Contract DocumentsContract Documents
AIA Contract Documents has just released updated Design-Build AIA Contract Documents. The most significant updates include the flexibility to accommodate various ways in which a design-build project can be delivered, the addition of an Owner’s Criteria and updated Insurance and Sustainable Project Exhibits.
Design-Build Contracts Resources:
How to Purchase the New Design-Build Contracts:
A141–2014, Standard Form of Agreement Between 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.
A142–2014, Standard Form of Agreement Between Design-Builder and Contractor
A142–2014 obligates the contractor to perform the work in accordance with the contract documents, which include A142 with its attached exhibits, supplementary and other conditions, drawings, specifications, addenda, and modifications. Like AIA Document A141™–2014, AIA Document A142–2014 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.
A441–2014, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project
B143–2014, Standard Form of Agreement Between Design-Builder and Architect
AIA Document B143 can be used for a number of different contractual scenarios that may arise on a design-build project. If the design-build entity lacks the internal capacity to provide architectural services, or is required to separately contract for architectural services by virtue of local license regulations or other legal requirements, the design-build entity can use B143 to enter into an agreement with an Architect to perform all of the architectural services on the Project. B143 can also be used, however, where the Design-Builder directly performs some of the architectural services under its agreement with the Owner. In this instance, B143 can be used to contract with additional architects that will provide portions of the architectural services. For example, the design-build entity may retain an Architect to only provide a Preliminary Design, while the Design-Builder will use either a separate Architect or its own forces to develop the Construction Documents and perform Contract Administration services.
C141–2014 (formerly B142–2004), Standard Form of Agreement Between Owner and Consultant for a Design-Build Project
C441–2014, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project
G744–2014, Certificate of Substantial Completion for a Design-Build Project