Understanding the top three AIA owner/contractor provisions

September 21, 2020
2:00 pm -3:00 pm ET


AIA Contract Documents

Three important provisions in the AIA’s Owner/Contractor agreements and performance bond are the “Change in the Work” clause, the “Differing Site Conditions” clause, and the “Surety Takeover” provision.

Join this free webinar where we will discuss each in detail, explain the rationale behind them, and how they are structured within AIA’s set of owner-contractor agreements. Attendees will better understand and confidently navigate these provisions. Lastly, the presenter will describe the "Surety Takeover" provision within the AIA’s A312™️-2010, Performance Bond and describe some common scenarios which would cause that provision to be triggered.

Attendees will:

  • Learn the framework and rationale behind the “Change in the Work” clause of the owner/contractor agreements.
  • Grasp the framework and rationale behind the “Differing Site Conditions” clause of the owner/contractor agreements.
  • Understand the “Surety Takeover” provision of the A312-2010, Performance Bond.
  • Gain tips on how to navigate the AIA Contract Documents software and how to learn more about the documents.


James Germano, Esq., AIA Contract Documents

James (“Jimmy”) Germano, Esq. is a Manager and Counsel on the AIA Contract Documents team at the American Institute of Architects in Washington, D.C. Jimmy works with the Documents Committee to review and revise the substance of the AIA Contract Documents and associated material. Jimmy received his undergraduate degree from Cornell University, where he was a Division I athlete, and his law degree from the Columbus School of Law at the Catholic University of America. Prior to joining the AIA, he served as a judicial law clerk in the Circuit Court for Montgomery County, Maryland and then practiced law for six years as a general litigation and construction attorney in the Washington, D.C. area. During his time in private practice, Jimmy represented design professionals, owners, general contractors, and subcontractors throughout all phases of the construction project, to include contract negotiations, claims, and multiple dispute resolution forums, including State and Federal Courts, administrative agencies, mediation, and arbitration. Jimmy is a member of the bars of Maryland, Virginia, and the District of Columbia.


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