What is the architect’s scope of services in B107–2020?
In AIA Document B107–2020, the architect is responsible for development of permit set documents, consisting of the necessary documentation of the design required in order to obtain a building permit in the jurisdiction where the project is located. The architect is responsible for structural, mechanical, electrical, and plumbing design to the extent minimally required for the permit set documents. During the construction phase, the architect is responsible for responding to inquiries or requests from the developer-builder related to documents prepared by the architect and limited review of certain submittals. importantly, the architect is not responsible for producing construction documents, assisting in the procurement phase of the project, site visits, reviewing applications for payment, or inspecting the project for substantial and final completion. Also, the architect’s services under AIA Document B107–2020 are limited to the first residence of each prototype design constructed by the developer-builder. Services necessary to modify the architect’s instruments of service for reuse on subsequent residences should be included in a separate agreement for additional compensation.
Does the architect have a different standard of care in B107–2020 compared to B101–2017?
Yes, the architect’s standard of care in AIA Document B107–2020 is different from what is found in AIA Document B101–2017 due to the limited nature of services the Architect is expected to perform. The Architect’s standard of care in B101-2017 (and many other AIA owner/architect agreements) is as follows:
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.
The architect’s standard of care in B107-2020 is as follows:
§ 2.2 The Architect shall perform the limited services for the Project defined in this Agreement consistent with the professional skill and care ordinarily provided by architects performing such limited services for a knowledgeable residential developer-builder of the type described in Section 5.2 in the jurisdiction in which the Project is being constructed. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.
Does B107–2020 allow the developer-builder to reuse the architect’s instruments of service on subsequent residences?
Yes, AIA Document B107–2020, allows the developer-builder, at its sole risk, to reuse the architect’s instruments of service on subsequent residences provided the developer-builder pays a licensing fee to the architect for the developer-builder’s continued use of the architect’s instruments of service.
What is a developer-builder in B107–2020?
AIA Document B107–2020, defines a developer-builder as an entity knowledgeable about and experienced with building codes, laws, and regulations that apply to the project. The developer-builder should also be knowledgeable about, and experienced with, the selection of materials and systems; construction costs; and methods of installation and construction, and be capable of completing the development of the design through construction of the project based on the permit set documents.
Is B107–2020 used with a general conditions document?
No, AIA Document B107–2020 does not coordinate with, or relate to, any published AIA standard form construction contract or general conditions of the contract for construction and may be used by itself. B107–2020 can be used with architect-consultant agreements such as AIA Document C401™–2017, Standard Form of Agreement Between Architect and Consultant.
What is the role of the developer-builder in B107–2020?
AIA Document B107–2020 contemplates that the developer-builder will have extensive control over the management of the project, acting in the capacity of a developer or speculative builder of a housing project. B107–2020 assumes that, other than the architect’s responsibility for structural, mechanical, electrical and plumbing design as minimally required to develop the permit set documents, the developer-builder or its separate consultants will provide the engineering services, specify the brand names of materials and equipment, and administer payment to the contractors, among other project responsibilities. Except where government authorities require specification by the architect, the developer-builder will be responsible for specifying products and methods of application for mechanical equipment and fixtures, electrical equipment and fixtures, and interior finishes, furnishings, fixtures, and equipment. The developer-builder is also expected to be a contractor who is responsible for construction of the work and all necessary estimating services.
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