Changes from the previous edition
Dispute Resolution—Mediation and Arbitration
AIA Document B107–2020 replaces B107-2010, a standard form of agreement between developer-builder and architect for design of one or more prototype(s) for a one- or two-family residential project. AIA Document B107–2020 is intended for use in situations where the architect will provide limited architectural services in connection with a prototype of a one- or two- family residential project. Under B107–2020, the architect’s services consist of development of a permit set of documents and limited construction phase services for the first residence of each prototype design constructed by the developer-builder. This document anticipates that the developer-builder will have extensive control over the management of the project, acting in a capacity similar to that of a developer or speculative builder of a housing project, and that the developer-builder is an entity that has experience with applicable residential building codes, selection of materials and systems, and methods of installation and construction. For use and execution of a document, see its instructions »
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.
The prompt for the definition of the project has been modified to make clear that there can be more than one prototype that is included in the definition. Also, the reference to the “development” has been removed throughout the document, which allows the developer-builder to reuse the prototype design in any location, subject to the limitations set forth in Section 7.4.2.
Article 3 – Scope of the Architect’s Basic Services
§ 3.4 Permitting phase services have been added to clarify that the architect is required to provide responses to review comments of governmental authorities having jurisdiction over the project.
Article 4 – Supplemental and Additional Services
§ 22.214.171.124 The architect’s responsibility to perform site visits has been moved to this section, where it is now an additional service subject to the architect’s agreement to provide such service.
§ 126.96.36.199 This section has been added to clarify that the architect’s review of submittals in addition to those required in Section 3.5.4 is an additional service subject to the architect’s agreement to provide such service.
§ 188.8.131.52 This section has been added to clarify that modifying the instruments of service for reuse on subsequent residences is an additional service.
Article 5 – Developer-Builder’s Responsibilities
§ 5.1 This section has been added to require the developer-builder to be a contractor licensed to perform the work.
§ 5.2 This section has been modified to require the developer-builder to be capable of completing the development of the design beyond the permit set documents phase. The developer-builder should recognize that the design of the project is not complete with the architect’s submission of the permit set documents. It is the developer-builder’s obligation to complete that design based on its expertise as a knowledgeable developer-builder.
§ 5.19 This section requires the developer-builder to be responsible for design decisions and requirements that are not addressed in the permit set documents. This requirement is in recognition that, in a typical design process, the design team continues to refine its design all the way through the creation of construction documents. In the B107, the design team is only responsible for completing a set of documents that are sufficient to achieve a building permit. Yet, the design is not complete at this point and the developer-builder is responsible for taking the design from the level of completion in the permit set documents through to the level of completion that would normally be achieved in a set of construction documents. Similarly, in the typical design process, the design team monitors the design and mitigates errors, inconsistencies, and omissions during the construction phase of the project. However, in B107, the architect has a significantly reduced role in the construction phase of the project. As such, the developer-builder takes on the responsibility for mitigating errors, inconsistencies, and omissions that are discovered during the construction phase of the project that would otherwise have been provided by the architect.
Article 7 – Copyrights and Licenses
§ 7.3 This section remains largely the same as it was in the prior version of B107. However, it has been revised to draw a clear distinction between “use” of the architect’s instruments of service, which applies to the project as defined on the cover page, and “reuse” of the instruments of service, which applies to subsequent residences.
§ 7.4 This section has been added to clarify the terms of “reuse” of the instruments of service, which applies to subsequent residences beyond the initial project that is defined on the cover page. Section 7.4.2 allows the architect and developer-builder to negotiate limitations on the developer-builder’s right to reuse the architect’s instruments of service.
Article 12 – Insurance
This is a new article that includes all the insurance obligations for both parties to the agreement. Section 12.2 now includes the developer-builder’s insurance obligations in recognition of the fact that the developer-builder will be acting as the builder of 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.