Guide to Avoiding Lien Disputes Using the A201®-2017, General Conditions of the Contract for Construction and Commonly Used Forms
November 2, 2023, 2:00 – 3:00 PM ESTRegister
Join us for an informative educational session where Mike Koger, AIA, Esq. and Sara Betancourth, Esq. discuss procedures in the A201-2017 and commonly used forms in AIA Contract Documents’ library that project participants can use to avoid lien-related disputes on construction projects. Presenters will examine, in detail, payment provisions in the A201-2017 with which parties may use to avoid lien-related disputes. Presenters will also examine AIA Contract Documents forms that are commonly used during the payment process, and how these forms help project participants to avoid lien-related disputes. Additionally, presenters will discuss lien waiver forms published by AIA Contract Documents, and how these forms operate on projects. Attendees will walk away with a firm understanding of lien-related requirements under AIA Contract Documents and how to improve payment processes on construction projects.
- Examine the A201-2017 payment provisions that help the parties avoid lien-related disputes. Attendees will learn about the owner’s requirement to furnish the contractor with information necessary to enforce lien rights, the contractor’s obligation to provide the owner with lien releases and waivers in applications for payment, the contractor’s warranty that title to work covered in an application or payment will pass to the owner at the time of payment, and the contractor’s obligation to defend and indemnify the owner from lien claims if payment has been made in full.
- Examine the use and purpose of forms that confirm a contractor has paid its debts on the project and has obtained appropriate lien releases from its subcontractors and suppliers. This will include a detailed examination of AIA Contract Documents G706™-1994, Contractor’s Affidavit of Payment of Debts and Claims and G706A™-1994, Contractor’s Affidavit of Release of Liens.
- Examine the use and purpose of forms used to document a surety’s consent to final payment and consent to reduction in retainage held. This will include a detailed examination of AIA Contract Documents G707™-1994, Consent of Surety to Final Payment and G707A™-1994, Consent of Surety to Reduction in or Partial Release of Retainage.
- Discuss the use and purpose of AIA Contract Documents lien waiver and sworn statement forms, including the use of generic and state-specific versions of such forms.
- Learn about risks associated with nonpayment on a construction project and best practices for mitigating those risks.