AIA Document G612-2017 is a questionnaire, drafted to elicit information from the owner regarding the nature of the construction contract. G612 is divided into two parts: Part A relates to contracts, and Part B deals with bidding procedures. The order of the parts follows the project’s chronological sequence to match the points in time when the information will be needed. The AIA recommends that the Architect distribute both parts to the Owner simultaneously, but, if necessary, the distribution may be staggered.
Because many of the items relating to the contract will have some bearing on the development of construction documents, it is important to give Part A to the owner at the earliest possible phase of the project. The owner’s responses to Part A will lead to a selection of the appropriate delivery method and contract forms, including the general conditions. Answers to Part B will follow as the contract documents are further developed. For all document details and a record of changes, see the summary »
The information requests contained in AIA Document G612 are fairly straightforward. However, the information supplied in response to certain requests may have ramifications that are not immediately apparent. These situations are explained below.
Part A, Item 6. The single-contract arrangements listed in this request may be effected using the appropriate AIA Owner-Contractor agreement, which should be listed in Item 7, and the General Conditions listed in Item 8. The General Conditions selections in Item 8 are AIA Document A201®–2017 or another AIA General Conditions document if a delivery model other than conventional is used. For documents available for each delivery model, visit aiacontracts.org/find.
Portions of construction by the Owner’s own forces and phased construction (fast-track) may be affected by using these documents with suitable modifications. Multiple contracts may also be executed using these documents.
If the Contractor(s) are to be selected by negotiation, Part B need not be completed.
Part A, Items 9, 12–17. The information requested herein relates specifically to information that may be incorporated in the Agreement and the Conditions of the Contract Between Owner and Contractor as well as division 1 of the Specifications.
Part A, Item 15. Liquidated damages are sum(s) that the parties agree, at the time of contracting, will be the Owner’s remedy for any damages that the Owner will claim as a result of the Contractor’s failure to achieve Substantial Completion within the Contract Time, as provided in the Owner-Contractor Agreement. Generally, it is intended that liquidated damages will be the Owner’s sole remedy for the Contractor’s delay in achieving Substantial Completion and the Owner would be precluded from recovering other types of damages, including direct, consequential, and special damages resulting from delay.
Such a provision would be inserted in a fill point in the Agreement between the Owner and Contractor, allowing the parties to define the appropriate terms and conditions related to liquidated damages.
Care must be taken to avoid even the appearance that a liquidated damages provision will be used to extract a penalty—an amount not a reasonable measure of the anticipated actual damages. If it is found that the liquidated amount is disproportionate to the anticipated harm, or if there is no anticipated harm, then the amount may be adjudged an unenforceable penalty. Penalties in contracts are not generally enforceable for public policy reasons—the few exceptions typically made by statutes granting authority to public entities, cities, and municipalities.
Executing the document
The completed AIA Document G612 should be signed and dated by the Owner or a person authorized to act on the Owner’s behalf. The Owner should retain at least one copy and forward the original to the Architect.
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.
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