AIA News
The Value of EF 3.0 PLUS Contract Documents

by Melissa Muroff and Patty Hsiao
Vice Presidents, Flywheel Group

Using contracts to initiate or govern architecture services can reduce contracting risks for all contracting parties. However, not all contracts are created equal. AIA standard agreements have evolved over the past 100 years to satisfy a broad range of needs in the industry. The AIA Contract Documents characterize the contractual link not only between the owner and architect, but also between the owner and contractor and between the architect and consultants.

AIA Contract Documents are invaluable tools for contracting and project management, and they are available in a variety of formats and a pricing structure to meet all types of business needs. EF 3.0 PLUS, the latest version of electronic format (EF) contract document software, offers key advantages.

Intuitive editing tools: With EF 3.0 PLUS, users can store, edit, and print all standard AIA Contract Documents on their personal computers (either PC or Mac). The EF 3.0 PLUS software also includes intuitive editing tools, including helpful "search and replace," "cut," and "paste" features. The editing and formatting tools allow users to create professional and easy-to-read documents with ease.

Clearly indicated modifications: The EF 3.0 PLUS software tracks all changes to a document, allowing users quickly to identify modifications to standard contract language. Regardless of the length or detail of a contract document, users familiar with the standard language can appreciate changes in project scope or responsibilities very quickly.

Flexible license pricing structure: The flexible EF license pricing structure meets the needs of large and small firms alike.
• The Meter-Based License, designed for small to midsize firms, allows users to pay for electronic format contract documents on an as-needed basis.
• The Unlimited Annual License, ideal for high-volume users, grants unlimited use of the electronic documents for an annual subscription.
• The Multi-seat Firm License, perfect for firms with multiple office locations, offers a cost-effective means of providing unlimited use of the documents across locations.

Users of the EF software may choose to print either "draft" or "final" versions of their documents. Those who have purchased a Meter-Based License (the "pay as you go" license type) only pay for the "final" documents they print. (Those with an Unlimited Annual License or a Multi-seat Firm License pay a flat annual fee rather than the per-use charge.) This cost-effective pricing feature makes the EF contract documents affordable for even the smallest of firms.

Flexible software sharing: Although the EF 3.0 PLUS software can only be loaded onto one "master" personal computer—which can print both "draft" and "final" documents—the software can be loaded onto an unlimited number of "satellite" personal computers for no additional cost. (These satellite stations can only print "draft," not "final," documents.) Using a combination of master and satellite computer stations cost-effectively streamlines the document preparation process. For the price of one EF software license, documents can be forwarded electronically among the project team for efficient document storage, editing, and printing.

Easy document transmission: In addition to sharing documents within a project team in the same office, the EF 3.0 PLUS Contract Documents can also be emailed among any other EF 3.0 PLUS software users. The advantage of electronically forwarding these documents replaces the more time-consuming options of sending documents via courier, express delivery, or fax (which can occlude the text or any handwritten comments).

Useful educational material: The EF software also contains a wealth of searchable supplemental and instructional material on the use and meaning of the documents. While working on a document, you can quickly access this rich information resource, as needed, with a single mouse click.


Did you know that AIA contract documents . . .

• Were first published in 1888. Called the Uniform Contract, the document was for use between an owner and a contractor. Today there are more than 85 contracts and administrative forms available from the AIA in both print and electronic versions.

• Are standard forms intended for use with modifications clearly indicated to allow for easy location of changes during negotiation. Changes to a standard form are always identified so those familiar with the document through repeated use may measure the risks of a particular adaptation of the document to a specific situation quickly.

• Provide solid provisions enforceable under the existing law. The documents have been finely tuned during their 100-plus-year history to reflect the latest changes in law and the construction industry, based on industry practices, not theory. As a result, these comprehensive contracts and forms have been tested by the courts and are widely considered the industry standard.

• Are developed and revised based on a set of Drafting Principles assembled by the AIA Board. The success of the documents depends upon a collaboration among the AIA Contract Documents Committee (volunteer architects and industry professionals selected for their experience and expertise), the AIA staff, outside legal counsel, owners, representatives of other construction industry associations, insurance counsel, and attorneys with special expertise in matters pertaining to the design and construction process. Given this broad scope of contributors, the AIA Contract Documents enjoy a wide reputation for fairness to all parties.

• Are revised on a standard 10-year cycle, replacing prior editions. The purpose of additional revisions is to ensure that users have state-of-the-art legal tools to be more productive and profitable. Reasons for revisions include changes in industry practice, changes in economics of the profession, or development of legal issues. Other revisions might be attributed to new participants in the construction industry who need to be acknowledged.

Copyright 2002 The American Institute of Architects. All rights reserved.

 
Reference

This article is the second in a series of four presenting various aspects of the new EF 3.0 PLUS Contract Documents.

The first article discussed the key improvements and 11 new or revised documents now part of EF 3.0 PLUS.

The latest upgrade to the EF software—EF 3.0 PLUS—adds 11 new or revised documents and marked improvements in software functionality. Currently licensed users of the EF 3.0 version of the software can download this free upgrade now from the AIA Web site. (The general release of this new software will be later this month.)

The Flywheel Group (previously known as Web Advocacy Group), Washington, D.C., is a consultant to the AIA on the contract documents electronic format.

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