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Glossary

AIA A133

AIA A133-2019 is a Contract published by AIA Contract Docs and provides a Standard Form of Agreement Between Owner and Construction Manager as Constructor

Topic: 
Date posted: 
April 11, 2024
Date updated: 
April 11, 2024

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What is AIA A133?

AIA A133-2019 is a Contract titled "Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price". AIA A133-2019 is is a contractual document published by the American Institute of Architects (AIA).

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AIA A133-2019 document is designed for use in construction projects where the construction manager (CM) acts in the capacity of the constructor (also known as the general contractor), engaging directly with subcontractors to complete the construction while also providing management services to the project owner.

Key features and aspects of AIA A133-2019 include:

  • Construction Manager as Constructor: This contract formulates a relationship where the CM is responsible not just for managing the project but also for its construction, combining the roles of construction manager and general contractor.
  • Guaranteed Maximum Price (GMP): The contract establishes a GMP, which is the maximum amount the owner will pay for the completion of the project. The GMP is based on the cost of work plus the CM's fee and includes contingencies for unforeseen expenses. If the project costs exceed the GMP due to the CM's fault, the CM is typically responsible for the excess costs.
  • Cost of the Work Plus a Fee: The CM is compensated for the actual cost of work (which includes labor, materials, equipment, and services purchased directly for the project), plus a fee that is negotiated upfront. The fee can be a fixed amount, a percentage of the cost, or a combination of both.
  • Risk Sharing: The contract outlines mechanisms for sharing risks between the owner and the CM, with provisions for managing changes in the scope of work, unforeseen conditions, or other risks that may impact project costs.
  • Incentive Clauses: AIA A133-2019 may include incentive clauses that allow the CM to share in the savings if the project is completed below the GMP, encouraging efficient management and cost-saving measures.
  • Comprehensive Scope and Responsibilities: The document details the scope of services to be provided by the CM, including pre-construction services, project scheduling, cost estimation, subcontractor procurement, construction oversight, quality control, and compliance with safety regulations.
  • Integrated Project Delivery: While AIA A133-2019 can be used in traditional project delivery methods, its structure also supports a more collaborative approach, encouraging the integration of project teams and early involvement of key participants.
  • Amendments and Supplementary Conditions: The standard contract can be modified through amendments and supplementary conditions to address project-specific requirements, legal considerations, or owner preferences.

AIA A133-2019 is part of the AIA's family of contract documents and protected by copyright so you should buy a copy here.

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