AIA Document B101—2017, Standard Form of Agreement Between Owner and Architect, includes a number of format and content changes intended to foster clarity between the parties. A few of the key changes are addressed below:
• B101–2017 does not include an optional Exhibit A for Initial Information. B101–2017 Article 1 has been expanded to include the detailed Initial Information that was previously required in Exhibit A, doing away with the need for the optional Exhibit.
• The Additional Services article has been reformatted. B101–2007 included two types of Additional Services:
1) Additional Services that were identified and contracted for at the time the Agreement was executed, and
2) Additional Services that arose as the project proceeded. To avoid the potential confusion caused by having two types of Additional Services, B101–2017 has re-categorized the first type of Additional Services as Supplemental Services. Supplemental Services refers to services that are not included as Basic Services but that are identified as the Architect’s responsibility at the time the Agreement is executed. Additional Services now refer only to those services that may arise as the Project proceeds.
• Allows for AIA Documents E204™–2017, Sustainable Projects Exhibit, and any applicable Sustainability Plan to be incorporated as a part of the Agreement when used on a Sustainable Project.
• A new section requires the parties to develop protocols for the use of, and reliance on, a building information model or portion thereof. Use of, or reliance on, a building information model without established protocols will be at the using or relying on parties sole risk. This provision requires the use of AIA Document E203–2013 and AIA Document G202™–2013, Project Building Information Modeling Protocol Form, for the establishment of these protocols.
• The Architect’s consideration of substitutions during Procurement Phase services are now identified as an Additional Service to be consistent with the treatment of substitutions during the Construction Phase.
• Language was modified to more clearly allow for direct communication between the Owner and Contractor while maintaining the Architect’s ability to remain abreast of discussions relating to the Project.
• The Architect’s duty to provide redesign services without additional compensation if the lowest bona fide bid or negotiated proposal exceeded the Owner’s budget for the Cost of the Work has been modified. The obligation remains, however, an exception has been added, stating that the redesign services shall be compensated as an Additional Service if the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget due to market conditions the Architect could not reasonably anticipate. This approach is more similar to that take under the Federal Acquisition Regulations’ design within funding limitations obligation (Design Within Funding Limitations 48 CFR 52.236-22).
• A provision was added that, unless otherwise stated in the Agreement, terminates the Agreement one year from the date of Substantial Completion.
• Included new language allowing for the establishment of a “termination fee” (in lieu of Termination Expenses in 2007) that will be agreed to by the parties and payable in the event the Owner terminates the Architect for convenience or if the Architect terminates the agreement to extensive Project delay. Additionally, revisions have been made to clarify that costs payable to the Architect under such a termination include costs attributable to terminating consultants.
• Language has been added clarifying how progress payments to the Architect are calculated when the parties have chosen a percentage basis as the method of compensation. The language also clarifies that once a progress payment is made, it shall not retroactively be adjusted based on subsequent increases or decreases to the Owner’s budget for the Cost of the Work.