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ARTICLE · 30 APRIL 2025

Avoiding Contract Conflicts: Five Key AIA Provisions To Align With Lease Agreements

Nelson Mullins Riley & Scarborough LLP
Nelson Mullins Riley & Scarborough LLP
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Nelson Mullins Riley & Scarborough LLP

Nelson Mullins Riley & Scarborough LLP

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This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents...

United StatesReal Estate and Construction
Jake Carroll
Jake Carroll
Emily McClendon
Emily McClendon

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual framework governing a project. The previous installment explored how to align AIA terms with construction loan agreements. This edition shifts focus to commercial lease provisions — especially in ground-leased retail, mixed-use, or anchor-tenant developments — that often dictate delivery milestones, risk allocation, and default remedies.

For many developers and owners, the problem starts with timing: lease negotiations conclude well in advance of development commencing, and include detailed construction timelines, force majeure notice periods, and delivery conditions. But, by the time construction counsel is brought in to negotiate the AIA contract with the general contractor, contractual requirements have already been determined. The result? A

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