Changes from the previous edition
Dispute Resolution—Mediation and Arbitration
AIA Document B252–2019 provides the Architect’s scope of services for interior design and furniture, furnishings, and equipment (FF&E) design. The services set forth in B252–2019 parallel those in AIA Document B152™–2019 and thus requires the Architect to provide Programming Services and Basic Services, which include Schematic Design, Design Development, Construction Documents, FF&E Documents, Construction Procurement, FF&E Procurement, Construction Contract Administration, and FF&E Contract Administration.
B252–2019 may be used in two ways: (1) incorporated into the owner/architect agreement as the architect’s sole scope of services or in conjunction with other scope of services Document, or (2) attached to AIA Document G802™–2017, Amendment to the Professional Services Agreement, to create a modification to an existing owner/architect agreement. B252–2019 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. For use and execution of a document, see its instructions »
AIA Document B252–2019 provides the Architect’s scope of services for interior design and furniture, furnishings, and equipment (FF&E) design. B252–2019 replaces AIA Document B252™–2007. The services set forth in B252–2019 parallel those in AIA Document B152™–2019 and thus requires the Architect to provide Programming Services and Basic Services, which include Schematic Design, Design Development, Construction Documents, FF&E Documents, Construction Procurement, FF&E Procurement, Construction Contract Administration, and FF&E Contract Administration.
In addition to Basic Services, B252–2019 also contains provisions for Supplemental Services, which are identified as the Architect’s responsibility at the time the agreement is executed, and Additional Services, which may arise as the Project proceeds. This document may be used with a variety of compensation methods, including a percentage of construction cost and stipulated sum.
B252-2019 assumes the Owner will provide separate budgets for the Cost of the Work for Construction and the Cost of the Work for FF&E and the Architect will design the Project to meet these budgets
B252–2019 is not a stand-alone document and to become effective it must be incorporated into an owner-architect agreement. It may be used with AIA Document B102™–2017, Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect’s Services, to provide the Architect’s sole scope of services, or with B102–2017 in conjunction with other standard form services documents. It may also be incorporated into any owner-architect agreement when the agreement is executed or used with G802™–2017, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement.
B252–2019 is intended to be used in conjunction with AIA Document A151™–2019, Standard Form of Agreement between Owner and Vendor and AIA Document A104™–2017, Standard Abbreviated Form of Agreement between Owner and Contractor. B252–2019 can also be used with Architect-Consultant agreements such as AIA Document C401™–2017.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit.
If the Owner intends to pursue a Sustainable Objective, the parties should identify the Sustainable Objective in B252-2019 and use AIA Document E204™–2017, Sustainable Projects Exhibit, to establish the process for creating a Sustainability Plan that will define the parties’ responsibilities for pursuing the Sustainable Objective. Additionally, the AIA publishes AIA Document B503™, Guide for Amendments to AIA Owner-Architect Agreements, which discusses a number of topics common to Owner-Architect relationships and provides model language.
If the Owner and Architect agree that the Architect will purchase FF&E on behalf of the Owner with funds provided by the Owner, the duties and compensation related to such services can be set forth in B254™–2019, Standard Form of Architect’s Services: Purchasing Agent Services for FF&E.
Changes from the previous edition.
AIA Document B252–2019 contains a number of significant format and content changes from B252–2007. In particular, B252-2019 does not include Pre-Lease Analysis and Feasibility Phase Services. B252-2019 also restructures the Architect’s contract documents and procurement phase services.
There are many other changes to foster clarity in the Owner-Architect agreement as well. Described below are highlights of major changes in B252–2019.
Article 1 – Initial Information
§ 1.2 Sustainable Objective. Sustainable design and construction continues to rapidly evolve as owners are increasingly interested in incorporating sustainable features into projects. B252–2019 addresses current industry practices relating to sustainable design. Section 1.2 allows the Owner to identify any anticipated Sustainable Objective it may have for the Project. The Sustainable Objective is the Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance, and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. If the Owner identifies a Sustainable Objective, the parties will incorporate AIA Document E204–2019, Sustainable Projects Exhibit, into the Agreement to establish a process for creating a Sustainability Plan that will clearly define the parties’ responsibilities in terms of pursuing the Sustainable Objective. For more information on participating on a project with a Sustainable Objective, please see AIA Document D503™, Guide for Sustainable Projects.
§ 1.4 Use of Digital Data. 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. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed B252–2019, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA.
§ 1.4.1 This 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 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. For more information on using the AIA’s Digital Practice Documents, including E203–2013 and G202–2013, download AIA’s Guide, Instructions and Commentary to the 2013 AIA Digital Practice Documents.
Article 7 – Cost of the Work
§ 7.8 and § 7.10 Architect’s Redesign Obligation. B252–2007 required the Architect 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. This obligation remains in B252–2019, however, language has been added in Article 1 to require the Owner to identify separate budgets for the Cost of the Work for FF&E and the Cost of the Work for Construction, and for the Architect’s obligation to provide redesign services pertaining to those separate budgets to happen independently. Additionally, exceptions have been added to each of these sections 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, where an architect’s redesign efforts would be compensated if the unfavorable bids or proposals exceeding the budget are the result of conditions beyond the architect’s reasonable control. (Design Within Funding Limitations 48 CFR 52.236-22).
Article 8 – Compensation
§ 8.1 Compensation for Programming. A fill-point has been added to allow the parties to identify compensation for the Architect’s Programming Services.
§ 8.2 Compensation for Interior Design and FF&E Design Services. Fill points have been added to allow the parties to identify separate compensation for Interior Design and FF&E Design Services.
§ 8.6 and § 8.7 Calculation of Progress Payments For Percentage Basis Compensation. The schedule for percentage-based compensation has been broken into separate schedules for compensation for Interior Design Services and FF&E Design Services. Language has also been added to clarify how progress payments to the Architect are calculated when the parties have chosen a percentage basis as the method of compensation. Progress payments are calculated by applying the percentages set forth in Article 8 to the Owner’s most recent budget for the Cost of the Work for Construction or Cost of the Work for FF&E, as applicable. Section 6.2 requires the Owner to update its budgets throughout the course of the Project. Section 8.8 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 budgets.
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.