AIA Document A221–2018 is a Work Order that provides the Contractor’s scope of Work, Contract Time, Contract Sum, and other terms pertinent to the specific Work Order. It is intended for use when the Owner and Contractor have entered into a Master Agreement setting forth the common terms and conditions applicable to all Work Orders.
A221–2018 is not a stand-alone agreement and must be used in conjunction with a Master Agreement. A221-2018 is coordinated for use with AIA Document A121™–2018, Master Agreement between Owner and Contractor. The Master Agreement plus Work Order contracting method allows multiple scopes of Work to be issued quickly without the necessity to renegotiate the terms and conditions of the Contract. It may be used on projects with a stipulated sum; cost of the work plus a fee, with or without a guaranteed maximum price; or other payment method determined by the parties. If using a cost-plus payment method, the parties will also use A121 Exhibit A, Determination of the Cost of the Work. For use and execution of a document, see its instructions »
AIA Document A221–2018 is not a stand-alone document, and to become effective, it must be executed as part of a Master Agreement. AIA Document A221–2018 has been coordinated for use with AIA Document A121–2018, Master Agreement between Owner and Contractor.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission. The parties may want to consider using AIA Documents E203™–2013, Building Information Modeling and Digital Data Protocol Exhibit; G201™–2013, Project Digital Data Protocol Form; and G202™–2013, Project Building Information Modeling Protocol Form, for that purpose.
Changes from the previous edition.
AIA Document A221–2018 revises AIA Document A221–2014 to parallel the 2017 revisions made in A104–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor and A201–2017, General Conditions of the Contract for Construction. Some of the significant differences in content between AIA Document A221–2014 and AIA Document A221–2018 are listed below.
Article 3 – Contract Sum
§ 22.214.171.124 This new provision has been added to make the document consistent with AIA Documents A104-2017, A102–2017, and the long-standing principle that the Guaranteed Maximum Price includes costs attributable to further development of the Contract Documents to the extent that further development is consistent with the Contract Documents and does not include changes in scope, systems, kinds and quality of materials, finishes or equipment.
§ 126.96.36.199 This section has been added to make the document consistent with revisions to AIA Documents A104-2017, A102–2017, and to recognize that any assumptions agreed upon by the Owner and Contractor under Section 188.8.131.52 may require revisions to the Contract Documents. This language requires the Owner to authorize revisions to the Contract Documents that incorporate any agreed upon assumptions upon which the Guaranteed Maximum Price is based.
§ 3.5 A fill-point has been included for the parties to specify a liquidated damages provision or amount. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged.