The Real Estate Construction Committee (the committee) of the New York State Bar Association Real Property Law Section recently published an owner-oriented form rider (the owner’s rider) for use with The American Institute of Architects (AIA) Form A107-2007, titled Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope (the AIA Form A107). The owner’s rider, together with commentary and relevant exhibits, is available to members of the New York State Bar Association through its website (www.nysba.org/construction).1

The owner’s rider was prepared in response to concerns expressed by many attorneys that AIA forms contain inherent biases in favor of architects and contractors. In view of this, the committee saw a need for the development of the owner’s rider in order to lessen the bias in AIA Form A107 (commonly used in smaller construction projects) as well as to make the review process more efficient and cost effective, close some gaps in AIA Form A107, and address certain issues in a manner that more realistically reflects common practice. While the owner’s rider addresses many aspects of AIA Form A1072 we will discuss but a few in order to present some of the more significant modifications.

Issues of Cost

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