Originally posted Friday, 10 February 2012
Written by John Sier
The Indiana Court of Appeals in Plainfield v. Paden Engineering (February 25, 2011) ruled, among other things, that an Owner cannot terminate a constructor under the AIA documents without a certification from the architect that cause exists. The certification described in Article 14 of the A201 is a condition precedent that nullified the attempted termination; the lack of the certification caused the Owner to be in breach. This is a drafting issue for Owners who use the AIA A201 General Conditions. The ConsensusDOCS forms do not have a similar certification requirement.