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AIA 2017 Documents:
Owner-Architect Agreements and Sustainable Design and Construction
This presentation is protected by U.S. and international copyright laws.
Reproduction, distribution, display and use of the presentation without written permission of the speaker is prohibited.
This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to constitute approval, sponsorship or endorsement by the AIA of any method, product, service, enterprise or organization.
The statements expressed by speakers, panelists, and other participants reflect their own views and do not necessarily reflect the views or positions of The American Institute of Architects, or of AIA components, or those of their respective officers, directors, members, employees, or other organizations, groups or individuals associated with them.
Questions related to specific products and services may be addressed at the conclusion of this presentation.
Speakers
Michael Cremonese - Attorney at Law Burke Cromer Cremonese; Pittsburgh PA412-904-3360; [email protected]
Robert Gavin - Risk Manager Oswald Companies; Columbus OH740-927-4035; [email protected]
Course / Learning Objectives
• Evaluate the impact the changes to the 2017 AIA Owner-Architect agreements will have on practice and discuss the rationale driving the changes with key members of the Documents Committee.
• Discuss various AIA Owner- Architect agreements to confidently select appropriate AIA Documents based on project size and complexity.
• Examine the changes to AIA Owner-Architect agreements with respect to the overall format, including the new distinction between supplemental and additional services.
• Learn how the new Sustainable Projects Exhibit including the Architect’s sustainability services can be used to provide a positive outcome on the health, safety and welfare of building occupants.
Agenda
• AIA Contract Documents Overview• Selecting an O/A Agreement• Full Set of Agreements for a Single Project• What’s New in O/A Agreements for 2017 - B101• Business Items• Practice Items
• B103• C401• Sustainable Exhibit• Insurance Exhibit
Overview
AIA ContractDocuments Program
History
• Standard form documents since 1888 (129 years)
• Evolved to reflect practices in the
construction industry
• Substantial volume of interpretive case law(AIA Legal Citator)
• Now, nearly 200 agreements and forms
First AIA Contract Document 1888
Objectives
• The Industry Standard
• Fair & Balanced
• Balancing Competing Interests
• Put Risk where it is best managed
Drafting Process
IncorporateLegalDecisions
SeekIndustryComments
InvestigateImpact
Draft andReviseDocuments
Solicit andReviewFeedback
Finalizeand Publish
Participants
• Market Research
• Industry Stakeholders
• AIA/Member Resources (Knowledge Communities)
• Liaisons/Subject Matter Experts
• AIA Contract Documents Committee
The Documents Committee
Began in 1887 as the Committee on the Uniform Contract.
Grosvenor Atterbury chaired the Committee for the years in which it developed the first set of standard documents, published in 1911.
Committee continuous except brief lapse for Great Depression and WWII.
Today’s Committee
• 30 to 35 volunteer AIA
members, outside Legal
Counsel and Industry Advisors
• Ten year commitment for AIA
members
• Generally revise documents on
a ten year cycle
2017 Contract Documents Committee
Owners
Architects
Construction
Insurer, Outside Legal Counsel, & Liaison
Today’s Committee
aia.org/contractdocs/documents-committee/
Trends in Documents Program
• More delivery models to choose from
• Incorporation of new stuff- i.e., digital, sustainable, additional players
• Modularity of content: - i.e., exhibits, forms.
• Need for more education and support – Guides, comparatives, webinars
Owner-ArchitectAgreements
Selecting the correct O/A Agreement
DeliveryMethod
ClientType
ProjectTeam
ProjectType
Scope/Complexity
B105
Project Risk Tolerance and Complexity
B104
B101
B103
A105
A104
A101
A102
A103
Comp
lexity
and R
isk
Balance project complexity and needfor contract protection
Models of O/A Agreements
B101: Standard Form
B102: without a Predefined Scope of Architect’s Services
B103: Complex Project (for added team/project complexity)
B104: Abbreviated Form (3 phases)
B105: Short Form (2 phases)
A201 Family
Models of O/A Agreements
B106: Pro Bono Services
B107: Developer-Builder and Architect for Prototype(s) for Single Family Residential Project
B108: Federally Funded or Federally Insured Project
B109: Multi-Family Residential or Mixed Use Residential Project
A201 Family
Conventional (A201)
Consultant Subcontractor
A310
A312
A401C401A201 General Conditions
Owner ContractorArchitect
A101
A102
A103A104*
B101
B103
B104*
Surety
21
How to put together the package?2017 Editions
Agreement B101, B103
E203
+
and E204
Owner- Architect Agreement
+
How to put together the package?2017 Editions
Consultant Agreement C401-2017
+
E203
+
and E204
Consultant Agreement
Agreement A101, A102, A103
+
Construction Contract
=
General Conditions (A201) Plus Insurance Exhibit, plus BIM and SP exhibits (as
applicable), and any Supplementary Conditions
How to put together the package?
Other Project Delivery Methods
AIA Construction Manager as Adviser (CMa)
AIA Construction Manager as Constructor (CMc)
Consultant(s) Subcontractor(s)
C401 A401A201 General Conditions
CMcArchitect OwnerB133 A133
A134
28
AIA Design-Build Family
Owner
Design-BuilderArchitect
Consultant(s)
Contractor
Subcontractor(s)
C441 A441
B143
A141
A142
C141Consultant
Forms:
G742 and G743-2014 Payment Application and Continuation Sheet
G744-2014 Certificate of Substantial Completion
Contracts:A141-2014 Owner-Design/BuilderC141-2014 Owner-ConsultantB143-2014 Design/Builder-ArchitectA142-2014 Design/Builder-ContractorA441-2014 Contractor-SubcontractorC441-2014 Architect-Consultant
Residential Design-Build A145-2015Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project
OwnerA145
Design-Builder
What’s new in the O/A Agreements for 2017?
B101
Scope of Services
• Traditional 5 Phases of Services
• Article 4 - “Supplemental and Additional Services”
• Supplemental ServicesThey’re part of the dealSustainability Services are now “Supplemental”
• Additional ServicesThey’re not part of the initial deal
2007
Agreement Amendment
B101 Basic Services
Additional
Services
Additional
Services
C401 Consultant Services Additional
Services
2017
Agreement Amendment
B101 Basic Services
Supplemental
Services
Additional
Services
C401 Consultant Services Additional
Services
Key Business Items
• Percentage fees• Over budget because of market conditions• Substitutions during Bidding• Donated items• Contract terminates in one year
– “All’s well that ends!”
B101
Other Business Items
• Milestone dates• Geotech and Civil• Architect’s Insurance• Additional Insureds• Owner’s duty to defend• Termination expenses• Savings Clause
B101
Practice Items
• Initial Information• BIM and BIM Exhibit• Article 4 table
– “This really isn’t so difficult”
B101
Practice Items (con’t)
• Architect is licensed
• “Digital Representation”
• “Sustainable”
• “Procurement”
• Owner and Contractor
Communications
B101
UpdatesAll of the above and more!
• Basic Services include:• accelerated or fast-track design and construction• multiple bid packages• phased construction
• Owner’s Cost and Schedule Consultants
• Coordination with Cost Consultant at end of each phase
• Architect indemnifies Owner from the Architect’s negligent acts or omissions
B103
Guide for Amendments to AIA Owner-Architect Agreements • Free• Provides guidance and model language• New or revised topics include:
– Materials Transparency– Owner directed changes– Owner-provided cost control– Standard of care– Cyber insurance
B503-2007
UpdatesC401
• Strict flow down agreementStandard of CareTerms and conditionsArchitect to Consultant = Owner to Architect
• Specifically stated in the C401Standard Of Care in O-A Agreement governsThe Architect- Consultant relationshipSpecific site visit requirementsConsultant lien rights
Updates (con’t)
• BIM Protocol
• Insurance tracks B101
• Claims/disputes tracks B101
• Termination tracks B101
• Termination and licensing fees tracks B101
C401
The New
AIA ContractDocuments Sustainable Projects Exhibit
Sustainable Project Exhibit
History• Sustainable Projects Guide• SP Documents• SP Exhibit
Sustainable Project Exhibit
Definitions• Sustainable Objective• Sustainable Measure• Sustainability Plan• Sustainability Certification• Sustainability Documentation• Certifying Authority
Sustainable Project Exhibit
Architect’s scope• Sustainability Workshop• Sustainability Plan• Sustainability During the Design Process• Construction Phase• Registration & Submission to Certifying Authority
Scope for each party
Sustainable Project Exhibit
Contractor’s scope• Substantial Completion• Final Completion• Certification by Authority
Owner’s scope• The Sustainability Plan is a Contract Document
Scope for each party
The New
AIA ContractDocuments Insurance Exhibit
and Other Highlights of A201-2017
What happened to the Insurance Fill Points in the Owner-ContractorAgreements?
The New Insurance Exhibit
• Form Based Format• Allows flexibility in a changing insurance market• Appropriate coverage for the project• Appropriate responsibility to provide the coverage
What’s in the Insurance Exhibit?
• Substance and Specifics of most, but not all, A201 Insurance Provisions• Owner’s Insurance
• Contractor’s Insurance
• Optional Extended Property Insurances
• Other Types of Insurance
• Additional Insureds
• Performance & Payment Bonds
What’s in A201-2017 Article 11 (Insurance and Bonds)?
• Contractor’s Liability Insurance
• CGL, Auto, Workers’ Compensation, Property Damage, Bodily and Personal Injury
• Certificates of Insurance
• Name Owner, Architect and Architect’s Consultants as Additional Insured
• Owner’s Insurance: Property, Boiler/Machinery, Loss of Use
• Waiver of Subrogation
• Performance & Payment Bonds if/as Required in the Contract Documents
What am I supposed to do with this thing?
Other Key A201-2017 and O-C Agreement Updates
• BIM and SP Exhibits (same as O-A Agreements)
• Dates of Commencement and Substantial Completion of the Work
• Alternates
• Liquidated Damages
• Owner-Contractor-Architect Communication Protocols
• Termination Fee Provisions
• Retainage
AIA Contract Documents Learn page:www.aiacontracts.org/learn
AIA Contract Documents education on AIAU:aiau.aia.org/aia-contract-documents
Questions about AIA document content:Email: [email protected].: (202) 626-7526
Questions about ACD5:Email: [email protected].: (800) 942-7732
Contact and ResourceInformation
A’17 AIA Conference on Architecture 2017April 27-29, Orlando
Thank You!