No Rights to the AIA 2007 Documents after October 2018
The American Institute of Architect’s release of its 2017 documents has been a hot topic within construction law circles over the past year. In total, AIA released 29 new forms and contracts in 2017, including the AIA A101, A102, A103, and A201. Bradley’s BuildSmart blog contains a few articles discussing some significant changes in those documents.
In accordance with AIA’s customary practice, the older version of the contract documents (e.g., the 2007 version) will expire within approximately 18 months after the release of the new version of the 2017 contract documents. Once an AIA document expires, the user will no longer have the ability to create a new document from the expired version, edit the expired version, or even finalize an expired version.
So, for example, the 2017 version of the AIA A101, A102, A103, A201, A401, and B101 contract documents were released in April 2017. The 2007 versions of these documents are set to expire on October 31, 2018. After October 31, 2018, a user will no longer be able to create a contract document from the 2007 version or edit a 2007 version. Further, if parties attempt to finalize an expired 2007 document after October 31, 2018, AIA will not allow the parties to finalize that document; instead, the parties will either have to use the 2017 version of those documents or find alternate means of finalizing their contract.
It is worth noting that AIA released some lesser used contracts and form documents in October 2017, including the AIA B201 (Design and Construction Contract Administration), B207 (Architect’s Services: On-Site Project Representation) and G704 (Certificate of Substantial Completion). These documents are not set to expire until May 31, 2019.
Regardless of whether the document is set to expire at the end of October 2018 or May 2019, parties are strongly encouraged to begin using the 2017 version of the AIA documents now or risk being precluded from finalizing their contract document. If you have any questions about the recent AIA revisions or drafting a contract for your particular project, please do not hesitate to contact us.