AIA Contract Documents New Facility Maintenance Agreements
By AIA Contract Documents
April 1, 2023
The facilities maintenance documents are designed to address the business conditions and legal environment of facilities maintenance. The documents are intended to be used when a client hires a contractor to perform any building repair, maintenance, or improvement, and are further described below.
Maintenance Work Types
The facilities maintenance documents involve two distinct types of maintenance work: a) as-needed services; b) and ongoing services.
As-Needed Services. Agreements for as-needed services will generally include work associated with discrete building repair or simple building improvements (e.g., roof repairs, façade painting, parking lot striping, HVAC repairs, small building projects).
Ongoing Services. Agreements for ongoing services will generally include work associated with repetitive maintenance needs regularly performed as part of a building’s upkeep (e.g., HVAC maintenance, cleaning services, lawn care, and snow removal).
Additionally, the anticipated services contemplated by the facilities maintenance documents are simple and designed to accommodate smaller projects. Because the forms are highly abbreviated, users should evaluate the size and complexity of their project to ensure that the facilities maintenance documents meet their needs. To the extent a project is complex in nature and requires a more traditional contracting approach, other families of AIA Contract Documents may be appropriate.
The facilities maintenance agreements include two different contracting methods: a) a master agreement; and b) a stand-alone agreement.
Master Agreement Method. The F101–2023 Master Maintenance Agreement is intended for use when the scope of the maintenance work will subsequently be defined through one or more work orders. This contracting method allows for multiple scopes of maintenance work to be issued quickly to a contractor without renegotiating the underlying terms and conditions of the master agreement. Master agreements may be used where a contractor performs services on several different properties, or where a contractor’s services will be phased according to location or a completion schedule.
The F101 provides common terms and conditions that will be applicable to each work order. These common terms include the general roles and responsibilities of the parties, how payments will be made, general insurance terms, and termination.
Work Orders. The F101 is coordinated for use with either the F201-2023, Work Order for As Needed Maintenance Work or the F201–2023 Work Order for As-Needed Maintenance Work. Each work order will provide information about the scope of work, schedule, compensation, and any special considerations associated with the work, such as payment terms or insurance requirements that are different from the master agreement.
Under the new facilities maintenance documents, use of the F101 and a work order creates a work order contract that includes the terms and scope of the maintenance work and requires the contractor to perform the maintenance work.
The facility maintenance documents are accompanied by a set of supporting documents, which are compatible with both types of contracting methods.
F701–2023 Amendment to a Maintenance Agreement or Work Order Contract . This document is used for implementing changes to the parties’ agreement or scope of work. By executing the F701, the parties agree upon all terms of the change, including any modifications to the contractor’s compensation and schedule. This form allows for the signatures of the client and contractor, and for a description of the change.
F702–2023 Invoice for Maintenance Work.. This document is used by the contractor to submit invoices to the client. The F702 includes fill points that identify the underlying agreement, describe the Maintenance Work performed, identify where payment should be sent, and describe any supporting documentation.
F703–2023 Request for Certificate of Insurance. This document is used to request a certificate of insurance. This request may be associated with a previously executed agreement or for when requesting a certificate of insurance for bidding purposes. This form is intended for use by either the client or the contractor.
F704–2023 Status Report for Maintenance Work. This document is used by the Contractor to submit status reports for the maintenance work associated with a work order contract. Section 6.3 of the F101, F102, and F103 provide that the contractor will keep the client reasonably informed of the progress of the maintenance work, including any complaints or incidents related to the maintenance work that may adversely impact the property. The contractor may use F704 to satisfy this requirement.