New in 2005: Six AIA Contract Documents

12/2005 - The AIA Contract Documents program provides proven, consistent, and effective standard form contracts to the building design and construction industry. The program directs its efforts toward improving existing documents and developing new ones. In late 2005 the AIA introduced six new contract documents. These included two new agreements and four new scopes of service documents for use with owner-architect agreements.

C105™–2005, STANDARD FORM OF AGREEMENT BETWEEN ARCHITECT AND CONSULTING ARCHITECT

C105–2005 provides a standard form agreement between two architects, one of whom will serve as a consulting architect to the other. The document provides the essential agreement terms and conditions so the two architects can create a contractual relationship, but it does not set forth a particular scope of services as the scope will vary according to the needs of the two architects. Article 11 in the agreement provides a location where the parties can describe the services the consulting architect will provide. C105 assumes and references a preexisting owner-architect agreement, such as the B141 or B151, which is known as the prime agreement. The C105 is appropriate for use with a variety of compensation methods.
Because C105 does not provide a fixed scope of services, it may be used in any situation in which the architect who holds a prime agreement with the client retains another architect to perform consulting services. Such services could include, without limitation, programming, schematic design, contract documents, specifications, and construction contract administration. Because C105 establishes a relationship between a prime architect and its consulting architect, it is not intended to be used when two architects desire to establish a joint venture agreement. C801™-1993, Joint Venture Agreement for Professional Services, is available for that purpose.

SCOPE DOCUMENTS FOR USE WITH OWNER-ARCHITECT AGREEMENTS

When AIA Document B141, Standard Form of Agreement Between Owner and Architect, was revised in 1997, the scope of services section of the document was separated from the agreement section. The result was B141 Part One, the agreement, and B141 Part Two, the scope of services. This division recognizes the fact that not all architects perform traditional design and construction administration services and some projects do not even require those services. Providing the agreement and services portions separately allows B141 Part One to serve as the agreement between owner and architect irrespective of the nature of the services the architect will perform. The instructions for the B141–1997 document make clear that the parties are free to replace Part Two with any scope of services document that better serves their purposes.

Following up on the decision to have two parts to the B141, the AIA has developed specific scope documents for a variety of services. In late 2004 six new scope documents were released for use with the B141 Part One agreement or any other owner-architect agreement. These six documents make it easier for architects to offer, negotiate, and perform services in the specialized areas of historic preservation, value analysis, security evaluation and planning, facility support, commissioning, and LEED certification. In late 2005 the AIA released four more scope documents for use when architects provide the services of site evaluation and planning; interior architecture; furniture, furnishings, and equipment design; and contract administration when the owner has retained another architect for design services.

All scope of services documents follow one of two formats: a fixed scope of services, which the parties may add to or amend, or a variable or “smorgasbord” list of services from which the parties may choose. Both formats allow space for adding to the description of the listed services.

Scopes of service are not stand-alone documents and must be used with an owner-architect agreement. They may be incorporated into the owner-architect agreement as the architect’s sole scope of services or in conjunction with other scope documents.
Although the AIA developed the scope of services documents primarily for use with B141–1997, the scope documents may also be used to establish the architect’s scope of services for any owner-architect agreement, including the B151–1997 and B727™–1988. If a scope of services document is used when executing the owner-architect agreement, the scope document should be incorporated into the agreement by reference in the body of the agreement. On the cover sheet of the scope document, provide the name of the project, the owner, and the architect.

Architects may also use scope of services documents at any time to modify an existing owner-architect agreement. This is done by attaching the scope to the G606–2000, Amendment to the Professional Services Agreement, and referencing the scope of services document by number and title on the form. On the cover sheet of the scope, provide the date of the owner-architect agreement being modified. A synopsis of each new scope document follows below:


B203™–2005 Standard Form of Architect’s Services: Site Evaluation and Planning
B203 is intended for use when the architect will assist the owner with site selection for a project. The architect’s services may include analysis of the owner’s program and alternative sites, site utilization studies, and analysis of other issues such as planning and zoning requirements, site context, historic resources, utilities, environmental impact, and parking and circulation.


B209™–2005 Standard Form of Architect’s Services: Construction Contract Administration, for Use Where the Owner Has Retained Another Architect for Design Services
B209 establishes the responsibilities and duties of the contract administration architect when another architect is responsible for preparation of the design and contract documents. This scope document covers both construction procurement services (either competitive bids or negotiated proposals) and construction contract administration services in consultation with the owner’s design architect. The services described are substantially similar to the corresponding services in B141™–1997 Part Two.


B252™–2005 Standard Form of Architect’s Services: Architectural Interior Design
B252 establishes responsibilities and duties for the architect providing both interior architecture services and design services for furniture, furnishings and equipment (FF&E). The scope of services is substantially similar to the services described in B171™ID–2003. Unlike B171, however, B252 is a scope of services document only and, like all scope documents, may not be used as a stand-alone owner-architect agreement.

B253™–2005 Standard Form of Architect’s Services: Furniture, Furnishings and Equipment Design
B253 establishes responsibilities and duties for architects providing design services for furniture, furnishings, and equipment (FF&E) only. The scope of services is substantially similar to the services described in B175™ID–2003, but it is a scope of services document only and thus may not be used as a stand-alone owner-architect agreement.


B191™–2005, STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT FOR EMERGENCY SERVICES RELATING TO HURRICANES KATRINA AND RITA
On October 26, 2005, the AIA posted a new document on its Web site that will be offered free online for one year. Users of the document are permitted to make an unlimited number of copies of the agreement, but only for the purpose of providing emergency services relating to hurricanes Katrina and Rita in the Gulf states affected by those hurricanes (Alabama, Mississippi, Louisiana, and Texas). B191 is not available in AIA software, and will be offered free online only. Download B191.

The new document is intended to assist owners and architects in reaching an agreement quickly when emergency services are at stake. The agreement was created and formatted to be as short and concise as possible, and to avoid legalistic-sounding terminology, but still to cover the important issues architects and owners need to establish in their agreements. Due to the emergency nature of the services and to the particular type of damage the hurricanes caused, B191 includes language not included in any other standard form AIA owner-architect agreement: a limitation of liability, based on a stipulated sum, and language releasing the architect from responsibility for claims resulting from concealed or unknown conditions or from information or services incorrectly provided by the owner.