For a more detailed discussion of the issues raised in this article, please attend the ABA Forum on Construction Laws Annual Meeting in Seattle, Washington in April 2020, during which two interactive plenary sessions will be devoted to construction management under the 2019 AIA Construction Management Contracts. A1342009 employs the cost-plus-a-fee method, wherein the owner can monitor cost through periodic review of a control estimate that is revised as the project proceeds. A2322019/2009, General Conditions, CMa Edition (comparative). B1092010, as a standard form document, cannot address all of the unique risks of condominium construction. Additionally, a fixed price contract may actually best serve the developer's interests and needs, in which case an A101 . The ultimate profit or loss of the joint venture is divided between or among the parties at completion of the project, based on their respective interests. It is intended for use when the Consultants scope of services will subsequently be specified through the use of one or more Service Orders. The Master Agreement plus Work Order contracting method allows multiple scopes of Work to be issued quickly without the necessity to renegotiate the terms and conditions of the Contract. AIA Document B1522007 divides the architects services into eight phases: programming, pre-lease analysis and feasibility, schematic design, design development, contract documents, bidding and quotation, construction contract administration, and FF&E contract administration. G7162004, Request for Information (RFI) NOTE: A5111999 expired in 2009. B1032007 SP, Standard Form of Agreement Between Owner and Architect for a Large or Complex Sustainable Project AIA Documents G7021992, Application and Certificate for Payment, and G7031992, Continuation Sheet, provide convenient and complete forms on which the contractor can apply for payment and the architect can certify that payment is due. The architect of record is responsible for preparation of the construction documents, based on criteria received from the owner in a transfer package, and related design and bidding phase services, and administration of the owner/contractor agreement on a project by project basis. This collaborative process has the potential to result in a high quality project for the owner, and substantial monetary and intangible rewards for the other parties. It is intended for use on medium-to-large sized projects where payment is based on either a stipulated sum or the cost of the work plus a fee, with or without a guaranteed maximum price. A3102010, Bid Bond The standard form AIA Document G7031992, Continuation Sheet, is appropriate for use with G7322009. It is coordinated with AIA Document C1712013, an owner/program manager agreement, where the program manager is an independent adviser to the owner throughout the course of the program. AIA Document B2092007 establishes duties and responsibilities when an architect provides only construction phase services and the owner has retained another architect for design services. NOTE: B1551993 expired in 2009. AIA Document B1432004 expires on December 31, 2015, and is replaced AIA Document B1432014. Additionally, all warranties and other items that traditionally begin to run at substantial completion will begin on the Project Substantial Completion Date, rather than the substantial completion date for the Contractors Work. C102 provides that one party will serve as the team manager, and that the team manager will enter into separate teaming agreements with each of the team members. G7322009 (formerly G702CMa1992), Application and Certificate for Payment, Construction Manager as Adviser Edition A133-2019 is drafted to be used in conjunction with a new Insurance and Bonds Exhibit (Exhibit B) which is a critical part of the agreement, and should be discussed with legal and insurance counsel. The provisions contained in these Modifications shall supersede any conflicting provisions of the AIA Document. B1042007, Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope A2322009 SP is adopted by reference in owner/architect, owner/contractor, and owner/construction manager agreements in the CMa family Sustainable Projects documents. A1332009 SP, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, for use on a Sustainable Project B1032007 is intended to be used in conjunction with AIA Document A2012007, General Conditions of the Contract for Construction, which it incorporates by reference. AIA Document A3122010 incorporates two bondsone covering the contractors performance, and the other covering the contractors obligations to pay subcontractors and others for material and labor. The program managers basic services primarily relate to overseeing the development and implementation of the owners program and include creating a program management plan to describe the scope of the program and related requirements; managing program related information across the multiple projects in the program; developing a program-wide budget and schedule; and establishing quality control guidelines. B2012007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. B2062007, Standard Form of Architects Services: Security Evaluation and Planning This document establishes definitions for methods of calculating the architectural area and volume of buildings. B2032007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. AIA Document B2102007 focuses attention on providing the owner with means and measures to ensure the proper function and maintenance of the building and site after final completion. AIA forms also restrict withholding rights to "repeated" failures of the contractor to carry out its work in accordance with the contract, among other situations, but do not include withholding rights for any other breach of the contract. AIA Document G6122001 is a questionnaire, drafted to elicit information from the owner regarding the nature of the construction contract. AIA Document A1332009 SP is coordinated for use with AIA Documents A2012007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, and B1032007 SP, Standard Form of Agreement Between Owner and Architect for a Large or Complex Sustainable Project. AIA Document B1042007 contains a compressed form of basic services with three phases: design development, Construction documents, and construction. It is coordinated with AIA Document C1322009, an owner/construction manager as adviser agreement, where the construction manager is an independent adviser to the owner throughout the course of the project. The most common AIA documents between the owner and the CM are the A133 and C132. A295 requires that the parties utilize building information modeling. Please first select the number of users to proceed. All of the CMa documents contemplate the establishment of a single capital Substantial capital Completion date and the issuance of a single Certificate of Substantial Completion for the entire Project; however, they acknowledge that the work of each of the Contractors may be substantially complete at different times during the Project. AIA Document G701S2001 modifies AIA Document G7012001 for use by subcontractors. AIA Document C1992010 is intended for use on a project where the parties have formed the SPE utilizing AIA Document C1952008, Standard Form Single Purpose Entity Agreement for Integrated Project Delivery. A113 does not include design phases or construction administration services provided by a third-party architect. AIA Document B1622002 is an abbreviated version of AIA Document B1612002, Standard Form of Agreement between Client and Consultant. It may be used on projects with a stipulated sum; cost of the work plus a fee, with or without a guaranteed maximum price; or other payment method determined by the parties. B5032007 (formerly B5112001), Guide for Amendments to AIA Owner-Architect Agreements It is intended for use when the Owner and Contractor have entered into a Master Agreement setting forth the common terms and conditions applicable to all Work Orders. A101 is suitable for large or complex projects. AIA Document G8102001 allows for the orderly flow of information between parties involved in the design and construction phase of a project. AIA Document A2322009 sets forth the rights, responsibilities, and relationships of the owner, contractor, construction manager and architect. G202 defines the extent to which model users may rely on model content, clarifies model ownership, and sets forth building information modeling standards and file formats. A2012007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project A133-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. AIA Document G714CMa1992 serves the same purpose as AIA Document G7142007, except that this document expands responsibility for signing construction change directives to include both the architect and the construction manager. AIA Document B2052007 establishes duties and responsibilities where the architect provides services for projects that are historically sensitive. B2022009, Standard Form of Architects Services: Programming (1) Expansion of the Preconstruction Phase Services
With both documents, the AIA opted for straightforward fill-in-the-blanks, as opposed to the previous open-ended approach. C106 allows one party to (1) grant another party a limited non-exclusive license to use digital data on a specific project, (2) set forth procedures for transmitting the digital data, and (3) place restrictions on the license granted. The contractor may also be required to furnish a lien bond or indemnity bond to protect the owner with respect to each exception. The form allows tracking by bidder of documents issued, deposits received, and documents and deposits returned. Its purpose is to document the agreed upon protocols and procedures that will govern the transmission, use and exchange of digital data on a project, such as electronic project communications, submittals, contract documents and payment documents. To design and construct the project, the company enters into separate agreements with the architect, construction manager, other non-owner members, and with non-member consultants and contractors. Part B naturally follows after selection of the general conditions because insurance and bonding information is dependent upon the type of general conditions chosen. This is a standard form for use when a surety company is involved and the owner/contractor agreement contains a clause whereby retainage is reduced during the course of the construction project. C172-2014 also contains cost estimating and construction administration services that the parties may select as additional services. AIA Document B2072008 establishes the architects scope of services when the architect provides an on-site project representative during the construction phase. B2112007, Standard Form of Architects Services: Commissioning AIA Document B1042007 is a standard form of agreement between owner and architect intended for use on medium-sized projects. The compensation model is also goal-oriented, and provides incentives for collaboration in design and construction of the project. A2952008, General Conditions of the Contract for Integrated Project Delivery G704DB2004, Acknowledgement of Substantial Completion of a Design-Build Project AIA Document A1022007 is not intended for use in competitive bidding. C1962008, Standard Form of Agreement Between Single Purpose Entity and Owner for Integrated Project Delivery AIA Document C1322009 is not coordinated with, and should not be used with, documents where the construction manager acts as the constructor for the project, such as in AIA Document A1332009 or A1342009. G6122001, Owners Instructions to the Architect Its use can expedite payment and reduce the possibility of error. Prior to entering into this agreement, any person or entity that wishes to act as the design-builder should consult with its legal counsel and insurance advisers. 54 0 obj
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AIA Document B1062010 is a standard form of agreement between owner and architect for building design, construction contract administration, or other professional services provided on a pro bono basis. After establishment of the design standards, the design manager performs schematic design and design development architectural services for each project in the program in order to develop a transfer package that the owner can provide to the architect(s) of record for each project in the program. Also, since it is assumed that the U.S. architect is not licensed to practice architecture in the foreign country where the project is located, the term consultant is used throughout the document to refer to the U.S. architect. AIA Document A2512007 provides general conditions for the AIA Document A1512007, Standard Form Agreement between Owner and Vendor for Furniture, Furnishings and Equipment where the basis of payment is a Stipulated Sum. By swiftly adapting to updates to the American Institute of Architects ("AIA"), some contractors have the ability to reap the benefits of embracing change. AIA Document B1082009 is a standard form of agreement between Owner and Architect for building design and construction contract administration that is intended for use on federally funded or federally insured projects. Questions? C4212014, Standard Form of Master Agreement Between Architect and Consultant for Services provided under multiple Service Orders Those agreements provide primarily only business terms and rely upon A2952008 for the architects services, the contractors pre-construction services, and the conditions of construction. C4412014 was written to ensure consistency with AIA Document B1432014, Standard Form of Agreement Between Design-Builder and Architect, and with other documents in the AIA 2014 Design-Build family of documents. AIA Document A1032007 is not intended for use in competitive bidding. C1952008, Standard Form Single Purpose Entity Agreement for Integrated Project Delivery AIA Document G7101992 should not be used to change the contract sum or contract time. A101 adopts by reference, and is designed for use with, AIA Document A2012007, General Conditions of the Contract for Construction. AIA Document B2072008 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. NOTE: B621INT2002 expired in 2009. NOTE: B171ID2003 expired in 2009. Basic services are based on five phases: schematic design, design development, construction documents, bidding or negotiation, and construction. The form asks the requesting party to list the relevant drawing, specification or submittal reviewed in attempting to find the information. B2062007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. AIA Document B1012007 is a one-part standard form of agreement between owner and architect for building design and construction contract administration. AIA Document B1072010 is intended for use in situations where the architect will provide limited architectural services in connection with a single family residential project. AIA Document C1322009 provides the agreement between the owner and the construction manager, a single entity who is separate and independent from the architect and the contractor, and who acts solely as an adviser (CMa) to the owner throughout the course of the project. B2212014 is not a stand-alone agreement and must be used in conjunction with a Master Agreement. AIA Document G702S1992 modifies AIA Document G7021992 for use by subcontractors. C1972008, Standard Form of Agreement Between Single Purpose Entity and Non-Owner Member for Integrated Project Delivery AIA Document A1422004 expires on December 31, 2015, and is replaced AIA Document A1422014. NOTE: G723CMa1992 expired in 2010. 4 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction AIA Document G7092001 provides a clear and concise means of initiating the process for changes in the work. B1322019/2009, O/A Agreement, CMa Edition (side-by-side comparison), C1322019/2009, O/CMa Agreement (side-by-side comparison), Construction Manager as Constructor (CMc). NOTE: B801CMa1992 expired in 2010. The owner should consult local authorities or an attorney to verify requirements applicable to this agreement. The new documents incorporate evolving trends identified by industry participants and liaisons, as well as the 2017 updates to the AIAs flagship design-bid-build documents. Meet Tamara Harrington Forums Associate Director! AIA Documents G7422015, Application and Certificate for Payment for a Design-Build Project, and G7432015, Continuation Sheet for a Design-Build Project, provide convenient and complete forms on which the design-builder can apply for payment and the owner can certify the amount due. B2532007, Standard Form of Architects Services: Furniture, Furnishings and Equipment Design B1532007 (formerly B175ID2003), Standard Form of Agreement Between Owner and Architect for Furniture, Furnishings and Equipment Design Services G7442014, Certificate of Substantial Completion for a Design-Build Project AIA Document B2062007 may be used in two ways: (1) incorporated into the owner/architect agreement as the architects sole scope of services or in conjunction with other scope of services documents, or (2) attached to AIA Document G8022007, Amendment to the Professional Services Agreement, to create a modification to an existing owner/architect agreement. NOTE: B1062010 is available in AIA Contract Documents software, but not in paper. AIA Document B1722013 provides the agreement between the owner and the architect of record, an entity who is separate and independent from the program manager and design manager, and who acts as a project specific architect. D2001995, Project Checklist AIA Document G704CMa1992 serves the same purpose as AIA Document G7042000, except that this document expands responsibility for certification of substantial completion to include both the architect and the construction manager. Typically, this results in the CMR contractor providing a variety of pre-construction and construction management services during the design phase, including cost estimating, design and constructability reviews, material and equipment selection, life cycle analysis, value engineering, preparation of bid packages, scheduling, and cost control. G703S1992, Continuation Sheet, Subcontractor Variation AIA Document G7042000 is a standard form for recording the date of substantial completion of the work or a designated portion thereof. This contract is used on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for . It is intended for use when the Architect and Consultant have entered into a Master Agreement setting forth the common terms and conditions applicable to all Service Orders. Parties using AIA Document A1072007 will also use A107 Exhibit A, if using a cost-plus payment method. AIA Document G704DB2004 expires on December 31, 2015, and is replaced AIA Document G7442014. B195 does not include the specific scope of the architects services; rather, it incorporates by reference AIA Document A2952008, General Conditions of the Contract for Integrated Project Delivery, which sets forth the architects duties and scope of services for each of the six phases of the project, along with the duties and obligations of the owner and contractor. Users should exercise independent judgment and may require the advice of legal counsel on deciding which documents are appropriate for a particular project. In addition to traditional compensation for services, C1982010 allows for the consultant to receive additional profit through incentive compensation and goal achievement compensation. AIA Contract Documents are divided into six alphanumeric series by document use or purpose. B1022007 (formerly B1411997 Part 1), Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architects Services AIA Document B1012007 SP is a one-part standard form of agreement between owner and architect for sustainable building design and construction contract administration. For that purpose, the agreement includes a guaranteed maximum price amendment at Exhibit A. A2012007, General Conditions of the Contract for Construction The Master Agreement plus Work Order contracting method allows multiple scopes of Work to be issued quickly without the necessity to renegotiate the terms and conditions of the Contract. The agreement divides the construction managers services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. AIA Document G2022013 is a form that is coordinated for use with AIA Document E2032013, Building Information Modeling and Digital Data Protocol Exhibit. B1052007 (formerly B1551993), Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project At the conclusion of the design phase, the owner determines whether to negotiate a Guaranteed Maximum Price (GMP) for the Construction Phase by executing a GMP Amendment (Exhibit A) or to use the completed design as the basis of further bidding to other construction managers. AIA Document A1012007 SP is a standard form of agreement between owner and contractor for use on sustainable projects where the basis of payment is a stipulated sum (fixed price). G7362009 (formerly G722CMa1992), Project Application and Project Certificate for Payment, Construction Manager as Adviser Edition G6011994, Request for ProposalLand Survey In addition to the contractor and the architect, a construction manager assists the owner in an advisory capacity during design and construction. B2012007 (formerly B1411997 Part 2), Standard Form of Architects Services: Design and Construction Contract Administration Though not a party to the contract for construction between owner and contractor, the architect participates in the preparation of the contract documents and performs construction phase duties and responsibilities described in detail in the general conditions. The division of compensation method assumes that services provided and the compensation received will be divided among the parties in the proportions agreed to at the outset of the project. The contractor is required to list any exceptions to the sworn statement provided in G706A1994, and may be required to furnish to the owner a lien bond or indemnity bond to protect the owner with respect to such exceptions. B1612002 (formerly B611INT2002), Standard Form of Agreement Between Client and Consultant for use where the Project is located outside the United States A1012007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Although, the new liquidated damages fill point in A.2.3.3 reminds users that the Substantial Completion dates of the phases are not to be taken lightly. The term "Agency," as used in these Modifications, shall mean the United States of America, acting through the United States Department of Agriculture. AIA Document B2042007 establishes duties and responsibilities when the owner has employed a Value Analysis Consultant. 2023 AIA Contract Documents. A2212014 is not a stand-alone agreement and must be used in conjunction with a Master Agreement. / AIA Document A133 - 2009 (formerly A121CMc - 2003). Using AIA Document A3051986, the contractor may provide a sworn, notarized statement and appropriate attachments to elaborate on important aspects of the contractors qualifications. This integrated set of documents is appropriate for use on projects where the program manager only serves in the capacity of an adviser to the owner. The division of profit and loss method is based on each party performing work and billing the joint venture at cost plus a nominal amount for overhead. One clause that may frequently be overlooked is the Waiver of Subrogation provision. AIA Document B2142012, Scope of Architects Services: LEED Certification, establishes duties and responsibilities when the owner seeks certification from the U.S. Green Building Councils Leadership in Energy and Environmental Design (LEED) program. C421-2014 provides only the common terms and conditions that will be applicable to each Service Order and may incorporate by reference a preexisting owner-architect agreement known as the Prime Agreement. B253 was revised in 2007 to align, as applicable, with AIA Document B1012007. NOTE: G702CMa1992 expired in 2010. Exhibit A provides a menu of briefly described services that the parties can select and augment to suit the needs of the project. A133-2009 replaces AIA Document A121CMc -2003 (expired May 31, 2010). NOTE: A275ID2003 expired in 2009. Thereafter, the Construction Manager constructs the Project on a Cost of the Work Plus a Fee basis, either with or without a Guaranteed Maximum Price, and the Architect provides Contract administration services during the construction phase. The Construction Manager as Adviser plays a critical role in assisting the Owner and Architect in establishing the Sustainable Objective and Sustainable Measures for the project. AIA Document C4212014 is a Master Agreement Between the Architect and Consultant. The Master Agreement plus Service Order contracting method allows multiple scopes of services to be issued quickly without the necessity to renegotiate the terms and conditions of the Service Agreements. AIA Documents A1052007 and B1052007, Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project, comprise the Small Projects family of documents. The attached worksheet, AIA Document G808A2001, Construction Classification Worksheet, can be used to supplement the G8082001. It provides model language with explanatory notes to assist users in adapting AIA Document A2012007 to specific circumstances. NOTE: C1411997 expired in 2009. 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