aia a133 commentary

The A201-2007 Commentary provides explanations for many of the legal concepts and industry practices influencing the wording of particular A201 provisions. Forgot login info? AIA Contract Documents are divided into six alphanumeric series by document use or purpose. Understand your clients strategies and the most pressing issues they are facing. CAUTION: Do not use A2322009 in combination with agreements where the construction manager takes on the role of constructor, such as in AIA Document A1332009 or A1342009. AIA Document G8092001 establishes a brief, uniform description of project data to be used in the tabulation of architect marketing information and firm statistics. The SPE may also enter into agreements with non-member design consultants, specialty trade contractors, vendors and suppliers. Other times, the parties insert boilerplate language, such as the language found in an AIA Form, without considering how that language might impact the particular project. The specific services the consultant is required to perform are set forth within the document as well as the Integrated Scope of Services Matrix, which is part of the C1952008 Target Cost Amendment. AIA Document G7101992 is used by the architect to issue additional instructions or interpretations or to order minor changes in the work. Upon the owners acceptance of the proposal by execution of an amendment, the construction manager becomes contractually bound to provide labor and materials for the project and to complete construction at or below the guaranteed maximum price. AIA Document B1032007 was developed to replace B1411997 Parts 1 and 2, and B1511997 (expired 2009) specifically with respect to large or complex projects. The program manager assists the owner in an advisory capacity, on matters that impact the program, during design and construction. B1062010, Standard Form of Agreement Between Owner and Architect for Pro Bono Services A295 not only establishes the duties of the owner, architect and contractor, but also sets forth in detail how they will work together through each phase of the project: conceptualization, criteria design, detailed design, implementation documents, construction, and closeout. AIA Documents G7422015, Application and Certificate for Payment for a Design-Build Project, and G7432015, Continuation Sheet for a Design-Build Project, provide convenient and complete forms on which the design-builder can apply for payment and the owner can certify the amount due. Information compiled in AIA Document G8092001 can support planning for similar projects and answer questions pertaining to past work. By obtaining the suretys approval of final payment to the contractor and its agreement that final payment will not relieve the surety of any of its obligations, the owner may preserve its rights under the bond. Because the Uniform Commercial Code (UCC) governs the sale of goods and has been adopted in nearly every jurisdiction, A2512007 recognizes the commercial standards set forth in Article 2 of the UCC, and uses certain standard UCC terms and definitions. B1012007 SP, Standard Form of Agreement Between Owner and Architect, for use on a Sustainable Project B1032007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project AIA Document A1322009 is a standard form of agreement between owner and contractor for use on projects where the basis of payment is either a stipulated sum (fixed price) or cost of the work plus a fee, with or without a guaranteed maximum price. For larger and more complex projects, other AIA agreements are more suitable, such as AIA Document A1072007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. 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. B1032007 assumes that the owner will retain third parties to provide cost estimates and project schedules, and may implement fast-track, phased or accelerated scheduling. B108 is structured so that either the owner or the architect may be the entity providing cost estimates. B1012007 SP follows B1012007 in the division of services into Basic and Additional Services. 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 B2032007 is intended for use where the architect provides the owner with services to assist in site selection for a project. Each of them incorporates by reference AIA Document A2012007, General Conditions of the Contract for Construction. 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. AIA Document G8082001 is used for recording information about approvals and zoning and building code issues gathered in the course of providing professional services. Modifications to G7021992 are shown as tracked changes revisionsthat is, additional material is underlined; deleted material is crossed out. Services are divided along the traditional lines of basic and additional services. AIA Document B2042007 establishes duties and responsibilities when the owner has employed a Value Analysis Consultant. A1342009 SP is coordinated for use with AIA Documents A2012007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, and B1032007 SP, Standard Form of Agreement Between Owner and Architect for a Large or Complex Sustainable Project. The form asks the requesting party to list the relevant drawing, specification or submittal reviewed in attempting to find the information. AIA Document A5032007 is not an agreement, but is a guide containing model provisions for modifying and supplementing AIA Document A2012007, General Conditions of the Contract for Construction. A1342009 SP is based on AIA Document A1342009, 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 Guaranteed Maximum Price, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects). AIA Document A1512007 is intended for use as the contract between owner and vendor for furniture, furnishings and equipment (FF&E) where the basis of payment is a stipulated sum (fixed price) agreed to at the time of contracting. The new Exhibit B is the fraternal twin of the A102-2017s Exhibit A. C4412014 was written to ensure consistency with AIA Document B1432014, Standard Form of Agreement Between Design-Builder and Architect, and with other documents in the AIA 2014 Design-Build family of documents. AIA A133, or some abbreviated reference thereof, shall mean the AIA Document A133-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor, SCOSE Edition. Use of C422 plus a Master Agreement creates a contract, referred to as the Service Agreement, that includes both the terms and the scope of services. Building Excellence for Massachusetts. A251 was renumbered in 2007 and was modified, as applicable, to coordinate with AIA Document A2012007. NOTE: A121CMc2003 expired in 2010. 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. 2|zXS7t wl)/P -1340/R 4/StmF/StdCF/StrF/StdCF/U(x&>{k )/V 4>> endobj 56 0 obj <> endobj 57 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 58 0 obj <>stream B1952008, Standard Form of Agreement Between Owner and Architect for Integrated Project Delivery A1422004, Agreement Between Design-Builder and Contractor. 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. A-Series: Owner/Contractor Agreements; B-Series: . For questions about the content of specific documents, which document to use, or how to complete a document, call (202) 626-7526 or contact docinfo@aia.org. AIA Document A1332009 is coordinated for use with AIA Documents A2012007, General Conditions of the Contract for Construction, and B1332014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. If the design-build entity lacks the internal capacity to provide architectural services, or is required to separately contract for architectural services by virtue of local license regulations or other legal requirements, the design-build entity can use B143 to enter into an agreement with an Architect to perform all of the architectural services on the Project. Like with the Owner-CMc Agreements (A133-2019 and A134-2019), the AIA updated the Owner-Architect Agreement (B133-2019) under a CMc delivery method, for consistency with the 2017 Owner-Architect Agreements. A101 is suitable for large or complex projects. AIA Document C1912009 provides the framework for a collaborative environment in which the parties operate in furtherance of cost and performance goals that the parties jointly establish. AIA Document C1992010 is a standard form of agreement between a single purpose entity (the SPE) and a contractor. B2142012 may be (1) incorporated into the owner/architect agreement as the architects sole scope of services or in conjunction with other scopes 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. C4412008, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project. B2142012 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. AIA Document A1032007 is not intended for use in competitive bidding. A145-2015, Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project. AIA Document B1032007 SP is a standard form of agreement between owner and architect intended for use on large or complex sustainable projects. Under A2322009, 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. Thereafter, the Design-Builder will review the Owners Criteria, develop a Preliminary Design and then provide a proposal to the Owner regarding the Contract Sum. AIA Document C4012007 is a standard form of agreement between the architect and the consultant providing services to the architect. It provides model language with explanatory notes to assist users in adapting AIA Document A2012007 to specific circumstances. B2022009 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. AIA Document B1012007 is a one-part standard form of agreement between owner and architect for building design and construction contract administration. A295 requires that the parties utilize building information modeling. D503 also contains an in depth, section-by-section commentary on AIA Sustainable Project documents A1012007 SP, A2012007 SP, A4012007 SP, B1012007 SP and C4012007 SP and AIA Document B2142012, Architects Services: LEED Certification. Through a table completed for each project, AIA Document G2022013 assigns authorship of each model element by project milestone. AIA Document G703S1992 modifies AIA Document G7031992 for use by subcontractors. C4012007 SP is based on AIA Document C4012007, Standard Form of Agreement Between Architect and Consultant, with modifications to coordinate its use with the other Sustainable Projects documents in the Conventional (A201) family of AIA Contract Documents. The agreement divides the construction managers services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. B108 sets forth five traditional phases of basic services: schematic design, design development, construction documents, bidding or negotiation, and construction. AIA Document B2072008 establishes the architects scope of services when the architect provides an on-site project representative during the construction phase. These forms are designed for a project where a construction manager is employed as an adviser to the owner, but not as a constructor, and where multiple contractors have separate, direct agreements with the owner. 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. Additionally, the design manager provides limited architectural services for each project in the program. AIA Document G6011994 allows owners to request proposals from a number of surveyors based on information deemed necessary by the owner and architect. Unlike the design-bid-build delivery method that follows a linear process, i.e., where, design precedes construction, the CMc delivery method does not. Like under the CMc documents, the CMa works collaboratively with the Owner and Architect to establish BIM and digital data protocols and is designated as the Responsible Project Participant under E203-2013. . AIA Document G706A1994 supports AIA Document G7061994 in the event that the owner requires a sworn statement of the contractor stating that all releases or waivers of liens have been received. NOTE: B3522000 expired in 2010. B1032007 SP, Standard Form of Agreement Between Owner and Architect for a Large or Complex Sustainable Project The new documents incorporate evolving trends identified by industry participants and liaisons, as well as the 2017 updates to the AIAs flagship design-bid-build documents. This document may be used with a variety of compensation methods. A1332009 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 with a Guaranteed Maximum Price, for use on a Sustainable Project AIA Document B2012007 replaces AIA Document B1411997 Part 2 (expired 2009). In response to feedback from some of the larger construction management firms across the country, the CMc Agreements now (1) allow the parties greater flexibility in crafting the CMcs scope for Preconstruction Phase services, (2) provide a greater role for the CMc in advising and making recommendations to the Owner and architect on proposed site use and improvements, constructability, and schedules, and selection of materials, building systems, and equipment during the Preconstruction Phase, (3) obligate the CMc to work collaboratively with the Owner and Architect to establish BIM and digital data protocols, consult with the Architect regarding design delegation services to be provided by the CMc in the Construction Phase, and furnish a Preconstruction services staffing plan, all during the Preconstruction Phase. 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. Agreement between Owner and Construction Manager: General Terms . B2042007, Standard Form of Architects Services: Value Analysis, for use where the Owner employs a Value Analysis Consultant Each contractor submits separate AIA Documents G7322009 and G7031992, payment application forms, to the construction manager-adviser, who collects and compiles them to complete G7362009. When duly executed, AIA Document G707A1994 assures the owner that such reduction or partial release of retainage does not relieve the surety of its obligations. AIA Document B2072008 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. Similarly, the AIA took a realistic approach when it comes to Substantial Completion in Exhibit A. An interactive B106 form is available free of charge from AIA Documents on Demand. G7432015, Continuation Sheet for a Design-Build Project Additionally, although prior iterations of the CMc Agreements did not include a performance standard or any insurance obligations for the CMc during Preconstruction Phase services, the 2019 documents (1) include a new standard of care that requires the CMc to exercise reasonable care in performing its Preconstruction Services, and (2) contain insurance requirements for the CMc during the Preconstruction Phase that mirror the insurance requirements for the Architect. A2012007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project AIA Document A4412014 establishes the contractual relationship between the contractor and subcontractor in a design-build project. AIA Document B2092007 establishes duties and responsibilities when an architect provides only construction phase services and the owner has retained another architect for design services. C1992010 is intended to be a flexible document. B1622002 (formerly B621INT2002), Abbreviated Standard Form of Agreement Between Client and Consultant for use where the Project is located outside the United States G706A1994, Contractors Affidavit of Release of Liens Under some circumstances, B3051993 may be attached to the owner/architect agreement to showfor example, the team of professionals and consultants expected to be employed on the 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. If the architect finds that the work is substantially complete, the form is prepared for acceptance by the contractor and the owner, and the list of items to be completed or corrected is attached. Like with the CMc documents, the AIA updated all of the CMa Agreements for consistency with the 2017 revisions to the design-bid-build documents and created E235-2019, a Sustainable Projects Exhibit, which incorporates the role of the CMa throughout the sustainability process. C1962008, Standard Form of Agreement Between Single Purpose Entity and Owner for Integrated Project Delivery AIA Contract Documents are divided into six alphanumeric series by document use or purpose. 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. It provides model language with explanatory notes to assist users in adapting AIA Document B1092010 for use on condominium projects. AIA Document B1422004 expires on December 31, 2015, and is replaced AIA Document C1412014. G6011994 may be executed to form the agreement between the owner and the land surveyor once an understanding is reached. G7042000, Certificate of Substantial Completion AIA Document C1322009 is coordinated for use with AIA Document B1322009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. Such minor changes are authorized under Section7.4 of AIA Document A2012007. G701CMa1992, Change Order, Construction Manager-Adviser Edition However, in AIA Document A1342009 SP the construction manager does not provide a guaranteed maximum price (GMP). Additionally, a fixed price contract may actually best serve the developer's interests and needs, in which case an A101 . AIA Document A2952008, provides the terms and conditions for AIA Documents A1952008 Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery, and B1952008, Standard Form of Agreement Between Owner and Architect for Integrated Project Delivery, both of which incorporate AIA Document A2952008 by reference. AIA Document A1332009 is intended for use on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for construction of the project. AIA Document B5032007 is not an agreement, but a guide containing model provisions for amending owner/architect agreements. NOTE: A3102010 replaces A3101970 (expired December 2011). The owner/contractor agreement is jointly administered by the architect and the construction manager under AIA Document A2322009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. AIA Document B1032007 is a standard form of agreement between owner and architect intended for use on large or complex projects. AIA Document A3102010, a simple, one-page form, establishes the maximum penal amount that may be due to the owner if the selected bidder fails to execute the contract or fails to provide any required performance and payment bonds. Meet Tamara Harrington Forums Associate Director! +"+- =*Oll[^3d@X|5l"$6PLFQ2yEJ~R0~xVGX*DDR;z/Pk{_ s. 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. AIA Document G714CMa1992 serves the same purpose as AIA Document G7142007, except that this document expands responsibility for signing construction change directives to include both the architect and the construction manager. D2001995, Project Checklist This document anticipates that the developer-builder will have extensive control over the management of the project, acting in a capacity similar to that of a developer or speculative builder of a housing project, and that the developer-builder is an entity that has experience with applicable residential building codes, selection of materials and systems, and methods of installation and construction. NOTE: A775ID2003 expired in 2009. G701S2001, Change Order, Subcontractor Variation These two documents define the owners requirements for a vendor to provide a complete quotation for the work. Like its design-bid-build and design-build families of documents, the AIA updates its Construction Management documents on a ten-year cycle. AIA Document G701S2001 modifies AIA Document G7012001 for use by subcontractors. For more complex projects, parties should consider using one of the following other owner/contractor agreements: AIA Document A1012007, A1022007 or A1032007. The scope of services in AIA Document B2522007 is substantially similar to the services described in AIA Document B1522007. A134-2019, on the other hand, contains an entirely new section that allows the parties to establish in the Agreement itself a date for Substantial Completion. CAUTION: To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document. 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. The lowercase substantial completion date applicable to each Contractors Work is established in the A132-2019 Owner-Contractor Agreement. A2212014, Work Order for use with Master Agreement Between Owner and Contractor B1092010 is based on AIA Document B1032007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project. G7052001 (formerly G8052001), List of Subcontractors AIA Document C1322009 SP 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 a sustainable project. NOTE: B171ID2003 expired in 2009. B1032007 SP assumes that the owner will retain third parties to provide cost estimates and project schedules, and may implement fast-track, phased or accelerated scheduling. Renumbered in 2007 and was modified, as applicable, to coordinate aia... 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