Instructions: A422™–2018, Work Order for use with Master Agreement Between Contractor and Subcontractor

 A422™–2018, Work Order for use with Master Agreement Between Contractor and Subcontractor

Synopsis.

AIA Document A422–2018 is a Work Order that provides the Subcontractor’s scope of Work, Subcontract Time, Subcontract Sum, and other terms pertinent to the specific Work Order. It is intended for use when the Contractor and Subcontractor have entered, or will enter, into a Master Agreement, which sets forth the common terms and conditions applicable to all Work Orders. A422–2018 is not a stand-alone agreement and must be used in conjunction with a Master Agreement. A422-2018 is coordinated for use with AIA Document A421™–2018, Master Agreement between Contractor and Subcontractor. The Master Agreement plus Work Order contracting method allows multiple scopes of Work to be issued quickly without renegotiating the terms and conditions of the Contract. For all document details and a record of changes, see the summary » 

 

Using A422–2018.

Cover Page

Work Order Number. In order to better identify each Work Order, the cover page has a fill point that allows the parties to include a Work Order number. In general, the parties should assign a sequential number to each subsequent Work Order to aid in identification of each Work Order.

Date. The date represents the date the Work Order becomes effective. It may be the date an original oral agreement on the Work Order was reached, the date the Work Order was originally submitted to the Owner, 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.

Prime Contract. The date of the Agreement between the Owner and Contractor should be entered.

Owner. The name and address of the Owner should be the same as used in the Prime Contract.

Project. The proposed Project should be described in sufficient detail to identify (1) the official name or title of the facility; (2) the location of the site; and (3) a brief description of the Project, including the proposed building usage, size, and capacity or scope.

Architect. The Architect’s full legal or corporate title should be used.

The Subcontract. The date indicated on the cover page of the Master Agreement under which the Work Order is executed should be included. This will identify the appropriate Master Agreement to which this Work Order applies. In the event the parties entered into more than one Master Agreement on a given date, other identifying information should be included.

Article 1 – The Work of this Work Order

Identify and describe the precise scope of Work required by the Subcontract, referencing, where appropriate, numbers of Drawings, Specifications sections, pages of any addenda, Modifications, and any accepted alternates. While describing the scope of Work will help to avoid later disputes, it is equally important to describe any specifically excluded Work that will be the responsibility of others.

Article 2 – Date of Commencement and Substantial Completion

The following items should be included as appropriate:

§ 2.1 The date of commencement of the Work should be inserted if it is different from the date of the Work Order. It should not be earlier than the date of execution (signing) of the Work Order. After the first sentence, enter either the specific date of commencement of the Work, or if a notice to proceed is to be used, enter the sentence, “The date of commencement shall be stipulated by the notice to proceed.” When time of performance is to be strictly enforced, the statement of starting time should be carefully weighed.

§ 2.2.2 The Subcontract Time may be expressed as a number of calendar days or as a specified date. Select the appropriate box and insert the date or number of days, as appropriate. If a specified date is used, and the date of commencement is to be given in a notice to proceed, these dates must be carefully coordinated to allow sufficient time for completion of the Work.

§ 2.2.3 Where portions of the Subcontractor’s Work may be occupied and used prior to substantial completion of the Subcontractor’s Work, each portion of the Subcontractor’s Work should be described in this section and the substantial completion date for each portion of the Subcontractor’s Work should be provided.

Article 3 – Subcontract Sum

§ 3.1 Enter the Subcontract Sum payable to the Subcontractor.

§ 3.2.1 Identify any alternates described in the Subcontract Documents and accepted by the Contractor as included in the Subcontract Sum.

§ 3.2.2 List other alternates which may be accepted subsequent to execution of the Agreement, including the price of each alternate and the conditions for acceptance.

§ 3.3 Identify unit prices and state quantity limitations, if any, to which the unit price will apply. If unit prices are not covered in greater detail elsewhere in the Subcontract Documents, the following provision for unit prices is suggested:

The unit prices listed below shall determine the value of extra Work or changes in the Work, as applicable. They shall be considered complete and shall include all material and equipment, labor, installation costs, overhead, and profit. Unit prices shall be used uniformly for additions or deductions.

§ 3.1 Identify and state the amounts of any allowances.

Article 4 – Payments

§ 4.1 When there are multiple Owners, the period and dates of the Application for Payment may vary. Insert the time period covered by each application for payment if it differs from Article 10 of the Master Agreement.

§ 4.2 Insert the percentage or amount of retainage, if any, to be withheld if it differs from Article 10 of the Master Agreement.

Article 5 – Insurance and Bonds

§ 5.1 Where the Contractor is required to provide insurance other than what is required in the Master Agreement, insert the type and limits of insurance.

§ 5.2 Where the Subcontractor is required to provide insurance in addition to that required in the Master Agreement, insert the type and limits of insurance.

§ 5.3 Where the Subcontractor is required to provide payment and performance bonds, indicate the penal sum of each bond in the space provided.

Article 6   

§ 6.1 List temporary facilities and services the Contractor will not furnish to the Subcontractor.

§ 6.2 List any of the Contractor’s equipment that will not be available to the Subcontractor.

§ 6.3 List any specific arrangements or requirements concerning working conditions and labor matters applicable to the Subcontractor’s Work.

Article 7 – Party Representatives

§ 7.1 Identify the name, title, and other identifying information of the individual authorized to act on the Owner’s behalf with respect to the Work Order. This may be the same or a different individual than the representative authorized to act on the Owner’s behalf with respect to, and identified in the Master Agreement.

§ 7.2 Identify the name, title, and other identifying information of the individual authorized to act on the Contractor’s behalf with respect to the Work Order. This may be the same or a different individual than the representative authorized to act on the Contractor’s behalf with respect to, and identified in the Master Agreement.

Article 8 – Enumeration of Subcontract Documents

A detailed enumeration of all Subcontract Documents must be made in this article.

 

Executing the work order.

The persons executing AIA Document A422–2018 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.

 

Important.

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.

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.

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