2007 Contract Documents Update
On November 5, 2007, the AIA will launched its 2007 Update to AIA Contract Documents, which have defined the contractual relationships in the design and construction industry for 120 years. With input from owners, contractors, attorneys, architects, and engineers, the 2007 Update consists primarily of agreements in the popular AIA A201TM Conventional Family of documents.
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A single standard form of agreement between owner and architect
After analyzing the 1997 owner/architect agreements and data regarding their sales and usage, the AIA Documents Committee decided to retire both AIA Document B141™–1997, Standard Form of Agreement Between Owner and Architect, and AIA Document B151™–1997, Abbreviated Standard Form of Agreement Between Owner and Architect. The content of those documents was merged to create AIA Document B101™–2007, Standard Form of Agreement Between Owner and Architect—a one-part agreement for traditional design and construction contract administration services. The newly merged document, AIA Document B101TM–2007, returns to the concept of “basic” and “additional” services, clearly laying out the architect’s services during five phases:
1. Schematic design
2. Design development
3. Construction documents
AIA Document B101TM–2007 also requires the architect to discuss with the owner the use of environmentally responsible design approaches (sustainable design) in the project and to incorporate approaches such as building orientation and material choices when creating the design. While the level of sustainable design that will be incorporated into the project is ultimately the owner’s decision, AIA Document B101TM–2007 provides a platform for architects to introduce the option of environmentally responsible design to the owner.
Among other changes, AIA Document B101TM–2007 includes two other groundbreaking provisions: a requirement that the architect carry insurance and a contractual standard of care. AIA Document B101TM–2007 is targeted for large projects in which the architect will provide cost estimating services and that do not involve fast-track or accelerated scheduling and multiple-bid packages.
New owner/architect agreements for projects of different sizes and complexity
The 2007 Update also includes three other new owner/architect agreements that follow the model of AIA Document B101TM–2007, outlined above, but add to, or subtract from, its terms to create agreements that are tailored to projects of different sizes and levels of complexity:
• AIA Document B103TM–2007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project. This revision assumes that the owner will retain third parties to provide cost estimates and project schedules and that the owner may implement fast-track, phased, or accelerated scheduling. Accordingly, the architects’ basic services are modified as necessary, based on those assumptions. The AIA developed AIA Document B103TM–2007 with the assistance of the AIA Large Firm Roundtable.
• AIA Document B104TM–2007, Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope. This is a streamlined version of AIA Document B101TM–2007, targeted to medium-size projects. Basic services are in three phases, and other text is substantially abbreviated.
• AIA Document B105TM–2007, Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project. This is the revised, renumbered, and retitled successor to AIA Document B155TM–2003, to serve the smallest projects. At only two pages plus a cover sheet, it is the most abbreviated of all the 2007 owner/architect agreements. Its format is simplified to be less formal and more client-friendly to homeowners, but it is still suitable for small commercial projects. The AIA relied heavily on input from the AIA Small Project Practitioners in developing AIA Document B105TM–2007.
Both AIA Document B101TM–2007 and AIA Document B103TM–2007 incorporate AIA Document A201TM–2007, General Conditions of the Contract for Construction. AIA Document B104TM–2007 incorporates AIA Document A107TM–2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope, for projects of limited scope that include integral general conditions. AIA Document A107TM–2007 is now modified for use with three types of payment: stipulated sum, cost-plus-a-fee, and cost-plus-a-fee with a Guaranteed Maximum Price. AIA Document B105TM–2007 incorporates AIA Document A105TM–2007, Agreement Between Owner and Contractor for a Residential or Small Commercial Project, which also includes internal general conditions. AIA Document A105TM–2007 creates a fixed-price contract.
For more information, visit www.aiacontractdocuments.org.