Instructions: B143™–2014, Standard Form of Agreement Between Design-Builder and Architect

 B143™–2014, Standard Form of Agreement Between Design-Builder and Architect

Synopsis. 

AIA Document B143–2014 establishes the contractual arrangement between the Design-Builder and the Architect. B143 does not provide a fixed scope of architect’s services, but instead includes an extensive menu of services from which the Owner and Architect may select. B143 can be used for a number of different contractual scenarios that may arise on a design-build project. If the design-build entity lacks the internal capacity to provide architectural services, or is required to separately contract for architectural services by virtue of local license regulations or other legal requirements, the design-build entity can use B143 to enter into an agreement with an Architect to perform all of the architectural services on the Project. B143 can also be used, however, where the Design-Builder directly performs some of the architectural services under its agreement with the Owner. In this instance, B143 can be used to contract with additional architects that will provide portions of the architectural services. For example, the design-build entity may retain an Architect to only provide a Preliminary Design, while the Design-Builder will use either a separate Architect or its own forces to develop the Construction Documents and perform Contract Administration services. For all document details and a record of changes, see the summary  »

 

Using B143–2014.

Cover Page.

Date. The date represents the date the Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Agreement was originally submitted to the other party, the date authorizing action was taken or the date of actual execution. Professional services should not be performed prior to the effective date of the Agreement.

Parties. Parties to the Agreement should be identified using the full legal name under which the 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.

Design-Build Contract. Enter the date of the agreement between the Owner and the Design-Builder.

Project. Describe the Project in sufficient detail to identify (1) the official name or title of the facility, (2) the location of the site, if known, (3) the proposed building usage, and (4) the size, capacity or scope of the Project, if known.

Owner. Provide the name and address of the Project Owner, as they appear on the agreement between the Owner and the Design-Builder.

Article 1 – Initial Information

§ 1.1 Initial Information is provided in Article 1. The parties should take care to be as explicit and detailed as possible with respect to the relevant Initial Information.

§ 1.3 Architect’s Portion of Project. As the Architect may not be responsible for all design services necessary for the Project, describe in detail the portion of the Project for which the Architect shall provide its services. If for the entire Project, insert “Entire Project” in the space provided.

§ 1.4.8 As If the Owner has identified a Sustainable Objective in the Design-Build Contract, it should be set forth in this section as it applies to the Project. If the parties include a Sustainable Objective in the Agreement, the terms related to the Sustainable Objective shall have the same meaning as those set forth in A141–2014 Exhibit C: Sustainable Projects.

Article 3 – Architect’s Basic services

§ 3.2 through § 3.5 This Agreement provides a menu of services in Sections 3.2 through 3.5 from which the parties may select the services comprising the Architect’s scope of services. After discussing the services presented and the needs of the Project, designate the services the Architect shall provide by placing a check or “X” in the box adjacent to those service descriptions. The Architect is not obligated to perform any service that is not clearly designated with a check or “X” in the appropriate box.

§ 3.7 Other services

§ 3.7.1 The parties should complete the table contained at Section 3.7.1 prior to executing the Agreement. For each service listed, the parties should indicate the party responsible for providing the service in the appropriate column and identify the place where the service is described—e.g., “Section 3.7.2” “or an exhibit attached to this document and identified below” etc. Note that for some of the listed services, the table includes a reference to an AIA Contract Document scope of services document (e.g., Section 3.7.1.1, Programming B202). The referenced scope of services document is provided as a reference point because the identified document can be used to describe the scope of services if the parties indicate that the Architect will be responsible for such services. The scope documents, however, will need to be reviewed and edited to fit the specific circumstances and services the parties intend for the Architect to provide. Also note that the Architect is not responsible for any listed service unless specifically so designated in the Responsibility column of the table.

§ 3.7.1.11 Conformed Construction Documents are the Construction Documents modified to include any addenda issued during the bidding or negotiation process.

§ 3.7.1.12 As-designed Record Drawings are the record of everything the Architect designed for the Project, and include the original Construction Documents plus all addenda, Architect’s Supplemental Instructions, Change Orders, Construction Change Directives and minor changes in the work.

§ 3.7.1.13 As-constructed Record Drawings (commonly called “As-builts”) are the record of the Project as constructed based on information the Contractor provides to the Owner under the contract for construction. Because the As-constructed Record Drawings will be based on the Contractor’s mark-ups, the Architect is not responsible for the accuracy or completeness of the As-constructed Record Drawings.

Article 8 – Claims and Disputes

§ 8.2.4 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 11 – Compensation

§ 11.1 Describe the basis of computing compensation for the Architect’s services before and after execution of the Design-Build Amendment. 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.

§ 11.2 Insert the basis of compensation for the Architect’s Other Services designated in Section 3.7.

§ 11.3 Insert the basis of compensation for Additional Services that may arise during the course of the Project, including those under Section 4.1.

§ 11.4 Insert the multiple to be used to determine the cost to the Architect for Additional Services of the Architect’s consultants when not otherwise included in Section 11.3.

Article 13 – Scope of Agreement

This Article enumerates all documents that comprise the Agreement between the Owner and the Architect.

 

Executing the agreement.

The persons executing the Agreement should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Agreement. 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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