AIA Document B121–2018 is a Master Agreement Between the Owner and Architect. It is intended for use when the Architect’s scope of services will subsequently be specified through the use of one or more Service Orders. B121-2018 provides only the common terms and conditions that will be applicable to each Service Order. Use of B121 plus a Service Order creates a contract, referred to as the Service Agreement, that includes both the terms and the scope of services. B121-2018 is coordinated for use with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect. The Master Agreement plus Service Order contracting method allows multiple scopes of services to be issued quickly without the necessity to renegotiate the terms and conditions of the Service Agreements. For all document details and a record of changes, see the summary »
Date. The date represents the date the Master Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Master Agreement was originally submitted to the other party, the date authorizing action was taken or the date of actual execution. However, the Master Agreement is not a complete agreement for architectural services, and professional services should not be performed prior to execution of a Service Order.
Parties. Parties to this Master Agreement should be identified using the full legal name under which the Master Agreement is to be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, close or professional], etc.). Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other information may be added, such as telephone numbers and electronic addresses.
Article 1 – Master Agreement Term and Party Representatives
§ 1.4 Insert the name, title, and other identifying information of the individual authorized to act on the Owner’s behalf with respect to this Master Agreement. This may be the same or a different individual than the representative authorized to act on the Owner’s behalf with respect to, and identified in, a Service Order.
§ 1.5 Insert the name, title, and other identifying information of the individual authorized to act on the Architect’s behalf with respect to this Master Agreement. This may be the same or a different individual than the representative authorized to act on the Architect’s behalf with respect to, and identified in, a Service Order.
Article 7 – Claims and Disputes
§ 7.2.4 Select from three choices of binding dispute resolution: (1) arbitration, (2) litigation or (3) another method that the parties must identify. Other types of dispute resolution include a dispute resolution board or a mini-trial. For additional information about other methods of dispute resolution, refer to The Construction Industry’s Guide to Dispute Avoidance and Resolution or visit adr.org for more information.
Article 9 – Compensation
In general, compensation for the Architect’s services will be included in each Service Order. However, the Master Agreement allows the parties to predetermine the hourly rate that will be billed for certain employees or categories of employees as well as the compensation method for the Architect’s Additional Services that may arise during the course of performance. Several different methods may be used for various services on a particular project. When more than one method of compensation is used, each method should be referenced to the appropriate services. For a detailed discussion of compensation methods, refer to the Instructions to AIA Document B101™–2017, Standard Form of Agreement Between Owner and Architect.
§ 9.2 Insert the employee names or category of employees that will be billed at an hourly rate. Insert the hourly rate for each employee or category of employee identified.
§ 9.3 Insert the basis of compensation for Additional Services that may arise during the course of the Project.
Article 11 – Special Terms and Conditions
Insert any modifications to the standard text of the document, if the modifications are not otherwise inserted elsewhere in the document. For more information about modifying the document, refer to the Modifications section of these Instructions.
Executing the agreement.
Persons executing AIA Document B121–2018 should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Master Agreement. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached.
Modifications. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document.
Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. For more information, see the document footer and the AIA Contract Documents® Terms of Service.