---
title: "Flag clauses that depart from the standard-form copy in the file"
url: "https://ailawframework.com/practice/construction-and-infrastructure/flag-non-standard-clauses-against-the-as-4000-as-11000-base-form/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-B6-2-US"
practice_area: "Construction & Infrastructure"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Flag clauses that depart from the standard-form copy in the file

> Set the signed construction contract beside the unamended form copy saved in the file and list each clause whose text differs, quoting both. Do not use a form that is not in the file.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/flag-non-standard-clauses-against-the-as-4000-as-11000-base-form/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Set the signed construction contract beside the unamended form copy saved in the file and list each clause whose text differs, quoting both. Do not use a form that is not in the file. |
| What the lawyer must review | There is no federal statute that adopts a national private-construction form. The comparison is to the copy in the file. On a federal agency construction contract, 40 U.S.C. § 3131 requires performance and payment bonds in the circumstances that section states, and § 3133 lets a person who furnished labor or material and remains unpaid for 90 days after the last of that labor or material sue on the payment bond, with a one-year outer limit and, for a claimant who dealt only with a subcontractor, a written notice within 90 days. 31 U.S.C. § 3905 requires the prime’s subcontract to pay for satisfactory performance within 7 days out of amounts the agency paid, plus an interest-penalty clause. Formal Opinion 512: the lawyer checks every flagged difference before it is described to the client. |
| Written for | United States |
| Applies to | [Flag non-standard clauses against the AS 4000/AS 11000 base form](https://ailawframework.com/practice/construction-and-infrastructure/flag-non-standard-clauses-against-the-as-4000-as-11000-base-form.md) |

## Checking plan

- What the AI does: Set the signed construction contract beside the unamended form copy saved in the file and list each clause whose text differs, quoting both. Do not use a form that is not in the file.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- State mechanic’s-lien and prompt-pay statutes were not opened. Do not apply § 3905 to a private or state job.
- FAR 52.212-4 is a commercial-products clause. It is not the construction general-conditions form.
- A form published by a private body is used only from the copy in the file. No such text was transcribed here.

## Sources

- [40 U.S.C. § 3133, Miller Act rights of persons furnishing labor or material](https://www.law.cornell.edu/uscode/text/40/3133) (checked 2026-10-22)
- [31 U.S.C. § 3905, payment provisions relating to construction contracts](https://www.law.cornell.edu/uscode/text/31/3905) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*