Eighteen months from the date AIA published the document, the license to use the current edition will terminate. This is not a major revision. Sustainable project services can be added as a Supplemental Service under Section 4. This exhibit eliminates the need to have a sustainable project version of each contract document. To make it easier to follow the changes we quote the contract language, put a strike-out line through wording that has been deleted from the Agreement, and underline wording that has been added. Following the quoted text, we provide comments on that provision.
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AIA Document B— is a one-part standard form of agreement between owner and architect for building design and construction contract administration. Services are divided into basic, supplemental and additional services. Basic services are performed in five phases: schematic design, design development, construction documents, procurement, and construction.
Additional Services are services that may arise as the project proceeds. This agreement may be used with a variety of compensation methods, including percentage of the budget for construction cost and stipulated sum. Cover Page. The date represents the date the Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Agreement was originally submitted to the other party, the date authorizing action was taken or the date of actual execution.
Professional services should not be performed prior to the effective date of the Agreement. Parties to this Agreement should be identified using the full legal name under which the Agreement is to be executed, including a designation of the legal status of both parties sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, close or professional], etc.
Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. The proposed Project should be described in sufficient detail to identify 1 the official name or title of the facility, 2 the location of the site, if known, 3 the proposed building usage, and 4 the size, capacity or scope of the Project, if known. The parties should take care to be as explicit and detailed as possible with respect to the relevant Initial Information.
C— does not include a scope of services and must be paired with another document providing a description of the required services. Policies that only permit actual exhaustion are counterproductive to settlement, whereas policies that permit functional exhaustion encourage settlement. The intent of this section is to facilitate settlement by requiring that any excess policies allow for functional exhaustion.
For each Supplemental Service listed, the parties should indicate the party responsible for providing the service in the appropriate column. The AIA publishes standard form scopes of services documents for a number of the Supplemental Services listed in Section 4. The Architect is not responsible for any listed Supplemental Service unless specifically so designated in the Responsibility column of the table.
Article 8 — Claims and Disputes. Other types of dispute resolution include a dispute resolution board or a mini-trial. If the parties do not intend to utilize a stipulated sum method or percentage basis method, Section There are a number of other methods for computing compensation for architectural services.
Four of these methods are time-based, reflecting in different ways the time spent by the Architect on the Project: Multiple of Direct Salary Expense, in which direct salaries of designated personnel are multiplied by a factor representing benefits, overhead, and profit. Multiple of Direct Personnel Expense, in which the salaries plus benefits of designated personnel are multiplied by a factor representing overhead and profit.
Professional Fee Plus Expenses, in which the salaries, benefits, and overhead of designated personnel are the expense and the fee may be a multiplier, percentage or lump sum representing profit. Hourly Billing Rates, in which salaries, benefits, overhead and profit are included in the rate for designated personnel. Square Footage, in which the square footage of the structure is multiplied by a pricing factor.
Unit Cost, in which the number of certain units such as rooms, acres, etc. The AIA makes no recommendation as to the appropriateness of any of these methods of compensation on a particular project, nor does the AIA suggests that the foregoing list includes all methods that are possible, practical or in actual use.
The use of any of the compensation methods described above, singly or in combination with other methods, is a business decision for the Architect and the Owner. Further, the AIA makes no recommendations and has no guidelines or schedules that specify the amount of compensation an architect should be paid.
Sample language is provided below for several of the most widely used methods of compensation. Alternatively, the fee representing profit may be calculated as a multiplier or percentage.
For the purposes of this Agreement, the Principals are: List Principals, such as owners, partners, corporate officers and participating associates. For the purposes of this Agreement, supervisory personnel include: List managerial personnel by name or job title, such as general manager, department head or project manager.
For the purposes of this Agreement, Technical Level I personnel include: List those personnel by name or job title who are highly skilled specialists, such as job captains, senior designers, senior drafters, senior planners, senior specifiers or senior construction administrators. For the purposes of this Agreement, Technical Level II personnel include: List those personnel by name or job title who hold intermediate-level positions relative to Technical Level I, such as professionals awaiting licensure and managers of clerical staff.
For the purposes of this Agreement, Technical Level III and clerical personnel include: List those personnel by name or job title who occupy junior-level positions, such as word processor or office assistant. No sample language is provided for compensation based on square footage, unit cost or royalty. Parties choosing one or more of these methods should craft their own language based on the particulars of the Project.
Insert any modifications to the standard text of the document, if the modifications are not otherwise inserted elsewhere in the document. For more information about modifying the document, refer to the Modifications section of these Instructions. If a statement is not applicable to a particular project, the parties should insert a statement to that effect. No spaces should be left blank. Executing the agreement.
The persons executing AIA Document B— should indicate the capacity in which they are acting i. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws.
Users are encouraged to consult an attorney before completing or modifying a document. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.
There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. Was this helpful?
Instructions: B101™ – 2017, Standard Form of Agreement Between Owner and Architect
AIA B101™ – 2017 Owner-Architect Agreement, What Has Changed Since 2007?