Contract DocumentsContract Documents
Use of the Design-Build family of AIA Contract Documents is appropriate when the project delivery method is design-build. In design-build project delivery, the owner enters into a contract with a design-builder who is obligated to design and construct the project. The design-builder then enters into contracts with architects and construction contractors, as needed. Design-build documents can be used on small to large projects.
See the list of AIA Contract Documents by Family for information about document availability in AIA Contract Documents® software, in paper (see local distributors), and from AIA Documents on Demand®. Users should exercise independent judgment and may require the advice of legal counsel on deciding which documents are appropriate for a particular project.
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™.
A142–2004, Agreement Between Design-Builder and Contractor
AIA Document A142™–2004 replaces AIA Document A491™–1996 and consists of the agreement and five exhibits: Exhibit A, Terms and Conditions; Exhibit B, Preconstruction Services; Exhibit C, Contractor’s Scope of Work; Exhibit D, Determination of the Cost of the Work; and Exhibit E, Insurance and Bonds. Unlike AIA Document B491–1996, AIA Document A142–2004 does not rely on AIA Document A201™ for its general conditions of the contract. A142–2004 contains its own terms and conditions.
A142–2004 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™–2004, AIA Document A142–2004 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.
A441–2008, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project
AIA Document A441™–2008 is a fixed price agreement that establishes the contractual relationship between the contractor and subcontractor in a design-build project. AIA Document A441–2008 incorporates by reference the terms and conditions of AIA Document A142™–2004, Standard Form of Agreement Between Design-Builder and Contractor, and was written to ensure consistency with the AIA 2004 Design-Build family of documents. Because subcontractors are often required to provide professional services on a design-build project, A441 provides for that possibility.
B142–2004, Agreement Between Owner and Consultant where the Owner contemplates using the design-build method of project delivery
AIA Document B142™–2004 provides a standard form for the upfront services an owner may require when considering design-build delivery. The consultant, who may or may not be an architect or other design professional, may perform a wide ranging array of services for the owner, including programming and planning, budgeting and cost estimating, project criteria development services, and many others, commencing with initial data gathering and continuing through to post occupancy. AIA Document B142–2004 consists of the agreement portion and two exhibits, Exhibit A, Initial Information, and Exhibit B, Standard Form of Consultant’s Services. Exhibit B provides a menu of briefly described services that the parties can select and augment to suit the needs of the project.
B143–2004, Standard Form of Agreement Between Design-Builder and Architect
AIA Document B143™–2004 replaces AIA Document B901™–1996 and establishes the contractual relationship between the design-builder and its architect. AIA Document B143–2004 consists of the Agreement, Exhibit A, Initial Information, and Exhibit B, Standard Form of Architect’s Services. Exhibit B provides a menu of briefly described services that the parties can select and augment to suit the needs of the project.
C441–2008, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project
AIA Document C441™–2008 establishes the contractual relationship between the architect and a consultant providing services to the architect on a design-build project. AIA Document C441–2008 is suitable for use with all types of consultants, including consulting architects and may be used with a variety of compensation methods. C441 assumes and incorporates by reference a preexisting prime agreement between design-builder and architect. C441–2008 was written to ensure consistency with AIA Document B143™–2004, Standard Form of Agreement Between Design-Builder and Architect, and with other documents in the AIA 2004 Design-Build family of documents.
G704DB–2004, Acknowledgement of Substantial Completion of a Design-Build Project
Because of the nature of design-build contracting, the project owner assumes many of the construction contract administration duties performed by the architect in a traditional project. Because there is not an architect to certify substantial completion, AIA Document G704™DB–2004 requires the owner to inspect the project to determine whether the work is substantially complete in accordance with the design-build documents and to acknowledge the date when it occurs. AIA Document G704DB–2004 is a variation of AIA Document G704™–2000 and provides a standard form for the owner to acknowledge the date of substantial completion.
For questions about the content of specific documents, which document to use, or how to complete a document, call (202) 626-7526 or contact firstname.lastname@example.org. Also visit the AIA Contract Documents Knowledge Base, which answers some 500 questions about purchasing documents, using AIA Contract Documents® software, and selecting and understanding AIA documents and forms.
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