Summary: G612™–2017, Owner’s Instructions to the Architect Regarding the Construction Contract

Content.

Synopsis

Changes from the previous edition

Distribution of forms to the owner

 

Synopsis.

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 use and execution of a document, see its instructions  »

 

Changes from the previous edition. 

G612-2017 was updated in 2017 to coordinate with AIA Owner-Contractor agreements that utilize A201®-2017 as the general conditions document, and the Insurance Exhibit which is part of several of the 2017 AIA Owner-Contractor agreements. 

 

Distribution of forms to the owner.

Part A.Questions relating to the construction contract may alert an Owner to methods and procedures that may affect Drawings and Specifications—e.g., construction performed by the Owner’s own forces, fast-track, and phased occupancy. Therefore, it is important to give Part A to the Owner as early as possible. The Owner’s expeditious response to Part A will allow sufficient time to incorporate relevant information obtained from Part A into the Construction Documents. Additionally, responses to Part A will lead to a selection of the appropriate delivery method and contract forms, including the General Conditions. The use of General Conditions and Supplementary Conditions is often overlooked for cost-plus or phased (fast-track) construction contracts when the Owner-Contractor agreement is entered into prior to completion of Drawings and Specifications and assembly of other material for the Project Manual. The General Conditions are as important for those forms of agreement as they are for stipulated sum contracts and should be part of those agreements when signed. Initial Information, or any other Project-specific information in the Owner-Architect agreement, should be checked for consistency with the completed AIA Document G612.

Part B. Responses to Part B determine the details of the bidding procedure. Answers to questions posed in Part B may be unknown when the Owner completes Parts A. For that reason, responses to Part B may be delayed for some time, but must be received before completion of the Construction Documents.

Sample Letter of Transmittal. The Architect should acquaint the Owner with AIA Document G612 and its purpose. The Architect should also be prepared to explain the need for the requested information and to provide necessary assistance, particularly by furnishing any relevant documents that may help the Owner respond to all three parts of G612. When discussing contract documents and insurance with the Owner, it is essential that the Architect remember that the Architect’s advice is meant only as guidance and that ultimate decisions regarding contracts and insurance should be made by the Owner’s lawyers and insurance advisors. A letter similar to the following example may be used to transmit the questionnaire and related forms to the Owner.

Dear Owner:

Although we are just starting to develop the construction documents for your project, it is important that we have, at your earliest convenience, information regarding the construction contract, insurance, surety bonds and bidding instructions. We have enclosed two copies of a two-part questionnaire that seeks responses to questions about those topics. Your responses to the questionnaires can have considerable bearing on many decisions we will have to make during the preparation of drawings and specifications. If answers to questions in Part B are currently unknown, please return Part A now and return Part B at a later date.

We have also enclosed a standard form of construction agreement, related General Conditions, and a standard form of Instructions to Bidders. Those three documents are for your information, review, and approval or other recommendations. We also enclosed a recent sample Supplementary Conditions. It illustrates the kind of modifications needed to tailor the standard document to a specific project.

You and the Contractor will both be required to maintain certain insurance coverages during the construction period, as set forth in the Owner-Contractor agreement. The bonding option and suggestions for typical modifications related to coverages, limits, and bonds are found in the accompanying suggested Supplementary Conditions.

Please review all of the enclosures with legal and insurance counsel. We are, of course, available for explanation, interpretation, and advice as may be needed. Your insurance advisor should review the suggested requirements in careful detail and evaluate the protection you and the Contractor are advised to carry. We would appreciate an early response to these inquiries. Please return one copy of the questionnaire and any required supporting documentation.

 Yours truly,

 Q.A. Architect

Was this article helpful?
1 out of 1 found this helpful
Have more questions?
Submit a request