Perhaps the most significant change to the A201-2017 is the inclusion of a comprehensive insurance exhibit. Prior to the inclusion of the insurance exhibit in the 2017 update, parties to an AIA construction contract would often draft a separate insurance exhibit or rider that was reviewed and approved by their insurance agents. The new standard form insurance exhibit, which becomes Exhibit A to a comprehensive owner-contractor agreement, alleviates the need to create a separate exhibit from scratch.
The new insurance exhibit uses a “check-box” list of insurance requirements that the owner and contractor can use to allocate insurance requirements for the project. Because the insurance provisions are set forth in the standard exhibit, the parties can reduce their reliance on their insurance professionals to negotiate and approve the insurance requirements for a project. The insurance exhibit is used with the 201 and incorporated into any contract using the A101, A102, or A103. It is not incorporated into the simplified A104 or A105.
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W Mason is an partner with the law firm Fox Rothschild LLP. W practices in Fox Rothschild’s Litigation department in West Palm Beach, Florida. W is Board Certified in Construction Law by the Florida Bar Association. W focuses his practice on construction and commercial litigation throughout Florida. You can reach W at (561) 804-4432 or wmason@foxrothschild.com.