AIA Document B171™–2013 provides the agreement between the owner and the architect of record, an entity who is separate and independent from the program manager and design manager, and who acts as a project-specific architect. AIA Document B172–2013 is coordinated for use with AIA documents C171™–2013, Standard Form of Agreement Between Owner and Program Manager for use in a Multiple Project Program, and B171–2013, Standard Form of Agreement Between Owner and Design Manager for use in a Multiple Project Program.
The architect of record is responsible for preparation of the construction documents, based on criteria received from the owner in a “transfer package”, and related design and bidding phase services, and administration of the owner/contractor agreement on a project by project basis.
AIA Document B172–2013 may also, with some modifications, be appropriate for use in other circumstances where an architect is asked to prepare construction documents based on the preliminary design work of another, and to provide related bidding and contract administration services for a project. For use and execution of a document, see its instructions »
AIA Document B172–2013 is a standard form agreement between an Owner and Architect for use where the Owner provides the Architect a Transfer Package prepared by another licensed architect, communicating the scope, quality, budget and intent of the Project and providing the functional, aesthetic and quality standards for the Project. The Transfer Package will consist of: the Design Development documents; the Design Standards; a detailed estimate of the Cost of the Work, and other documentation as appropriate to communicate the scope, quality, budget and intent of the Project; and a preliminary schedule indicating the design and construction milestone dates through final completion of the Project.
B172–2013 is written to be part of the AIA’s Program Management family of documents, in which the Owner hires a Program Manager who is responsible for assisting the Owner in the consistent and efficient development of multiple projects within a Program. Additionally, in the Program Management family, the Owner hires a Design Manager who assists the Owner and the Program Manager in developing and establishing the Owner’s Program and provides limited architectural services for each project in the Program. Specifically, the Design Manager performs the necessary schematic design and design development architectural services for each project in the program in order to develop the Transfer Package. Because the Program Management family of documents assumes that the Program consists of multiple projects, it is possible that there will be multiple Architects of Record involved in the Program, with each Architect of Record executing a standard form B172–2013 for each project in the Program.
While drafted to be part of the Program Management family, B172–2013 has use outside of the Program Management delivery method. B172–2013, with some modification, can be used in many situations where an Architect becomes involved on a project where it is asked to continue the design that a previous architect has started.
AIA Document B172–2013 is intended to be used in conjunction with AIA Document C171–2013, Standard Form of Agreement Between Owner and Program Manager for use in a Multiple Project Program, and AIA Document B171–2013, Standard Form of Agreement Between Owner and Design Manager for use in a Multiple Project Program.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission and may use 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.
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.