Like the recently revised A General Conditions, new revisions to the AIA B, Standard Form of Agreement Between Owner and Architect. Comparison of and AIA contract documents: Key changes in AIA A™ and AIA B™. October 26, This briefing highlights changes to the. The American Institute of Architects (AIA), on April 27, issued the update to the AIA B™ “Standard Form of Agreement Between Owner.

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The parties should be careful to either modify this Section or review the E An unlicensed firm cannot generally meet the state licensing requirements merely by having licensed individuals perform the services. Only written acceptance is deemed adequate to constitute acceptance.

AIA B™ – Owner-Architect Agreement, What Has Changed Since ? | JCJ Insurance

Bthe Standard Form of Agreement Between Owner and Architect, Construction B1001 as Adviser Edition, is similar to B, except that it specifically zia that the owner will retain a construction manager to provide cost estimating, project scheduling, and other services during design.

It has, therefore, been deleted where it used to appear at article This new provision creates an objectively determined date for termination of the Agreement — being one year after Substantial Completion.

The excess policy shall not require the exhaustion of the underlying limits only through the actual payment b10 the underling insurers.

First, they save a great deal of time and effort by eliminating searches for revisions line-by-line, word-for-word. Mark represents Developers, General Contractors, Architects, Engineers, Subcontractors, and Sureties in negotiating contracts and resolving complex construction disputes.

However, the attachment will be useful for providing more detailed requirements specific to the project or contract. The seven-day advance notice requirement, however, is a reasonable compromise that will enable the client to consider what options it may have to legally object to the disclosure.

Iaa Completion, however, is a defined and objective point in time, and that in turn sets the end date for maintaining insurance. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. Bthe Standard Form of Agreement Between Owner iaa Architect for a Complex Project, is similar to B; for example, the basic services of B are performed in the same five phases as those described in the B Sign in to complete account merge.

Once again, the B specifies the services that require additional compensation. Create Janrain Account testing. This new provision addresses that problem.


This removes the affirmative obligation the Architect had to raise and discuss environmentally responsible design approaches with the Owner. Or, if the disclosure is being done pursuant to response to a subpoena, the provision gives the Owner an opportunity to attempt to quash the subpoena. This wording likely anticipates a situation where the architect is indeed licensed to perform architectural services, but is also subcontracting to various engineering firms to provide engineering services that the architect itself is not licensed to perform.

The latter are not included in Basic Services, but the parties at time of contracting recognize that Supplemental Services will be required for the project.

Selecting the right owner-architect agreement for a commercial project – AIA

All Newsletters Click here to view a list of all our newsletters. This provision permits the Aoa to report confidential information as legally required even if the Owner does not want it reported.

Please login to access this page. This is because the agreement establishes a foundation for the contractual relationship between the owner and architect and communicates the expected design and other services that the architect will provide.

Selecting the right owner-architect agreement for a commercial project

Second, the editing conventions promote open communication and trust. Create a new password. Article 1 — Initial Information — The B contains many additions to Article 1 that were previously included in the longer Aiaa, and remain in the B They were successfully arguing that the Architect could not sue for copyright infringement against either the Owner or new Architect.

This Section keeps earlier revisions that eliminated detailed estimates of the Cost of the Work as a Basic Service and now expressly makes detailed estimates i.

It may also protect against an argument aaia the Architect should have otherwise determined that the necessary information was provided in a timely manner by the owner. Unless otherwise specifically aai in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project.

The logical question always was: It is one thing to have to make changes zia codes change after contract award. If a project will follow the traditional method of assigning these tasks to the architect, and procurement is through bidding or negotiation, B is appropriate. 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.


It means that if a court finds a provision of the Agreement to be void or unenforceable, the court is to nevertheless enforce the balance of the terms and conditions of the Agreement.

All aiaa agreements can—and should—be modified to fit the circumstances of a particular project, as well as the needs of the architect and the owner. This Section further provides that failure to agree on BIM protocols means that the party using the BIM shall use it at its sole risk and without liability to the other party, or its contractors or consultants.

You will no longer have access to your profile. A similar change is made for negotiated procurement in section 3. However, if the owner will engage a consultant to provide cost estimating and scheduling services during design, and procurement will be through bidding or negotiation, B provides terms that are more precisely tailored to this circumstance. Holland publishes an online construction risk management library ConstructionRisk.

Changes To The New AIA B101-2017 and B103-2017 Owner/Architect Agreements

Note that later in the contract there is another section that again makes reference to performance criteria. Additional Services are those services that may be added later as the need arises. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.

During the Construction phase, the architect provides services in line with B and B The document retains the concept of Basic Services and states that needed or requested services not included in Basic Services qualify as either Additional Services or as the newly named Supplemental Services for which the Owner must pay additional compensation to the Architect.

Additional Services and Supplemental Services. It is quite another to have to make changes because a code official interprets the code differently than the reasonable interpretation of the design professional who exercised the appropriate standard of care.

However, despite some changes to standardize the language between the two forms, there are a few notable differences between the B and the B, which are also discussed below.