My correspondence with AIA Doc's has continued, and I believe we have reached an impass. Please read the correspondence below, and if you believe as I do that AIA Doc's has not offered a compelling reason to not create an AIA Standard Assignment of Architect's Contract document, then please contact them at
docinfo@aia.org and let them know you agree with me. I've laid out my response below.
Susan Van Bell responded today:
Dear Mr. LaVardera,
Thank you for your e-mail. We are always interested in suggestions from our users with respect to how we might improve our documents as well as suggestions for new documents for development. In this instance, we have responded to both of your suggestions: to develop a standard from consent document or to provide assistance with amending B105 to include the appropriate language. It appears that you are satisfied with our response to the latter issue. With respect to the suggestion to develop a new document, please see the highlighted language below for the reasons we have provided as to why we do not think it is feasible to develop a document for this specific purpose.
Sincerely,
Susan Van Bell
"As for the suggestion that the AIA develop a standard form consent agreement, we do not believe that such a standard form would be feasible. Among other things lending laws and requirements for assignment vary from jurisdiction to jurisdiction. Additionally, even if we developed a balanced form, it is unlikely that the lenders would use it in lieu of their manuscript document."
To which I replied:
Thank you Susan for writing directly. However the arguments you presented in your highlight simply don't satisfy me.
Because:
First the language you offer in B101 and in other locations you note is also general, and is used in a variety of states under different laws and conditions. This does not seem to be a problem with that clause. I doubt it would be a problem with a freestanding document. So I don't think that issues from jurisdiction to jurisdiction is a valid reason to not create a freestanding document.
And additionally, the idea is to present a unified response against these unfair proposals. Whether or not the bank will accept or sign it is frankly immaterial. A freestanding document would give us a unified response to such aggressive proposals, and would serve as a starting point in each case for the architect to negotiate agreeable terms, as is the case with any model agreement document, such as the entire body of AIA docs. The outcome, such as my case, may be that the bank does not agree to sign it, and if they wish to make the loan must proceed with out an assignment of architects contract if they refuse. That is certainly an acceptable outcome of presenting such a document. If the bank refuses, and cancels the loan on my client, then I've made a good faith effort to reach terms with the bank, and I've not exposed myself to liability with my client. Without such a standard document every architect everywhere in the country must recreate this effort under pressure. Some will do fine, some may make horrible mistakes. The situation can be much improved with a standard AIA doc. The legal work is done. The distribution method is in place. Nothing need be printed. This is an easy solution to create.
So pardon me for saying, I don't think you have made a compelling argument against producing such a freestanding document.
Greg
So if you agree with me, please drop a quick note to
docinfo@aia.org and tell them that you have reviewed this discussion and you believe that AIA Doc's should develop an AIA Standard Assignment of Architect's Contract document.-------------------------------------------
Gregory La Vardera
Architect
Gregory La Vardera Architect
Merchantville NJ
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