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A141–2014, Agreement Between Owner and Design-Builder

AIA Document A141™–2014 replaces AIA Document A141–2004, Standard Form of Agreement Between Owner and Design-Builder, and consists of the Agreement portion and Exhibit A, a Design-Build Amendment that is executed when the Owner and Design-Builder have agreed on the Contract Sum. Additionally, A141–2014 includes two exhibits, Exhibit B, Insurance and Bonds, and Exhibit C, Sustainable Projects. AIA Document A141–2014 forms the nucleus of the Contract for Design-Build between the Owner and Design-Builder.

Design-build is a process in which the owner contracts directly with one entity to provide both the design and construction of the project. The design-builder may be a design-build entity, an architect, construction contractor, real estate developer, or any person or entity legally permitted to do business as a design-builder in the jurisdiction where the project is located. The design-builder’s organization may take a variety of legal forms, such as a sole proprietorship, a partnership, a joint venture, or a corporation. An architect or architectural firm choosing to function as a design-builder may directly contract to perform design-build services or, alternatively, may form a separate corporate entity or joint venture for design-build.

In A141–2014, the Owner provides a set of Owner’s Criteria establishing the Owner’s requirements for the Project. Thereafter, the Design-Builder will review the Owner’s Criteria, develop a Preliminary Design and then provide a proposal to the Owner regarding the Contract Sum. Upon mutual agreement, the Owner and Design-Builder will execute the Design-Build Amendment to establish the Contract Sum and document the information upon which the Contract Sum is based. The Design-Build Amendment also includes the determination for the Cost of the Work, if the Contract Sum is based on a Cost of the Work with or without a Guaranteed Maximum Price.


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A141–2004, Agreement Between Owner and Design-Builder

AIA Document A141™–2004 replaces AIA Document A191™–1996 and consists of the agreement and three exhibits: Exhibit A, Terms and Conditions; Exhibit B, Determination of the Cost of the Work; and Exhibit C, Insurance and Bonds. Exhibit B is not applicable if the parties select to use a stipulated sum. AIA Document A141–2004 obligates the design-builder to execute fully the work required by the design-build documents, which include A141 with its attached exhibits, the project criteria and the design-builder’s proposal, including any revisions to those documents accepted by the owner, supplementary and other conditions, addenda and modifications. The Agreement requires the parties to select the payment type from three choices: (1) Stipulated Sum, (2) cost of the work plus design-builder’s fee, and (3) cost of the work plus design-builder’s fee with a guaranteed maximum price. A141–2004 with its attached exhibits forms the nucleus of the design-build contract. Because A141 includes its own terms and conditions, it does not use AIA Document A201™. Note: AIA Document A141–2004 expires on December 31, 2015, and is replaced AIA Document A141–2014.

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B142–2004: Agreement Between Owner and Consultant where the Owner contemplates using the design-build method of project delivery

 

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