We assisted our general contractor client to negotiate a multi-phase contract for a $6.5 million project, enabling the client’s project owner, a nonprofit religious institution, to secure expedited financing. The contract took the form of AIA Document A103–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price, providing flexibility for managing costs across the project’s two phases. We also assisted with subcontractor agreement negotiations, many based on our previously supplied AIA Document A401–2017, Standard Form of Agreement Between Contractor and Subcontractor template with custom reasonable general contractor-sided edits. While our client’s non-attorneys staff used our templates to handle many subcontract negotiations, we were directly involved in negotiations for more complex subcontracts, including those with specialty trades like elevator suppliers. Further, we helped navigate a mid-project architecture firm change, including communications with local governmental authorities, and counseled the contractor on matters of project execution, including the potential termination of a subcontractor for cause.
