an original oral Work Order was reached, the date the Work Order was originally submitted to the Client, the date authorizing action was taken or the date of actual execution.
Parties. Parties to the Work Order should be identified using the full address and legal name under which the Work Order is to be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, closed or professional], etc.). Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other information may be added, such as telephone numbers and electronic addresses.
Facilities. Insert the official name or title and location of the building(s), structure(s), or site(s) where the Maintenance Work will be performed.
The Work Order Contract. The date indicated on the cover page of the Master Maintenance Agreement under which the Work Order is executed should be included. This will identify the appropriate Master Maintenance Agreement to which this Work Order applies. In the event the parties entered into more than one master maintenance agreement on a given date, other identifying information should be included.
Article 1 The Maintenance Work of This Work Order
- 1.1 Describe the scope of the Maintenance Work the Contractor will perform, including objectives, deliverables and specific work activities. Additionally, list any exhibits, attachments, drawings or specifications that describe the Maintenance Work.
Article 2 Maintenance Work Commencement and Completion
- 2.1 Insert the calendar date for commencement and completion of the Maintenance Work.
- 2.2 If applicable, insert any provisions for liquidated damages relating to failure to complete on time. Liquidated damages are not a penalty to be inflicted on the Contractor, but must bear an actual and reasonably estimable relationship to the Client’s loss if the Maintenance Work is not completed on time. If liquidated damages are to be assessed because delayed construction will result in actual loss to the Client, the amount of damages due for each day lost should be entered here. Factors such as confidentiality or the need to inform subcontractors about the amount of liquidated damages will help determine the placement of such language.
If a provision for liquidated damages is included, it should be carefully drafted by the Client’s attorney. Such a provision may be based on the following sample language:
The Contractor and the Contractor’s surety, if any, shall be liable for and shall pay the Client the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Maintenance Work is complete: ________ ($__).
Article 3 Facilities Access and Work Schedule Restrictions
- 3.1 Identify the access requirements to the Facilities where the Contractor will perform the Maintenance Work.
- 3.2 Identify the schedule requirements related to the Contractor’s performance of the Maintenance Work, including restrictions to perform Maintenance Work during certain hours or on certain days of the week.
Article 4 Compensation
- 4.1 Enter the compensation amount to the Contractor. Additionally, if payment timing will be different from what is set forth in the Master Maintenance Agreement, insert timing for payments.
- 4.2 Insert any payment terms that differ from those set forth in the Master Maintenance Agreement and not otherwise included in Section 4.1 of the Work Order, including any down payments, early payments, material, or equipment purchase payments or other special payment considerations.
- 4.3 Insert the percentage or amount of retainage, if any, to be withheld.
- 4.4 Unless another person is identified in this section, the Contractor will submit invoices to the Client’s representative identified in Article 6.
Article 5 Insurance
- 5.1 Insert any insurance requirements that will differ than those set forth in the Master Maintenance Agreement, including any insurance that may be specific to the scope of Maintenance Work performed pursuant to this Work Order Contract (e.g., professional liability insurance, inland marine insurance, equipment insurance, fidelity bond, asbestos abatement liability insurance, pollution liability insurance, or builder’s risk insurance, and any applicable limits).
Article 6 Party Representatives for This Work Order
- 6.1 Insert the name, title and other identifying information of the individual authorized to act on the Client’s behalf with respect to this Work Order.
- 6.2 Insert the name, title and other identifying information of the individual authorized to act on the Contractor’s behalf with respect to this Work Order.
Article 7 Other Terms and Conditions
Insert other terms and conditions or reference attachment(s) that contain them.
Article 8 Attachments
List any attachment(s) included in the Work Order.
Executing the Work Order
The persons executing AIA Document F201–2023 should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Work Order. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached.
Dispute Resolution. In order to maintain the condensed nature of this document, arbitration and other ADR provisions are omitted, but the parties may include them under Article 9 of the F101-2023 Master Maintenance Agreement. Alternatively, the parties may also include them under Article 7 of the F201-2023 Work Order for As Needed Maintenance Work. Even if not included in the master maintenance agreement or the Work Order, the parties may agree to use ADR methods to resolve disputes instead of filing claims in court. For information about various methods of dispute resolution, refer to The Construction Industry’s Guide to Dispute Avoidance and Resolution, free online at https://www.adr.org/.
Use of Non-AIA Forms. If a combination of AIA contract documents and non-AIA contract documents is to be used, particular care must be taken to achieve consistency of language and intent among documents.
Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. For more information, see the document footer and the AIA Contract Documents® Terms of Service.
Modifications. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document.