AIA vs ConsensusDocs: how the two contract families allocate risk
AIA A201 and ConsensusDocs 200 are the two most used general conditions in US commercial construction. AIA documents put the architect at the center, including as the default initial decision maker on claims. ConsensusDocs, written by a coalition of industry associations led by AGC, removes that role, makes indemnity mutual and pays for owner-caused delay.
This guide is general information, not legal advice. Statutes and cases are cited as checked on 2026-10-21; have counsel confirm how they apply to your contract and state.
How do AIA A201 and ConsensusDocs 200 compare clause by clause?
Section numbers are from AIA A201-2017 (with A101-2017 for LDs) and the ConsensusDocs 200 text revised in 2014. Owners often edit either form, so check the edition and the supplementary conditions in front of you.
| Topic | AIA A201-2017 | ConsensusDocs 200 |
|---|---|---|
| Indemnity | 3.18.1: contractor indemnifies owner and architect for bodily injury and property damage, only to the extent caused by the contractor's side. One-way. | 10.1.1 and 10.1.2: same limited form, and the owner indemnifies the constructor in return. |
| Who decides claims first | 15.2.1: the architect is the Initial Decision Maker unless the agreement names someone else. | Article 12: direct discussions between the parties (12.2), then mediation and binding resolution. No architect step. |
| Delay | 8.3.1: time extension for owner acts, changes, weather and other causes. 8.3.3: does not preclude delay damages under other provisions. | 6.3.1: time extension. 6.3.2: equitable adjustment in price for owner-caused and similar delays, subject to 6.6. |
| Liquidated damages | Not in A201. A101-2017 3.3.3 and 4.5. | 6.5, optional. |
| Consequential damages | 15.1.7: mutual waiver; LDs preserved. | 6.6: limited mutual waiver; excludes agreed LDs and insured losses. |
| Concealed conditions | 3.7.4 | 3.16.2 |
| Directed changes | 7.3: Construction Change Directive. | 8.2.1: owner may issue a CCD before price or time is agreed. |
| Termination for convenience | 14.4.3: work properly executed, termination costs, and the termination fee in the agreement, if any. | 11.4.2: work performed including overhead and profit, plus demobilization and termination costs; no profit on work not performed. |
| Paying subs | 9.6.2: within seven days after the contractor is paid. | Article 9 progress payments; sub terms in ConsensusDocs 750. |
| Subcontract form | A401-2017 | ConsensusDocs 750 |
Which form is better for the contractor?
On the base text, ConsensusDocs 200: mutual indemnity, cost recovery for owner-caused delay (6.3.2) and no architect gatekeeper on claims. AIA forms are more familiar to owners, architects and lenders, which can shorten negotiation. The AIA first published standard general conditions in 1911; ConsensusDocs launched in 2007.
Which form fits which project?
- AIA when an architect leads design-bid-build, certifies payment and the owner's team knows the forms.
- ConsensusDocs when the owner wants a balanced baseline, or on design-build, CMAR and collaborative delivery where the architect is not the referee.
What gets missed in practice?
The supplementary conditions. A common pattern is an A201 base whose supplementary conditions widen 3.18 toward broad-form indemnity, narrow 8.3.1 time extensions and add a pay-if-paid clause for subs. At that point the base form no longer describes the deal. Dora reads the base form and the supplementary conditions together, compares the result with the A201 and ConsensusDocs text, and cites every deviation to its clause and page.
Frequently asked questions
What is AIA A201?
The General Conditions of the Contract for Construction published by the American Institute of Architects, current edition 2017. It pairs with agreements such as A101 and A102 and with the A401 subcontract.
What is ConsensusDocs 200?
The Standard Agreement and General Conditions Between Owner and Constructor (lump sum) from ConsensusDocs, a coalition of construction industry associations led by AGC. ConsensusDocs 750 is its subcontract.
Can the owner change either form?
Yes. Owners edit both through supplementary conditions or by marking up the form. Always read the base form and the modifications together.
Do both forms waive consequential damages?
Yes. A201-2017 15.1.7 and ConsensusDocs 200 6.6 both contain mutual waivers, and both preserve agreed liquidated damages.
Where is the indemnity clause in each form?
AIA A201-2017 Section 3.18 and ConsensusDocs 200 Section 10.1. The ConsensusDocs version adds an owner indemnity running to the constructor.