Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price
AIA Document A102–2017, Standard Form of Agreement Between Owner and Contractor, where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, serves as a comprehensive agreement between an owner and a contractor structured to manage construction projects where flexibility in costs is essential, yet needs to be capped for owner security. The cost-plus fee model with a guaranteed maximum price (GMP) establishes a definitive cap, ensuring the owner is protected from cost overruns by setting a clear upper limit on reimbursable costs while still allowing the contractor the flexibility to undertake necessary work adjustments. AIA Document A102–2017 is intended to be used with AIA Document A201–2017, which details the General Conditions of the Contract for Construction.
Key Features and Benefits of the Cost-Plus Fee with GMP
The AIA Document A102–2017 is designed to offer an optimal balance between financial flexibility and predictability, providing a framework well-suited for large, complex projects where changes and adaptations may be frequent. With this contract, the owner reimburses the contractor’s costs and an agreed-upon fee, with the added assurance that these costs will not surpass the GMP. This mechanism is particularly advantageous in dynamic project environments where evolving requirements may necessitate budget adjustments.
In addition to the contract itself, AIA Document A102–2017 includes an Exhibit A dedicated to Insurance and Bonds, which forms a critical part of the overall agreement. This exhibit delineates the necessary insurance coverage and bonding requirements, a crucial aspect in protecting against potential risks and liabilities and ensuring that all parties are adequately covered. Engaging legal and insurance experts in reviewing Exhibit A before construction begins is crucial to establishing robust risk management practices tailored to the project’s unique needs.
How A102–2017 Differs from Other AIA Agreements
Unlike AIA Document A101-2017, Owner-Contractor Agreement, which binds the project to a fixed price, AIA Document A102–2017 allows for fluid adjustments within a protected cost framework, ideal for situations where technical, site-specific, or regulatory complexities are likely to influence the project development. For environments demanding even greater flexibility, 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 might be suitable, allowing projects to expand without a strict cost ceiling. However, AIA Document A104 – 2017, Abbreviated Form of Agreement Between Owner and Contractor and AIA Document A105–2017, the Standard Short Form of Agreement Between Owner and Contractor deal with more limited or straightforward projects, offering simpler contract frameworks in a shorter and more efficient format.
Customizing A102–2017 for Your Project
While AIA Document A102–2017 is widely used on projects requiring a cost-plus fee arrangement with a Guaranteed Maximum Price (GMP), no singular construction contract can flawlessly address every specific project need. Each construction project possesses its own distinct characteristics, challenges, and legal considerations that a standard form may not entirely capture. Consequently, customizing or adjusting the contract’s terms to suit the particularities of the project is necessary. This approach guarantees that the agreement properly reflects the project’s unique conditions, including any site-specific factors, stakeholder expectations, or regional legal requirements. Accordingly, while standardized contracts like AIA Document A102–2017 offer an excellent foundation, careful evaluation and potential alteration of their terms are key to ensuring the contract is well-suited to the projects’ specific demands and complexities.
Ensuring Successful Projects With A102–2017
AIA Document A102–2017 provides a crucial tool for executing large, complex construction projects where flexibility combined with financial security is essential. By establishing a guaranteed maximum price, this agreement allows owners to maintain budget control while enabling contractors to respond effectively to project needs. Its robust contractual framework supports strategic project development, enhancing collaboration and ensuring that all stakeholders can confidently navigate and manage the complexities associated with significant construction ventures. Through its detailed provisions for insurance and bonding, A102 further secures the project’s progress, blending cost-effective oversight with comprehensive risk management for optimal project outcomes.
Get legal guidance on using AIA Document A102–2017 for your project—contact us today to ensure your construction agreement protects your budget and interests.
