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The American Institute of Architects (AIA) has published two new standard form documents that facilitate the transmittal of digital data. The new AIA documents are C106-2007, Digital Data Licensing Agreement, and E201-2007, Digital Data Protocol Exhibit. Together they allow parties to the design and construction process to share digital data according to negotiated conventions on format and transmission and rules on appropriate use.
The line between design and construction continues to blur as integrated practice develops. Parties to the design and construction process must be able to transmit data without fear of the inappropriate use of the information. Those who receive data must be able to rely on it with confidence that it does not infringe on ownership rights or confidentiality requirements. In the past, the electronic transfer of project information was limited by reliance on “hard copy” plans and specifications as being the legally controlling form of information. Electronic transfers usually were accompanied by conditions and disclaimers limiting reliance on the information.
The AIA Digital Data Protocol Exhibit
The E201-2007 is not an agreement and does not stand alone; rather, it is intended to be an exhibit to an existing agreement for design services or construction. It can be incorporated by reference into agreements to establish the procedures for the transmission or exchange of digital data on the project. While the E201-2007 does not create a license to use digital data, it may be used to modify the license in the agreement into which it is incorporated. It includes a project protocol table that allows the parties to establish protocols on the format of the data, the transmission method, and permitted uses for the transfer and use of data by all parties on the project. E201 applies to all parties involved in a project because it requires the parties to incorporate the exhibit by reference into any other agreement for services or construction. By using the AIA contract documents software, the protocol table can be customized to meet the needs of each project.
The AIA Digital Data Licensing Agreement
If a standard AIA owner-architect agreement or set of general conditions are used on a project, it is not necessary to also use C106-2007 since those documents establish the necessary chain of licenses to make the use of design information available to all parties. C106-2007 can be used, however, when there is a need to send digital data to someone for use on a project and no existing agreement with the person covers use of that data.
Although these digital data standard forms are integrated into the AIA contract documents system, they also are available in printed form. C106-2007 costs $8, and E201-2007 is available in quantities of five or more for $6. More information on these tools to enable digital practice is available at www.aia.org/documents.
AIA Documents Now Available Online
The American Institute of Architects has created a new website that allows customers to purchase individual documents and print them immediately. The site makes the contract forms most often used in construction readily accessible. The available documents include:
- A101-1997, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum
- A201-1997, General Conditions of the Contract for Construction
- G701-2001, Change Order Instructions
- G701/CMa-1992, Change Order, Construction Manager-Adviser
- G702-1992, Application and Certificate for Payment
- G702/CMa-1992, Application and Certificate for Payment, Construction Manager-Adviser
- G703-1992, Continuation Sheet
- G704-2000, Certificate of Substantial Completion
- G706-1994, Contractor’s Affidavit of Payment of Debts and Claims
- G706A-1994, Contractor’s Affidavit of Release of Liens
Although these are the most often used construction-related documents and forms, the online source will be expanded in the near future to include other documents, including professional service agreements.
Customers do not download blank copies of the agreements and forms. Limited project-specific information must be provided so that the documents can only be used on a specific project. The documents can then be printed and completed as any other paper documents would be.
Documents are available at http://aiadocsondemand.ihs.com.
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