These documents can be purchased electronically on aiacontracts.org. The electronic format facilitates processing by making the changes made clearly visible and creating a professional final document. These treatment agreements are intended for two important purposes. First, they save a lot of time and effort by eliminating the search for revisions line by line, word for word. This allows the parties to focus on the magnitude and impact of the changes. Second, editorial conventions promote open communication and trust. All standard agreements can – and should – be adapted to the circumstances of a particular project, as well as to the needs of the architect and the owner. In addition, the architect may terminate the contract if the owner suspends the project for “more than 90 cumulative days for reasons other than the architect`s fault.” In this scenario, the owner may continue to use the license if the owner pays a fee to the architect. Choosing the most appropriate AIA agreement at the beginning of a project simplifies the drafting of contracts and provides a solid basis for communication between the architect and the owner. This is the first of two articles dealing with common ownership issues in the form of design contracts and works. This article deals with architectural services contracts, while the accompanying article (to be published in an upcoming edition of Practical Real Estate Lawyer) focuses on work contracts.
When selecting a contract for a project, consider the method used to execute cost estimation and planning operations. If a project follows the traditional method of assigning these tasks to the architect and the acquisition is through offers or negotiations, B101 is appropriate. However, when the owner assigns an advisor to provide cost estimates and planning services during the design and the acquisition is made through offers or negotiations, B103 provides more specific conditions to respond to this situation. B132 offers an optional choice if the owner has hired a site manager for construction and construction work, but nevertheless intends to offer or negotiate the contract for work based on the design. When a general contractor acts as site manager and builds the project, B133 is the form to be taken into account. Currently, the two most common families of form design and construction contracts are the AIA (American Institute of Architects) and the ConsensusDocs Forms (formerly AGC) (Association of General Contractors)). The history of the AIA, ConsensusDocs and other forms of occupational groups is the subject of a number of other articles available. While there are significant differences between the AIA and ConsensusDocs forms, the most commonly used groups of forms, these two families of documents have a lot in common and deal with many problems in the design and design process in the same or very similar way.