AIA Document B106–2020 replaces B106-2010, a standard form of agreement between owner and architect for building design, construction contract administration, or other professional services provided on a pro bono basis. The architect’s pro bono services are professional services for which the architect receives no financial compensation other than compensation for reimbursable expenses. A table format is provided which the parties may use to designate the scope of the architect’s pro bono services and the maximum number of hours to be provided by the architect for each designated pro bono service. If the architect is providing construction phase services, B106–2020 is intended to be used in conjunction with AIA Document A201®–2017, General Conditions of the Contract for Construction, which incorporates by reference. For use and execution of a document, see its instructions »
B106-2020 incorporates AIA Document A201-2017, General Conditions of the Construction Contract for the definition of some terms. Also, if the architect is required to provide construction phase services, A201-2017 is also incorporated by reference to describe those services.
Before transmitting instruments of service or other information in digital form, the parties should establish protocols for that transmission. The parties may want to consider using AIA Documents E203™–2013, Building Information Modeling and Digital Data Protocol Exhibit; G201™–2013, Project Digital Data Protocol Form; and G202™–2013, Project Building Information Modeling Protocol Form, for that purpose.
Changes from the previous edition.
Article 1 – Initial Information
§ 1.1 The initial information article of B106 has been reduced significantly. Also, B106 was restructured to be capable of use for any type of professional design services, thus it no longer made sense to have a lengthy initial information section that presupposed a traditional design process. The parties are still encouraged to discuss initial information that needs to be shared, however, the parties should only include information that is relevant to the services the architect will be providing.
Article 2 – Architect’s Responsibilities
§ 2.5 Section 2.5 contains a new provision wherein the parties may set forth the types and limits of insurance the architect is required to carry for the project. Specifically, B106-2020 lists general liability, automobile liability, workers’ compensation, and professional liability. In each prompt, the parties should insert the limits of insurance coverage that the architect is required to maintain.
Article 3 – Scope of the Architect’s Pro Bono Services
§ 3.2 The menu of services in Section 3.2 has been significantly modified and reorganized. It now contains sub-categories for pre-design services, architectural services, engineering services, specialized services, and post-construction services. The parties can agree that the architect will perform as many, or as few, of these services as they like.
§ 3.3.3 B106 now includes a reference to a sustainable projects exhibit, which is AIA Document E204™-2017. The architect is required to perform the sustainable project services if identified as the architect’s responsibility in Section 184.108.40.206.
§ 3.4.1 This section has been changed such that, if the limitation of hours for any pro bono service set in Section 3.2 are exceeded, the architect and owner may execute an amendment to provide compensation to the architect for those additional services. The prior version of B106 required the parties to execute a separate agreement, such as AIA Document B101-2017, to provide compensation for additional services.
Article 6 – Copyrights and Licenses
§ 6.3.2 Article 6 has been edited to clarify that if the architect terminates the agreement for convenience, the owner may continue to use the instruments of service to complete the project.
Dispute Resolution—Mediation and Arbitration.
This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act.
The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at adr.org.