ABSTRACT
Contractual template documents enable diverse players within an industry to transact with one another in an efficient and equitable manner. In this article, we evaluate the template agreements that have evolved in the US design and building construction sector over the past 150 years, with the goal of identifying the features of contractual document standardization that best serve the needs of large and small actors within this dynamic industry. In particular, we focus on the standardized contractual document templates produced by the American Institute of Architects (AIA) since the mid-19th century. Despite a century of widespread usage, tension emerged in the 1970s, as groups such as the Associated General Contractors of America (AGC) claimed that the AIA’s contracts unduly favored architects in their allocation of responsibility and liability. Today, AIA and ConsensusDOCS contractual templates compete in the market along with a number of more specialized documents. Competing contractual templates raise important questions regarding industry representation. Can a single stakeholder group such as architects adequately represent the interests of a diverse group of industry stakeholders in a fair and balanced manner? Can a sector align behind a single set of guiding principles, such as contractual allocations of responsibility and liability? And what are the implications if consensus cannot be achieved?
Hancock, Liane and Contreras, Jorge L, Who Speaks For an Industry? Codifying Professional Roles In The Design And Building Construction Sector Through Contracts (February 7, 2026).
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