Instructions: B144™–1993, Standard Form of Amendment to the Agreement Between Owner and Architect where the Architect provides Construction Management Services as an adviser to the Owner

 B144™–1993, Standard Form of Amendment to the Agreement Between Owner and Architect where the Architect provides Construction Management Services as an adviser to the Owner

Synopsis. 

AIA Document B144–1993 is an amendment to an Owner/Architect agreement for use in circumstances where the architect, already under contract to perform architectural services for the owner, agrees to provide the owner with a package of construction management services to expand upon, blend with, and supplement the architect’s design and construction contract administration services described in the Owner/Architect agreement. For all document details and a record of changes, see the summary »

 

Using B144–1993.

Cover Page.

Amendment Date. The date of the Amendment is the date that the Amendment becomes effective. It may be the date that an oral agreement was reached, the date the Amendment was originally submitted to the Owner, the date the Owner authorizes the Architect to commence services or the date of actual execution. Professional services described in this Amendment should not be performed prior to the effective date of the Amendment.

Agreement Date. The date of the Agreement between the Owner and Architect should be the date found on the cover page of the AIA Owner-Architect agreement executed by the Owner and Architect for this particular Project.

Parties. Parties to this Amendment should be identified in the same manner as they are in the Agreement.

Project. The proposed Project should be described in the same manner as it is in the Agreement.

Article 5 – Basis of Compensation

A single method of compensation could be provided for all phases of construction management service. Depending on Project requirements, however, it may be preferable to insert language covering one form of compensation for Basic Services performed during the Preconstruction Phases and a different form of compensation for Basic Services performed during the Construction Phase, based on negotiation and agreement by the parties. Before inserting any provision, review and verify that if a cross-reference is made to the Agreement, there exists a corresponding provision in the executed version of the Owner-Architect agreement that has already been completed with specific information about the appropriate method of compensation. Sample language covering several forms of compensation for Basic Services, which should be inserted in Article 5, is provided below.

Multiple of Direct Personnel Expense

Compensation for services rendered by principals, employees and consultants shall be based on a Multiple of Direct Personnel Expense in the same manner as described in the Agreement.

If a Multiple of Direct Salary Expense is used, the term “Direct Salary” should be substituted for “Direct Personnel” above, and it should be defined in Article 6 of this Amendment.

Professional Fee Plus Expenses

Compensation shall be based on a Professional Fee of ________ ($__) plus compensation for services rendered by Principals and employees.

Stipulated Sum

Compensation shall be a Stipulated Sum of ________ ($__).

Percentage of Construction Cost

Compensation shall be based on ________ percent (__%) of the Construction Cost.

If compensation is based on a Stipulated Sum or a Percentage of Construction Cost, the following Section should be completed and inserted:

Progress payments for Basic Services in each phase shall equal the following percentages of the total Basic Compensation payable:

Preconstruction Phases ________ percent (__%)

Construction Phase ________ percent (__%)

In Article 5, insert provisions describing compensation for Additional Services. For example, if hourly rates are used, the provision might read:

Principals’ time at the fixed rate of ________ ($__) per hour. For the purposes of this Article, the Principals are:

These billing rates shall be adjusted annually (semi-annually) in accordance with the Architect’s adjustments in compensation for Principals and employees. (Add agreed-upon limitations.)

If a Multiple of Direct Personnel Expense is used, insert a provision similar to the sample language provided above for Basic Services, and clearly note that Additional Services are involved.

Article 6 – Other Conditions or Services

§ 6.1 Any additional reimbursable expense for construction management services should be listed under Section 6.1.

§ 6.2 Include any further information required to describe other services or conditions of this Amendment. The Owner and the Architect should carefully review the Additional Services listed in the Agreement, so that those to be performed under Basic Services for the Project are so noted in this Amendment.

It is imperative that any changes in the duties of the Architect during the Construction Phase be considered with extreme care and coordinated with the terms of AIA Document A201™, General Conditions of the Contract for Construction.

 

Executing the agreement.

Each person executing the Amendment should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.), and the authority under which they are executing the Amendment. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached.

 

Important.

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.

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