Contract DocumentsReference Material
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 ACD5™, in paper (see a list of 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 expires on December 31, 2015, and is replaced by AIA Document A141–2014.
A141–2014, Standard Form of 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.
A142–2004, Agreement Between Design-Builder and Contractor. AIA Document A142™–2004 expires on December 31, 2015, and is replaced by AIA Document A142–2014.
A142–2014, Standard Form of Agreement Between Design-Builder and Contractor
AIA Document A142™–2014 replaces AIA Document A141™–2004, Standard Form of Agreement Between Design-Builder and Contractor, and consists of the Agreement portion and four exhibits: Exhibit A, Terms and Conditions; Exhibit B, Insurance and Bonds; Exhibit C, Preconstruction Services; and Exhibit D, Determination of the Cost of the Work.
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.
A441–2008, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project. AIA Document A441™–2008 expires on December 31, 2015, and is replaced by AIA Document A441–2014.
A441–2014, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project. AIA Document A441™–2014 establishes the contractual relationship between the contractor and subcontractor in a design-build project. AIA Document A441–2014 incorporates by reference the terms and conditions of AIA Document A142™–2014, Standard Form of Agreement Between Design-Builder and Contractor, and was written to ensure consistency with the AIA 2014 Design-Build family of documents. Because subcontractors are often required to provide professional services on a design-build project, A441–2014 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 expires on December 31, 2015, and is replaced by AIA Document C141–2014.
B143–2004, Standard Form of Agreement Between Design-Builder and Architect
AIA Document B143™–2004 expires on December 31, 2015, and is replaced by AIA Document B143–2014.
B143–2014, Standard Form of Agreement Between Design-Builder and Architect
AIA Document B143™–2014 replaces B143–2004, Standard Form of Agreement Between Design-Builder and Architect. B143–2014 establishes the contractual arrangement between the Design-Builder and the Architect. B143 does not provide a fixed scope of architect’s services, but instead includes an extensive menu of services from which the Owner and Architect may select.
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. AIA Document C141™–2014, 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, development of bridging documents, conducting construction, and administration services. AIA Document C141–2014 consists of the agreement portion and one exhibit, Exhibit A, Consultant’s Services. Exhibit A provides a menu of briefly described services that the parties can select and augment to suit the needs of the project. NOTE: AIA Document B142–2004 expires on December 31, 2015.
C441–2008, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project. AIA Document C441™–2008 expires on December 31, 2015, and is replaced by AIA Document C441–2014.
C441–2014, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project. AIA Document C441™–2014 establishes the contractual relationship between the architect and a consultant providing services to the architect on a design-build project. AIA Document C441–2014 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 the design-builder and architect. C441–2014 was written to ensure consistency with AIA Document B143™–2014, Standard Form of Agreement Between Design-Builder and Architect, and with other documents in the AIA 2014 Design-Build family of documents.
G704DB–2004, Acknowledgement of Substantial Completion of a Design-Build Project
AIA Document G704™DB–2004 expires on December 31, 2015, and is replaced by AIA Document G744–2014.
G744–2014, Certificate of Substantial Completion for 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 G744–2014 requires the owner to inspect the project to determine whether the work is substantially complete in accordance with the design-build documents and to identify the date when it occurs. AIA Document G744–2014 is a variation of AIA Document G704™–2000 and provides a standard form for the owner to certify 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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