September 18, 2012

Criteria for Choosing Between ConsensusDOCS and AIA Bond Forms

Presented at PLI's Building Better Construction Contracts Seminar
Deborah S. Griffin | Gina A. Fonte
Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to developing the new forms, an effort that can only be presumed to reflect a wish for an improvement on the status quo ante. In 2009, the AIA began the process of revising its 1984-era bond forms and solicited the support and feedback of members of the construction and surety industries. After completion of this collaborative process, AIA finalized and released its 2010 bond forms. The 2010 AIA bond forms retained much of the language that had already been interpreted by various courts and which had become familiar to users of the forms over the years. However, AIA made some changes to clarify language, to eliminate confusion and to address concerns raised by various stakeholders as examined in this article.

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