Summary: A145™–2015, Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project

A145– 2015 Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project

Content.

Synopsis

Purpose

Related documents

Dispute Resolution—Mediation and Arbitration

 

Synopsis.

AIA Document A145–2015 is intended to be used for a one or two-family residential project and consists of the Agreement portion and Exhibit A, a Design-Build Amendment that is executed when the owner and design-builder have agreed on the Contract Sum. A145–2015 is a streamlined document developed to meet the needs of residential owners and design-builders. For commercial or multi-family design-build projects, AIA Document A141™–2014, Agreement Between Owner and Design-Builder, is more appropriate. For use and execution of a document, see its instructions »

 

Purpose.

AIA Document A145–2015 is intended to be used for a one or two-family residential project and consists of the Agreement portion and Exhibit A, a Design-Build Amendment that is executed when the owner and design-builder have agreed on the Contract Sum. A145–2015 is a streamlined document developed to meet the needs of residential owners and design-builders. For commercial or multi-family design-build projects, AIA Document A141–2014, Agreement Between Owner and Design-Builder, is more appropriate.

Design-Build is a project delivery method in which the owner contracts directly with one entity to provide both the design and construction of the project. It is important to recognize that a design-builder assumes responsibility and liability for both the design services and construction work. Prior to entering into this agreement, any person or entity that wishes to act as the design-builder should consult with its legal counsel and insurance advisers. Some states may restrict or prohibit design-build practices under statutes that regulate architectural registration, contractor licensing, or incorporation of professionals. Additionally, federal, state or local law may impose specific requirements on contracts for residential construction. The requirements for single-family and two-family projects may be different. The owner should consult local authorities or an attorney to verify requirements applicable to this agreement.

 

A145–2015 is a stand-alone document for use by a Design-Builder that is performing both design and construction services. Although A145 shares some similarities with other documents in the AIA’s Design-Build family, A145 is not coordinated for use with those documents, and should NOT be used in tandem with agreements in the Design-Build family without careful side-by-side comparison of contents.

 

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.

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