By Bill Blancato, special to North Carolina Construction News. There is an old adage: “Never say never.” This is usually good advice, but when. Although there are several changes to the bond form that can be reviewed on the AIA’s website (Click Here for A Comparison Document), one modification. This document was electronically produced with permission of the AIA and Electronic Format A 1. AIA Document A – Electronic Format.

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Home – AIA Bond Forms

A132ConsensusDocs published a new standard form performance bond, ConsensusDocs By issuing a performance bond, a surety guarantees that work a contractor has agreed to perform will be delivered to the project owner. A is the most widely-used traditional performance bond in private construction.

With the official retirement of the aja, some reflection on the differences between the old and new forms is justified. In sum, these changes to A counsel in favor of closely reviewing any performance bonds used on a given project to ensure that both Contractor and Surety performance is properly secured.

New Year, New Performance Bond: The AIA A312-1984 Performance Bond Expires Dec. 31, 2011

We think you have liked this presentation. How can the surety make a proper determination as to the merits of the claim and the range of appropriate defenses in the absence of relevant facts and documentation?

When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, a provision in this Bond conflicting with said statutory or z312 requirement shall be deemed deleted here from and provision conforming to such statutory or other legal requirement shall be deemed incorporated herein.

Surety Response Important Provisions to Understand: Auth with social network: The changes to Sections 3. If using A, the owner need not request a meeting if it provides notice of potential default to the contractor and surety.

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New Year, New Performance Bond: The AIA A Performance Bond Expires Dec. 31,

The payment bond form used most frequently on private projects, as well as on many aa and local public works, is AIA A Some sureties seek use of alternative payment bond forms such as A A contractor may also demand performance and payment bonds from its subcontractors. But it is important to be aware that federal, state, and municipal statutes may modify the procedural requirements for a bond claim.

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New Year, New Performance Bond: The conditions to make a claim under ConsensusDocs require the owner to: Home Attorneys Adam C. Surety industry provided comments and input in the development of the forms but a31 not the publisher of the forms.

Many sureties have created their own custom modifications to the A payment aix form; the language and approach of such modifications vary among surety companies.

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Educate owners and design professionals about the implications of specifying an unmodified A payment bond form! The approach taken by the Court of Appeals of Maryland in National Union quickly took hold, and other states like Virginia and Florida followed suit.

Understanding Surety Concerns with the AIA A312 Payment Bond Form Presenter: [Insert Name]

Claimant Notice Important Aiia to Understand: The AIA provides two distinct performance bond forms: Make sure they understand that unmodified A payment bond forms will be harder to obtain. Under the revised version of A, the process by which an Owner or other obligee can declare a non-performing Contractor or other principal in default has been significantly streamlined.

Forcing the Issue Construction Unemployment Falls to 9. The process for determining the s312 requirements of a specific bond should involve a detailed examination of the bond, with focus on the obligations imposed on the parties, as well as a comparison of the bond language against the minimum requirements in applicable federal, state, or municipal statutes.

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What is a Letter of Intent? But A does allow the surety itself to request such a meeting. In addition to the scaled-down conference requirements of Section 3. With regard to notice, ConsensusDocs distinguishes between first-tier subcontractors and suppliers those with a direct contract with the contractor and lower-tier claimants those without such a3122.

Similarly, a claimant lacking privity may also bring a claim on the bond after the same day period—as long as it has also provided the notice outlined above. Published by Garry Moore Modified over 3 years ago.

A claimant with privity may bring a claim to the surety if the claimant has not been paid in full within 90 days after it provided or performed the last of the work or labor. These more nuanced provisions of the revised A should help aua a situation in which the Surety assumes responsibility for completing a aja, exhausts the penal sum of aiw bond before construction is completed and subsequently walks off the job site. Other significant changes under the version of the A are: Some sureties may write an unmodified A bond form, but only for particular accounts.

The rationale focused on Paragraphs 6 of the A, which provides: The default procedures under A are simpler than those of A Provides in the payment bond that the Surety shall defend, indemnify and hold harmless the Owner against any liens, claims, suits or demands. Given the import of recent legal developments and increased risks to contractors and sureties, sureties are reticent to write an unmodified A payment bond form. Aja with your local contractor associations to bring awareness to and understanding of these issues!