AIA releases updated contracts for multi-family residential and prototype residential projects
New resources provide insights into mitigating and managing risk on complex residential design and construction projects.
WASHINGTON – Oct. 20, 2020 - The American Institute of Architects (AIA) is releasing updated contract documents today, including two key residential contracts and a complimentary Condominium Project Guide.
Revised residential contract documents address insurance requirements, post-occupancy site visits and maintenance requirements. The updated B109™-2020, Standard Form of Agreement Between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Project now includes a new, optional limitation of liability. While incorporating the aspects of the new B109, the free Condominium Projects Guide includes model language pertaining to the homeowners association, the individual unit owners, by-laws, and purchase agreements.
“Although the B109 is designed for multi-family residential projects, it specifically includes a representation by the owner that the project will not include a residential condominium,” said AIA Contract Documents Manager and Counsel James R. Germano, Esq. “Parties wishing to convert the B109 for use on a residential condominium project will find the Condominium Projects Guide helpful.”
For residential development, the updated B107™-2020, Standard Form of Agreement Between Developer-Builder and Architect for Prototype(s) for a One or Two Single Family Residential Project with Limited Architectural Services incorporates updated language from the B101, Owner/Architect Agreement. The B107 is specifically designed to allow a developer-builder to hire an architect to design prototype houses, the design of which can be repeatedly used by the developer-builder. The architect is expected to develop the design of each prototype to a level minimally required to achieve a building permit. Meanwhile, the developer-builder is expected to be an entity who is knowledgeable about residential construction who can then take this “Permit Set” of drawings and complete the project.
AIA will provide a free webinar to learn more about the key residential documents’ updates from 1-2 p.m. EST, on Monday, Nov. 2. Registration is required.
Other new and revised documents being released are:
The updated A305 allows contractors to express additional capabilities such as safety protocols and plans, sustainability services as well as BIM experience. A305 can also now be assembled in a modular fashion. Contractors can use it to provide general information about their company, sensitive financial and performance information, and information that pertains to a specific project. Learn more
The AIA worked closely with both the National Association of Surety Bond Producers (NASBP) and the Surety & Fidelity Association of America (SFAA) to develop the new warranty bond, which provides coverage for the contractor’s post-completion warranty obligations when a traditional performance bond may cease to provide coverage. This new bond is a useful tool to owners and contractors who wish to navigate the post-completion warranty obligation process more successfully, particularly on complex projects. Learn more
The free pro bono agreement has been updated to include the 2017 core AIA document changes as well as clauses that help architects providing pro bono services mitigate the risk of such activities, including clauses that address indemnity and limitation of liability. Learn more
AIA documents can be purchased with an unlimited-use annual license or as a single, customizable document. AIA contract documents are also available as single, non-editable documents and as paper versions through some AIA chapters. Visit aiacontracts.org for more information.
About AIA Contract Documents
AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. Prepared by the AIA with the consensus of owners, contractors, attorneys, architects, engineers, and others, the documents have been finely tuned during their 132-year history. As a result, these comprehensive contracts and forms are now widely recognized as the industry standard. Used by all industry professionals, including architects, contractors, owners, consultants, and attorneys, AIA Contract Documents are organized into two categories: by families, based on types of projects or particular project delivery methods, and by series, based on the parties to the agreement or the use of the form. Visit aiacontracts.org.
About AIA Documents Committee
Since its inception in 1887, the AIA Documents Committee has been an AIA committee dedicated to creating and revising AIA Contract Documents. Qualified applicants for the AIA Documents Committee are licensed architects and members of the AIA actively engaged in the design and construction industry through employment in architectural firms or construction companies, or for building owners or developers. New members are appointed to maintain a balance of viewpoints based on diversity, including geography, firm size, practice type, and area of expertise.
Founded in 1857, AIA consistently works to create more valuable, healthy, secure, and sustainable buildings, neighborhoods, and communities. Through more than 200 international, state and local chapters, AIA advocates for public policies that promote economic vitality and public wellbeing.
AIA provides members with tools and resources to assist them in their careers and business as well as engaging civic and government leaders and the public to find solutions to pressing issues facing our communities, institutions, nation, and world. Members adhere to a code of ethics and conduct to ensure the highest professional standards.