AIA Document G7071994 is intended for use as a companion to AIA Document G7061994, Contractors Affidavit of Payment of Debts and Claims, on construction projects where the contractor is required to furnish a bond. Washington, DC 20006 G706A1994, Contractors Affidavit of Release of Liens The program managers basic services primarily relate to overseeing the development and implementation of the owners program and include creating a program management plan to describe the scope of the program and related requirements; managing program related information across the multiple projects in the program; developing a program-wide budget and schedule; and establishing quality control guidelines. AIA Document G7121972 is a standard form by which the architect can log and monitor shop drawings and samples. The Design-Build Amendment also includes the determination for the Cost of the Work, if the Contract Sum is based on a Cost of the Work with or without a Guaranteed Maximum Price. AIA Documents A5332009 and A2322009 should only be employed on projects where the construction manager is serving in the capacity of adviser to the owner and not in situations where the construction manager is also the constructor (CMc document-based relationships). Under prior versions of A134, the parties had no contractual obligation to address Substantial Completion until the CM submitted the control estimate to the Owner and there was no mention of Substantial Completion. 0 Execution of a completed AIA Document G7012001 indicates agreement upon all the terms of the change, including any changes in the Contract Sum (or Guaranteed Maximum Price) and Contract Time. A133-2019 is drafted to be used in conjunction with a new Insurance and Bonds Exhibit (Exhibit B) which is a critical part of the agreement, and should be discussed with legal and insurance counsel. AIA Document C1062007 expires on December 31, 2014, and is replaced by C1062013. G7071994, Consent of Surety to Final Payment Updates to C132 include the replacement of the phrase Multiple Prime Contractors with the defined term Contractors in recognition of the fact that the Agreement can be used with a Single (Prime) Contractor, even though it is intended to be used with Multiple Prime Contractors. B102 does not include a scope of architects services, which must be inserted in Article 1 or attached as an exhibit. AIA Document C1322009 provides the agreement between the owner and the construction manager, a single entity who is separate and independent from the architect and the contractor, and who acts solely as an adviser (CMa) to the owner throughout the course of the project. B1032007 SP is intended to be used in conjunction with AIA Document A2012007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, which it incorporates by reference. B2522007, Standard Form of Architects Services: Architectural Interior Design The design-builder may be a design-build entity, an architect, construction contractor, real estate developer, or any person or entity legally permitted to do business as a design-builder in the jurisdiction where the project is located. In fact, the new Exhibit A explicitly recognizes that parties may find it in their mutual interest to commence a number of Construction Phase activities during the Preconstruction Phase. B206 was revised in 2007 to align with AIA Document B1012007. AIA Document G8062001 is an administrative form intended to help maintain a single standard list of project parameters including project objectives, owners program, project delivery method, legal parameters, and financial parameters. AIA Document B1952008 is a standard form of agreement between owner and architect for a project that utilizes integrated project delivery (IPD). It may be used on projects with a stipulated sum; cost of the work plus a fee, with or without a guaranteed maximum price; or other payment method determined by the parties. B1012007 SP is based on AIA Document B1012007, Standard Form of Agreement Between Owner and Architect, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects). A3051986, Contractors Qualification Statement G704DB2004, Acknowledgement of Substantial Completion of a Design-Build Project AIA Document A2012007 is adopted by reference in owner/architect, owner/contractor, and contractor/subcontractor agreements in the Conventional (A201) family of documents; thus, it is often called the keystone document. 91 0 obj <>stream NOTE: B3522000 expired in 2010. See Joel Lewin & Eric Eisenberg, 57 Mass. Other provisions introduce different approaches, such as fast-track construction. B211 was revised in 2007 to align, as applicable, with AIA Document B1012007. For more complex projects, parties should consider using one of the following other owner/contractor agreements: AIA Document A1012007, A1022007 or A1032007. AIA Document B2052007 establishes duties and responsibilities where the architect provides services for projects that are historically sensitive. The AIA version of the provision states as follows: The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architects consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. It is intended for use when the Consultants scope of services will subsequently be specified through the use of one or more Service Orders. For that purpose, the agreement includes a guaranteed maximum price amendment at Exhibit A. A2012007, General Conditions of the Contract for Construction B1322019/2009, O/A Agreement, CMa Edition (side-by-side comparison), C1322019/2009, O/CMa Agreement (side-by-side comparison), Construction Manager as Constructor (CMc). If using a cost-plus payment method, the parties will also use A121 Exhibit A, Determination of the Cost of the Work. AIA Document C4222014 is a Service Order that provides the Consultants scope of services, and other terms pertinent to the specific Service Order. AIA Document C1912009 is a standard form multi-party agreement through which the owner, architect, contractor, and perhaps other key project participants execute a single agreement for the design, construction and commissioning of a Project. AIA Document G6122001 is a questionnaire, drafted to elicit information from the owner regarding the nature of the construction contract. CAUTION: To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document. AIA Document B1012007 SP is a one-part standard form of agreement between owner and architect for sustainable building design and construction contract administration. Specific instructions or special requirements, such as the amount and type of bonding, are to be attached to, or inserted into, A701. Unlike AIA Document B1532007, AIA Document B2532007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. AIA Document B2142012, Scope of Architects Services: LEED Certification, establishes duties and responsibilities when the owner seeks certification from the U.S. Green Building Councils Leadership in Energy and Environmental Design (LEED) program. In addition to the contractor and the architect, a construction manager assists the owner in an advisory capacity during design and construction. D5032013 includes a sample Sustainability Plan that readers can use for assistance when preparing a Sustainability Plan unique to their project. A101 is suitable for large or complex projects. B1952008, Standard Form of Agreement Between Owner and Architect for Integrated Project Delivery For a more detailed discussion of the issues raised in this article, please attend the ABA Forum on Construction Laws Annual Meeting in Seattle, Washington in April 2020, during which two interactive plenary sessions will be devoted to construction management under the 2019 AIA Construction Management Contracts. An owner preparing to request bids or to award a contract for a construction project often requires a means of verifying the background, references, and financial stability of any contractor being considered. It is intended for use when the Architect and Consultant have entered into a Master Agreement setting forth the common terms and conditions applicable to all Service Orders. AIA Document G8072001 differs from AIA Document G8082001, Project Data, which contains only data about the project and project site. B210 was revised in 2007 to align, as applicable, with AIA Document B1012007. Though not a party to the contract for construction between owner and contractor, the architect participates in the preparation of the contract documents and performs construction phase duties and responsibilities described in detail in the general conditions. It is intended to help the architect perform its services with respect to minor changes not involving adjustment in the contract sum or contract time. The program manager assists the owner in an advisory capacity on matters that impact the project during design and construction. These agreements are written for a stipulated sum, cost of the work with a guaranteed maximum price, and cost of the work without a guaranteed maximum price, respectively. A1952008, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery NOTE: AIA Document B1422004 expires on December 31, 2015. A1342009 SP, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guarantee Maximum Price, for use on a Sustainable Project B1052007 is intended for use with A1052007, which it incorporates by reference. The Master Agreement plus Service Order contracting method allows multiple scopes of services to be issued quickly without the necessity to renegotiate the terms and conditions of the Service Agreements. B1322009 SP is based on AIA Document B1322009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects). The contractor may also be required to furnish a lien bond or indemnity bond to protect the owner with respect to each exception. The form also allows the architect to certify an amount different than the amount applied for, with explanation provided by the architect. Each of them incorporates by reference AIA Document A2012007, General Conditions of the Contract for Construction. These factors, along with the time frame for construction, are important for an owner to investigate. AIA Document C1022015 is intended to allow multiple or cross-disciplinary parties to form a team to provide services necessary to submit a proposal, in response to a solicitation, for a shared opportunity project. It is coordinated with AIA Document C1712013, an owner/program manager agreement, where the program manager is an independent adviser to the owner throughout the course of the program. Services are divided along the traditional lines of basic and additional services. Please contact [emailprotected]. AIA Document B1082009 was developed with the assistance of several federal agencies and contains terms and conditions that are unique to federally funded or federally insured projects. 4 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction G8042001, Register of Bid Documents However, in AIA Document A1342009 SP the construction manager does not provide a guaranteed maximum price (GMP). AIA Document C4012007 SP, Standard Form of Agreement Between Architect and Consultant, for use on a Sustainable Project, is a standard form of agreement between the architect and the consultant providing services to the architect on a sustainable project. C1412014 (formerly B1422004), Standard Form of Agreement Between Owner and Consultant for a Design-Build Project. The architect of record is responsible for preparation of the construction documents, and related design and bidding phase services, and administration of the owner/contractor agreement on a project by project basis. AIA Document B1042007 contains a compressed form of basic services with three phases: design development, Construction documents, and construction. Additionally, C197 allows for the non-owner members to receive profit through incentive compensation and goal achievement compensation. Both AIA Documents B1322009 SP and C1322009 SP are based on the premise that one or more separate construction contractors will also contract with the owner. The major difference between AIA Documents G701CMa1992 and G7012001 is that the signature of the construction manager adviser, along with those of the owner, architect and contractor, is required to validate the change order. G6021993, Request for ProposalGeotechnical Services A121-2014 provides only the common terms and conditions that will be applicable to each Work Order. In conjunction with the updated 2019 CM documents, the AIA publishes two supplementary guides (A503 for CMc and A533 for CMa) on its website to aid practitioners with issues that are not addressed in the standard documents, but might be relevant to a particular CM project. NOTE: B175ID2003 expired in 2009. Industry feedback confirmed that certain aspects of construction, such as ordering of long lead items, demolition, site work, foundations, etc., commence during the Preconstruction Phase, before the Owner issues the full notice to proceed. B252 was revised in 2007 to align, as applicable, with AIA Document B1012007. A1032007 adopts by reference, and is intended for use with, AIA Document A2012007, General Conditions of the Contract for Construction. Building Excellence for the Industry. AIA Document A4412014 incorporates by reference the terms and conditions of AIA Document A1422014, Standard Form of Agreement Between Design-Builder and Contractor, and was written to ensure consistency with the AIA 2014 Design-Build family of documents. B143 can also be used, however, where the Design-Builder directly performs some of the architectural services under its agreement with the Owner. G8072001, Project Team Directory B1722013, Standard Form of Agreement Between Owner and Architect for Architect of Record Services Comparisons of current and previous editions of AIA Contract Documents, or basic and special versions (e.g., basic and Sustainable Projects versions), either side by side in a table, orin an underline/strikethrough format showing new and old text. AIA Document B1032007 is a standard form of agreement between owner and architect intended for use on large or complex projects. 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. B1032007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project AIA Documents A1052007 and B1052007, Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project, comprise the Small Projects family of documents. The Master Agreement plus Service Order contracting method allows multiple scopes of services to be issued quickly without the necessity to renegotiate the terms and conditions of the Service Agreements. Also visit the AIA Contract Documents Knowledge Base, which answers some 500 questions about purchasing documents, using AIA Contract Documents software, and selecting and understanding AIA documents and forms. The A201-2007 Commentary provides explanations for many of the legal concepts and industry practices influencing the wording of particular A201 provisions. Because of foreign practices, the term owner has been replaced with client throughout the document. The Master Agreement plus Service Order contracting method allows multiple scopes of services to be issued quickly without the necessity to renegotiate the terms and conditions of the Service Agreements. NOTE: B1062010 is available in AIA Contract Documents software, but not in paper. Its use can expedite payment and reduce the possibility of error. B1422004, Agreement Between Owner and Consultant where the Owner contemplates using the design-build method of project delivery. A1342009 employs the cost-plus-a-fee method, wherein the owner can monitor cost through periodic review of a control estimate that is revised as the project proceeds. The form also allows the owner to certify an amount different than the amount applied for, with explanation provided by the owner. AIA Document G7151997 is intended for use in adopting ACORD Form 25-S to certify the coverage required of contractors under AIA Document A2012007, General Conditions of the Contract for Construction. A2012007, as a standard form document, cannot cover all the particulars of a project. B121-2014 is coordinated for use with AIA Document B2212014, Service Order for use with Master Agreement Between Owner and Architect. Unlike in the Construction Manager as Adviser family of documents, where the construction manager has some shared responsibilities with the architect, in C172 the program manager does not have shared responsibilities with other project participants or authority to act directly on behalf of the owner with respect to the responsibilities of the architect or contractor. To accommodate this possibility, the CMc documents now contain a provision acknowledging that the Construction Phase commences upon the execution of the GMP Amendment (A133-2019), approval of the Control Estimate (A134-2019), or prior to acceptance or approval by written agreement of the parties. Intending to provide the parties with the maximum amount of flexibility in crafting that written agreement, the CMc documents only require that the parties describe the early work to be performed by the CMc and detail any insurance and bond requirements for that work. AIA Document B1022007 replaces and serves the same purpose as B1411997 Part 1 (expired 2009). AIA Document C4412014 establishes the contractual relationship between the architect and a consultant providing services to the architect on a design-build project. Use of A121 plus a Work order creates a contract that includes both the terms and the scope of Work. CAUTION: Do not use A2322009 SP in combination with Sustainable Project documents where the construction manager takes on the role of constructor, such as in AIA Document A1332009 SP or A1342009 SP. AIA Document C1962008 is a standard form of agreement between a single purpose entity (the SPE) and a project owner, called the owner member. B1212014, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders B195 does not include the specific scope of the architects services; rather, it incorporates by reference AIA Document A2952008, General Conditions of the Contract for Integrated Project Delivery, which sets forth the architects duties and scope of services for each of the six phases of the project, along with the duties and obligations of the owner and contractor. A1342009 (formerly A131CMc2003), Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guarantee Maximum Price The SPE may also enter into agreements with non-member design consultants, specialty trade contractors, vendors and suppliers. It sets forth the responsibilities of both parties and lists their respective obligations, which are written to parallel AIA Document A2012007, General Conditions of the Contract for Construction, which A4012007 incorporates by reference. C422-2014 is coordinated for use with AIA Document C4212014, Master Agreement Between Architect and Consultant for Services provided under Multiple Service Orders. AIA Document A5212012, Uniform Location of Subject Matter Document A133 - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. B1082009 (formerly B1811994), Standard Form of Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project A1342009 SP employs the cost-plus-a-fee method, wherein the owner can monitor cost through periodic review of a control estimate that is revised as the project proceeds. The program manager assists the owner in an advisory capacity, on matters that impact the program, during design and construction. This form is used to obtain price quotations required in the negotiation of change orders. A2322009 (formerly A201CMa1992), General Conditions of the Contract for Construction, Construction Manager as Adviser Edition / AIA Document A133 - 2009 (formerly A121CMc - 2003). Some courts draw a distinction between the Work and non-Work property, and hold that only the Work is within the scope of the waiver. At a time to be mutually agreed upon by the Owner and the Construction Manager, and in consultation with the Architect, the Construction Manager prepares a Guaranteed Maximum Price proposal or Control Estimate, as applicable, for the Owners review and acceptance. It is intended for use when the Contractors scope of Work will subsequently be specified through the use of one or more Work Orders. AIA Document B2062007 may be used in two ways: (1) incorporated into the owner/architect agreement as the architects sole scope of services or in conjunction with other scope of services documents, or (2) attached to AIA Document G8022007, Amendment to the Professional Services Agreement, to create a modification to an existing owner/architect agreement. AIA Document A133-2019 is coordinated for use with AIA Documents A201-2017, General Conditions of the Contract for Construction, and B133-2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. A121-2014 is coordinated for use with AIA Document A2212014, Work Order for use with Master Agreement Between Owner and Contractor. AIA Document B2072008 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. A1332019/2009, Owner/CMc AgreementCost of the Work, with GMP, A1342019/2009, Owner/CMc AgreementCost of the Work, no GMP, Contract Administration and Project Management Forms, AIA Bond Form Commentary and Comparison, A3102010/1970 and A3122010/1984, Bid Bond, and Performance Bond and Payment Bond. AIA Document B1092010 is a standard form of agreement between owner and architect for building design and construction contract administration for a multi-family residential or mixed use residential project. G8032007 (formerly G6072000), Amendment to the Consultant Services Agreement AIA Document B1032007 was developed to replace B1411997 Parts 1 and 2, and B1511997 (expired 2009) specifically with respect to large or complex projects. Prac., Mass. There could be one, or multiple, team members. AIA Document A2512007 provides general conditions for the AIA Document A1512007, Standard Form Agreement between Owner and Vendor for Furniture, Furnishings and Equipment where the basis of payment is a Stipulated Sum. In all cases, these provisions are provided because they deal with circumstances that are not typically included in other AIA standard form owner/architect agreements. B2062007, Standard Form of Architects Services: Security Evaluation and Planning AIA Document B1532007 is a standard form of agreement between the owner and architect for design services related solely to furniture, furnishings and equipment (FF&E). A4012007, Standard Form of Agreement Between Contractor and Subcontractor G7031992, Continuation Sheet B221-2014 is coordinated for use with AIA Document B1212014, Master Agreement Between Owner and Architect for Services provided under Multiple Service Orders. C1912009, Standard Form Multi-Party Agreement for Integrated Project Delivery Despite the potential financial significance to the contracting parties, the drafting, review, and approval of insurance provisions in construction contracts is frequently delegated to non-lawyers or simply ignored. 2022 American Bar Association, all rights reserved. AIA Document G701S2001 modifies AIA Document G7012001 for use by subcontractors. B2142012 may be used to provide the scope of services for a prime architect who is providing LEED Certification services as an Additional Service, or, in the alternative, for an architect who is providing only LEED Certification services as a consultant to the owner. The 2019 Construction Management documents continue to provide Owners with two options, which can be used independently or in concert with each other, for delivery of construction management services. The Master Agreement plus Work Order contracting method allows multiple scopes of Work to be issued quickly without the necessity to renegotiate the terms and conditions of the Contract. A2322009 SP is based on AIA Document A2322009, General Conditions of the Contract for Construction, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects). B2102007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. C4412014, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project. Like A5032007, this document contains suggested language for supplementary conditions, along with notes on appropriate usage. AIA Document G704DB2004 expires on December 31, 2015, and is replaced AIA Document G7442014. Under A2322009 SP, the construction manager serves as an independent adviser to the owner, who enters into a contract with a general contractor or multiple contracts with prime trade contractors. AIA Document A133-2009 is coordinated for use with AIA Documents A201-2007, General Conditions of the Contract for Construction, and B133-2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. C441 assumes and incorporates by reference a preexisting prime agreement between the design-builder and architect. B1012007 (formerly B1511997), Standard Form of Agreement Between Owner and Architect AIA Document G6011994 allows owners to request proposals from a number of surveyors based on information deemed necessary by the owner and architect. AIA Document B1212014 is a Master Agreement Between the Owner and Architect. Because there is not an architect to certify substantial completion, AIA Document G7442014 requires the owner to inspect the project to determine whether the work is substantially complete in accordance with the design-build documents and to identify the date when it occurs. AIA Document B1082009 is a standard form of agreement between Owner and Architect for building design and construction contract administration that is intended for use on federally funded or federally insured projects. endstream endobj startxref A101 adopts by reference, and is designed for use with, AIA Document A2012007, General Conditions of the Contract for Construction. NOTE: A775ID2003 expired in 2009. In AIA Document G7042000, the parties agree on the time allowed for completion or correction of the items, the date when the owner will occupy the work or designated portion thereof, and a description of responsibilities for maintenance, heat, utilities and insurance. B2122010, Standard Form of Architects Services: Regional or Urban Planning Additionally, C422-2014 incorporates by reference a preexisting owner-architect agreement known as the Prime Agreement. Thus, AIA Document A5032007 is provided to assist A2012007 users either in modifying it, or developing a separate supplementary conditions document to attach to it. AIA Document B2022009 establishes duties and responsibilities where the architect provides the owner with programming services. G704CMa1992, Certificate of Substantial Completion, Construction Manager-Adviser Edition C1982010, Standard Form of Agreement Between Single Purpose Entity and Consultant for Integrated Project Delivery AIA Document B2122010 establishes duties and responsibilities where the architect provides the owner with regional or urban planning services. A1412004, Agreement Between Owner and Design-Builder. The Owner or Contractor, as appropriate, shall require of the Architect, Architects consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. AIA Document A113-2022 is an owner/contractor agreement that is intended to be used for a single family residential remodeling project. ( expired 2009 ) capacity, on matters that impact the program, during design and.! Explanations for many of the contract for construction, are important for aia a133 commentary owner to investigate b252 was revised 2007. Advisory capacity, on matters that impact the program, during design and construction projects parties... Use by subcontractors change Orders a preexisting prime agreement Between owner and Consultant for a single residential! 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