Design-build is a method of project execution in which the owner of a project enters into a unique agreement with a design builder to provide both design and construction services. Unlike traditional design-build projects, where the owner separately enters into a contract with an architect for the design and a contractor for the construction, design-build provides a single point of responsibility for the planning and construction of the project. This single point of contact and responsibility, among other advantages, are particularly attractive for apartment owners who prefer to avoid entering into contracts with two separate parties. The standard “flagship” form of the agreement between the owner and the architect is the B101, which takes over the traditional construction supply through design-build tenders. As the construction industry and the procurement of construction services has evolved, owners often choose to hire site managers or similar consultants to provide specialized services such as cost estimation, planning, and constructability testing. Contractual documents on the AEOI have also been developed to reflect this change in responsibility. In addition to B101, AIA offers several other owner-architect contracts. The owner-architect contracts commonly used for commercial projects and their distinguishing features are as follows: Michael Bell, AIA, a member of the AIA Documents Committee who participated in the development of the A145-2015, stated: “The A145-2015 is much shorter than the standard AEOI design and construction documents, reflecting the nature of the project, but maintains the predictability and consistency that comes with the use of standard EIA contracts. “This document includes fill points like prompts to find some of the most common things required in many different states. The prompts should also encourage the design builder to know what regulations apply in their individual states, as consumer protection is something that is taken seriously, especially when it comes to people`s homes,” says Snider B103-2017, the standard form of agreement between the owner and architect for a complex project, similar to B101; For example, the basic services of the B103 are provided in the same five phases as those described in the B101. However, B103 differs from B101 in several ways. One of them is that B103 assumes that the owner hires third parties to provide cost estimates and project planning services during the design phases. B103 also assumes that the owner can implement accelerated, phased or accelerated construction planning.
B132-2009, the standard form of the agreement between the owner and the architect, construction manager as an editing consultant, is similar to B103, except that it is expressly assumed that the owner commissions a site manager to provide cost estimation, project planning and other services during planning. B132 provides for the architect to work with the site manager during the design phases and assist the owner and site manager in bidding or obtaining negotiation proposals for construction. During the construction phase, the architect provides most of the traditional services specified in B101 and B103. However, in many cases, e.B. when reviewing submissions or payment requests, the responsibility is shared with the site manager. B101-2017 is a standard form of agreement between the owner and the architect for building planning and construction services and includes the architect`s responsibility for cost estimation and project planning. B101 also includes services to help the owner submit bids or obtain negotiated bids from contractors during procurement. Services are divided into basic, additional and additional services. Basic services are carried out in five phases: schematic design, design development, construction documents, procurement and construction contract management.
Additional services are identified as the responsibility of the architect at the time of contract performance, while additional services are defined as those that occur during the project. B133-2014, the standard form of the agreement between the owner and the architect, construction manager as a builder`s edition, is also similar to B103, except that – like the B132 – it expressly assumes that the owner hires a site manager to provide cost estimation, project planning and other services during planning. Unlike B132, B133 does not involve a tendering or negotiation phase, as it is assumed that the site manager is building the project. During the construction phase, the architect provides services according to B101 and B103. However, housing construction contracts present unique challenges. Many jurisdictions impose specific requirements on certain consumer protection languages that must be included in housing contracts. These provisions can range from wording that informs the owner about how and why a mechanic`s lien can be deposited on the owner`s property, to notice of the specific warranties that must be provided for the project. Often, it is necessary to include legal language that follows certain rules in terms of form and font. Section A145-2015 includes a number of filling points that ask the user to determine whether such provisions should be included, but users are asked to contact competent legal counsel to ensure that their contract meets local requirements.
These documents can be purchased electronically on aiacontracts.org. The electronic format facilitates editing by clearly displaying the changes made and creating a professional final document. These publishing conventions serve two important purposes. First of all, they save a lot of time and effort by eliminating the search for revisions line by line, word by word. This allows the parties to focus on the importance and impact of the changes. Second, editorial conventions promote open communication and trust. All model agreements can and should be tailored to the circumstances of a particular project, as well as the needs of the architect and owner. Choosing the right owner-architect contract is crucial for any commercial design project. Indeed, the agreement creates a basis for the contractual relationship between the owner and the architect and communicates the expected design and other services that the architect will provide. Architects and owners can choose from several EAR owner-architect agreements tailored to different project delivery methods, sizes and complexities.
AEOI agreements provide a proven and court-proven framework for discussing and negotiating key terms, including the scope of services and the architect`s remuneration. They are widely used and used in the construction industry and represent a consensus of individuals and groups representing the interests of architects, owners and contractors. The new A145-2015 is the AEOI`s first offer for a document specially adapted to the planning and construction of residential projects. While A145-2015 will sound familiar to anyone who used A141-2014, the authors of A145-2015 were able to cut the document in half and limit its exposures to one. This shortening of the document, along with other relevant revisions aimed at housing construction, make it a more appropriate document for the use of the typical owner and contractors who provide housing planning and construction services. .
