AIA Document A113™–2022 is an owner/contractor agreement that is intended to be used for a single family residential remodeling project. A113 does not include design phases or construction administration services provided by a third-party architect. A113 is a streamlined document developed to meet the needs of residential owners and contractors for a relatively straightforward home remodeling project, such as a kitchen or bathroom remodel.
The contractual and licensing requirements for construction of a single family home may vary in different jurisdictions. The owner and contractor should consult local authorities or an attorney to verify requirements applicable to this agreement. The agreement contains fill points to provide information related to jurisdictional requirements.
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Date. The date represents the date the Agreement becomes effective. It may be the date an original oral agreement was reached, the date the Agreement was originally submitted to the Owner, the date authorizing action was taken or the date of actual execution.
Parties. Parties to the Agreement should be identified using the full address and legal name under which this Agreement 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, close 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.
Project. Describe the proposed Project in sufficient detail to identify: (1) the official name or title of the facility; (2) the location of the site; (3) the proposed building usage; (4) the legal description of the property or any statutorily required description of the project; and (5) the size, capacity or scope of the Project.
Article 1 Information Upon Which This Agreement Is Based
The parties should take care to be as explicit and detailed as possible with respect to the information requested in this article. This is especially true with respect to the identification of the drawings and specifications which, in this agreement, may be provided by either the owner or the contractor.
Section 1.2 Statutory Requirements. Many jurisdictions require that contracts for residential projects include specific language that places the owner of the project on notice of its rights with respect to the contract. These provisions are often mandatory and there may be specific statutory language, format, and font requirements that must be closely followed. This section provides a fill point for common topic areas where jurisdictional requirements may be included. It is important to consult with the relevant authorities having jurisdiction over the project or legal counsel to ensure that the proper information is included in the contract.
Section 1.3 Special Owner Requirements. This section provides a fill point in which the owner may provide any special requirements, such as limits on where and when the contractor’s personnel can access the property, any special items to be salvaged, security procedures for the owner’s property, etc.
Section 1.4 Additional requirements upon which the Agreement is based This fill point prompts the owner to provide additional requirements specific to a residential project, such as Homeowners’ Association requirements, or covenants or conditions specific to the property.
Article 2 Contract Time
In this article, the dates of commencement and completion of construction should be provided.
Article 3 Contract Sum and Payments
The AIA makes no recommendation as to the appropriateness of any methods of compensation on a particular project. The use of any compensation method is a business decision for the Contractor and the Owner. Further, the AIA makes no recommendations and has no guidelines or schedules that specify the amount of compensation a Contractor should be paid.
- 3.1 The payment amounts to be made at specific milestones should be listed here, or in an attached exhibit. The payments listed should add up to the total contract sum.
- 3.2. Fill in the number of days that payment is due by the Owner after notification from the Contractor that a payment is due.
- 3.3 Agreed upon allowances should be identified, including a statement of their basis. Unless otherwise provided, allowance amounts do not include the costs for delivery and unloading at the Project site, labor, installation, overhead and profit, or similar costs.
- 3.4 Contractor’s assumptions, exclusions and clarifications should be listed here or in an attached referenced exhibit.
Article 4 Insurance
Insert specific insurance requirements for the types of insurance and dollar limits of coverage that the Contractor is required to maintain for the project.
Article 13 Scope of This Agreement
- 13.2.2 List any other documents that are part of the Agreement.
Executing the Agreement
The persons executing AIA Document A113–2022 should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Agreement. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached.
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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