aia a133 commentary

B152 was renumbered in 2007 and modified to align, as applicable, with AIA Documents B1012007 and A2012007. If B1092010 is used for residential condominium projects, users should review and consider modifying B1092010. The document has been prepared for use with AIA Documents B1712013, Standard Form of Agreement Between Owner and Design Manager for use in a Multiple Project Program, and B1722013, Standard Form of Agreement Between Owner and Architect for Architect of Record Services. C1962008, Standard Form of Agreement Between Single Purpose Entity and Owner for Integrated Project Delivery 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 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. A133-2019/2009, Owner/CMc AgreementCost of the Work, with GMP A134-2019/2009, Owner/CMc AgreementCost of the Work, no GMP Contract Administration and Project Management Forms AIA Bond Form Commentary and Comparison, A310-2010/1970 and A312-2010/1984, Bid Bond, and Performance Bond and Payment Bond C4012007 SP is suitable for use with all types of consultants, including consulting architects. AIA Document B1952008 is a standard form of agreement between owner and architect for a project that utilizes integrated project delivery (IPD). AIA Document B1042007, Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope, coordinates with A1072007 and incorporates it by reference. C1722014, Standard Form of Agreement Between Owner and Program Manager for use on a Single Project Each would enter into a separate C102 agreement with the team manager. This document may be used with a variety of compensation methods. A1012007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum NOTE: G8052001 expired in 2009. Your request has been sent to the appropriate AIA Contract Documents Support group. C421 is suitable for use with all types of consultants, including consulting architects. The forms require the contractor to show the status of the contract sum to date, including the total dollar amount of the work completed and stored to date, the amount of retainage (if any), the total of previous payments, a summary of change orders, and the amount of current payment requested. The conflict resolution process is intended to foster quick and effective resolution of problems as they arise. 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. 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. B2052007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. 54 0 obj <> endobj AIA Document G8082001 is used for recording information about approvals and zoning and building code issues gathered in the course of providing professional services. AIA Document B2212014 is a Service Order that provides the Architects scope of services, and other terms pertinent to the specific Service Order. The Project Executive Team, also comprised of one representative from each of the parties, provides a second level of project oversight and issue resolution. 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 A1052007 is for use on a project that is modest in size and brief in duration, and where payment to the contractor is based on a stipulated sum (fixed price). 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. G8012007 (formerly G6052000), Notification of Amendment to the Professional Services Agreement During the Construction Phase, the CMa provides more review and analysis (e.g., of submittals by Contractors design professionals for sequencing, constructability, and coordination impacts on other Contractors) and coordination of on-site observation of tests and inspections. 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. A133-2019, 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. C421-2014 provides only the common terms and conditions that will be applicable to each Service Order and may incorporate by reference a preexisting owner-architect agreement known as the Prime Agreement. B2072008 provides for agreement on the number of architects representatives to be stationed at the project site, a schedule for the on-site representation, and the services that the on-site representative will perform. AIA Documents G7021992, Application and Certificate for Payment, and G7031992, Continuation Sheet, provide convenient and complete forms on which the contractor can apply for payment and the architect can certify that payment is due. (2) Update of Exhibit A relating to Construction Phase commencement and Substantial Completion Contract for Construction; A133- . G7422015, Application and Certificate for Payment for a Design-Build Project %%EOF It is often used for planning, feasibility studies, post-occupancy studies, and other services that require specialized descriptions. Agreement between Owner and Construction Manager: General Terms . 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. The consultant, who may or may not be an architect or other design professional, may perform a wide ranging array of services for the owner, including programming and planning, budgeting and cost estimating, project criteria development services, development of bridging documents, conducting construction, and administration services. A101-2017 Owner-Contractor Standard Agreement Stipulated Sum *REVISED*, A105-2017 Owner-Contractor Standard Agreement Small Project *REVISED*, A401-2017 Contractor-Subcontractor Agreement *REVISED*, A201-2017 General Conditions of the Contract for Construction *REVISED*, A103-2017 Owner-Contractor Standard Agreement Cost Plus Without GMP *REVISED*, AIA Store C196 provides the terms under which the owner member will fund the SPE in exchange for the design and construction of the project. AIA Document B1012007 is a one-part standard form of agreement between owner and architect for building design and construction contract administration. In spirit of this project delivery method and the industrys increasing efficiency, the AIA modified its A133 in four major ways: (1) expansion of the Preconstruction Phase Services, (2) update of Exhibit A relating to Construction Phase commencement and Substantial Completion, (3) addition of a new Exhibit B Insurance and Bonds, and (4) general alignment with the other AIA updates. B2092007, Standard Form of Architects Services: Construction Contract Administration, for use where the Owner has retained another Architect for Design Services A1332009 SP is intended for use on sustainable projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for construction of the project. AIA Document A5212012, Uniform Location of Subject Matter B1092010 contains terms and conditions that are unique to these types of projects. B108 is structured so that either the owner or the architect may be the entity providing cost estimates. Review your content's performance and reach. AIA Document G7442014 is a variation of AIA Document G7042000 and provides a standard form for the owner to certify the date of substantial completion. With both documents, the AIA opted for straightforward fill-in-the-blanks, as opposed to the previous open-ended approach. C1972008 is coordinated with C1952008 in order to implement the principles of integrated project delivery, including the accomplishment of mutually-agreed goals. AIA Document C1972008 provides the terms under which the non-owner members provide services to the SPE to complete the design and construction of the project. This highly collaborative process has the potential to result in a high quality project for the owner, and substantial monetary and intangible rewards for the other members. AIA Document B5032007 is not an agreement, but a guide containing model provisions for amending owner/architect agreements. B1022007 (formerly B1411997 Part 1), Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architects Services B1092010, Standard Form of Agreement Between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Project C1722014 is primarily intended to be used with the A2012007 family of documents. All rights reserved. AIA Document G8072001 is used as a single point of reference for basic information about project team members including the owner, architects consultants, contractor and other entities. One other unique update to the CMc documents relates to Substantial Completion. Under B1072010, the architects services consist of development of Permit Set Documents and limited construction phase services for the first residence of each prototype design constructed by the developer-builder in the development. 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 G808A2001, Construction Classification Worksheet, can be used to supplement AIA Document G8082001, which is used for recording information about approvals and zoning and building code issues gathered in the course of providing professional services. If the architect is providing construction phase services, B1062010 is intended to be used in conjunction with AIA Document A2012007, General Conditions of the Contract for Construction, which it incorporates by reference. Both the architect and the construction manager must certify the payment amount. For more complex projects, parties should consider using one of the following other owner/contractor agreements: AIA Document A1012007, A1022007 or A1032007. A1512007 (formerly A175ID2003), Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings and Equipment where the basis of payment is a Stipulated Sum A1342009 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. This scope requires the architect to identify and analyze the threats to a facility, survey the facility with respect to those threats, and prepare a risk assessment report. Use AIA Document G7362009 with AIA Document G7372009, Summary of Contractors Applications for Payment. One of the most recent AIA updates involves the AIA A133-2019, 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 ("A133-2019")." Background A1032007 adopts by reference, and is intended for use with, AIA Document A2012007, General Conditions of the Contract for Construction. In recent years, alternative project delivery methods, including construction management, have increased significantly in popularity due to Owners experiences with cost overruns and delayed delivery on traditional design-bid-build projects. 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. These factors, along with the time frame for construction, are important for an owner to investigate. AIA Document A1332009 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 contractor is required to list any exceptions to the sworn statement provided in G706A1994, and may be required to furnish to the owner a lien bond or indemnity bond to protect the owner with respect to such exceptions. B1012007 SP also includes a new scope of services section that sets forth services unique to sustainable projects. AIA Document G7031992 breaks the contract sum into portions of the work in accordance with a schedule of values prepared by the contractor as required by the general conditions. It allows the owner to tailor the proposal request to address the specific needs of the project. The document 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. B1332014 assumes that the Construction Manager will provide cost estimates and schedules for the Project. To design and construct the project, the company enters into separate agreements with the architect, construction manager, other non-owner members, and with non-member consultants and contractors. AIA Document B2072008 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. By swiftly adapting to updates to the American Institute of Architects ("AIA"), some contractors have the ability to reap the benefits of embracing change. A121-2014 is coordinated for use with AIA Document A2212014, Work Order for use with Master Agreement Between Owner and Contractor. G701CMa1992, Change Order, Construction Manager-Adviser Edition Basic services are based on five phases: schematic design, design development, construction documents, bidding or negotiation, and construction. If the team is awarded the project, the team manager will contract directly with the owner for the project. This integrated set of documents is appropriate for use on projects where the program manager only serves in the capacity of an adviser to the owner. AIA Document A1332009 SP is based on AIA Document A1332009, 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, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects). Like AIA Document A1412014, AIA Document A1422014 requires the parties to select the payment type from three choices: (1) Stipulated Sum, (2) Cost of the Work Plus Design-Builders Fee, and (3) Cost of the Work Plus Design-Builders Fee with a Guaranteed Maximum Price. The construction manager-adviser can then sign G736, have it notarized, and submit it along with the G737 to the architect. B2062007 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. NOTE: G702CMa1992 expired in 2010. B1052007 is intended for use with A1052007, which it incorporates by reference. NOTE: A511CMa1993 expired in 2010. 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. This article highlights the key updates made in the 2019 Construction Management documents. AIA Document A4012007 establishes the contractual relationship between the contractor and subcontractor. A1952008, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery Coordinated with AIA Document A201, General Conditions of the Contract for Construction, and its related documents, AIA Document A7011997 provides instructions on procedures, including bonding requirements, for bidders to follow in preparing and submitting their bids. B1012007 SP, Standard Form of Agreement Between Owner and Architect, for use on a Sustainable Project The purchase of FF&E is governed by the Uniform Commercial Code (UCC), and AIA Document A7512007 was developed to coordinate with the provisions of the UCC. By engaging construction managers early in the process, Owners gain valuable input and insight which helps them better manage their project budget and timeline. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Two other types of services are delineated in the document: optional services and additional services. G7031992, Continuation Sheet 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. Users should exercise independent judgment and may require the advice of legal counsel on deciding which documents are appropriate for a particular project. 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. The general conditions are an integral part of the contract for construction for a sustainable project, and A2012007 SP is incorporated by reference into AIA Document A1012007 SP, Standard Form of Agreement Between Owner and Contractor, for use on a Sustainable Project where the basis of payment is a Stipulated Sum. NOTE: B1811994 expired in May 2011. 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. A2512007 (formerly A275ID2003), General Conditions of the Contract for Furniture, Furnishings and Equipment NOTE: B1551993 expired in 2009. AIA Document C1952008 provides the framework for a collaborative environment in which the company operates in furtherance of cost and performance goals that the members jointly establish. B1212014, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Answers to Part C will follow as the contract documents are further developed. 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. 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. B2092007 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. Those agreements provide primarily only business terms and rely upon A2952008 for the architects services, the contractors pre-construction services, and the conditions of construction. Both AIA Documents B1712013 and C1712013 are based on the premise that one or more separate architects of record and construction contractors will also contract with the owner for final design and construction of each project. 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. It also requires that the architect review the contractors submittals and other documentation related to the systems to be commissioned, observe and document performance tests, train operators, and prepare a final commissioning report. Forgot login info? 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. The on-site representatives services include attending job-site meetings, monitoring the contractors construction schedule, observing systems and equipment testing, preparing a log of activities at the site, and maintaining on-site records. B2122010, Standard Form of Architects Services: Regional or Urban Planning A113 does not include design phases or construction administration services provided by a third-party architect. However, in AIA Document A1342009 the construction manager does not provide a guaranteed maximum price (GMP). 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). C1062013, Digital Data Licensing Agreement B2022009 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. The updated Exhibit A and 3.3.1.2 seek to address these realities as follows: The Construction Phase shall commence upon the Owners execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. AIA Document B1322009 SP is a standard form of agreement between owner and architect for use on sustainable projects where construction management services are to be provided under a separate contract with the owner. AIA Document B5092010, Guide for Supplementary Conditions to AIA Document B1092010, includes a discussion of potential risks that may be inherent in residential condominium construction and offers model language for inclusion in B1092010 to better allocate these risks. Its use can expedite payment and reduce the possibility of error. Though Exhibit B functions as an easier reference to these provisions, it is important to note that additional terms related to insurance are found in Article 11 of AIA Document A2012017. AIA Document G7092001 is not a change order or a direction to proceed with the work. AIA Document B5092010 is not an agreement, but a guide containing model provisions for modifying and supplementing AIA Document B1092010, Standard Form of Agreement between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Project. AIA Document A1452015 is intended to be used for a one or two family residential project and consists of the Agreement portion and Exhibit A, a Design-Build Amendment that is executed when the owner and design-builder have agreed on the Contract Sum. B5092010, Guide for Supplementary Conditions to AIA Document B1092010 for use on Condominium Projects NOTE: The AIA does not publish a standard schedule of values form. B2072008 (formerly B3522000), Standard Form of Architects Services: On-Site Project Representation This contract is used on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for . B102 does not include a scope of architects services, which must be inserted in Article 1 or attached as an exhibit. AIA Document A1412004 expires on December 31, 2015, and is replaced AIA Document A1412014. AIA Document A201 - 2007, 11.3.7 (emphasis added). 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. A1322009 SP is based on AIA Document A1322009, Standard Form of Agreement Between Owner and Contractor, 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). AIA Document C1322009 is not coordinated with, and should not be used with, documents where the construction manager acts as the constructor for the project, such as in AIA Document A1332009 or A1342009. AIA Document B1432004 expires on December 31, 2015, and is replaced AIA Document B1432014. G7012001, Change Order The parties may be all architects, all engineers, a combination of architects and engineers, or another combination of professionals. Although AIA Documents A105 and B105 share some similarities with other AIA agreements, the Small Projects family should NOT be used with other AIA document families without careful side-by-side comparison of contents. B1032007, Standard Form of Agreement Between Owner and Architect for a Large or Complex Project CAUTION: To avoid confusion and ambiguity, do not use this construction management document with any other AIA construction management document. 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. B1332014 is intended to be used with AIA Document A2012007, General Conditions of the Contract for Construction, which it incorporates by reference and either A1332009, 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 or 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. For example, the design-build entity may retain an Architect to only provide a Preliminary Design, while the Design-Builder will use either a separate Architect or its own forces to develop the Construction Documents and perform Contract Administration 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. 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. Side-by-side comparisons of current and previous editions. C1322009 SP is based on AIA Document C1322009, Standard Form of Agreement Between Owner and Construction Manager as Adviser, with modifications that address the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects). Basic services are performed in five phases: schematic design, design development, construction documents, bidding or negotiation, and construction. 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. NOTE: C8011993 expired in 2009. AIA Document B1722013 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. G7322009 (formerly G702CMa1992), Application and Certificate for Payment, Construction Manager as Adviser Edition C1022015 is not limited to use within a single project delivery method and can be used for responses to requests for proposals, design competitions, design-build competitions or public/private partnerships. And schedules for the project, the team manager will Contract directly with the owner for the project, aia! In 2009 membership has expired - last chance for uninterrupted access to free CLE and benefits. The accomplishment of mutually-agreed goals services, which it incorporates by reference of consultants, including accomplishment! 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Will provide cost estimates for residential condominium projects, parties should consider using of! Have it notarized, and is replaced aia Document A1412004 expires on December 31, 2015, and replaced... To foster quick and effective resolution of problems as they arise and A2012007 Subject. Then sign G736, have it notarized, and submit it along with the time frame for ;... Document A4012007 establishes the contractual relationship between the Contractor and subcontractor Furniture, and. By reference or negotiation, and is replaced aia Document A2212014, Work Order for use with Document. ( emphasis added ) and construction manager: General terms Support group, have it,. C1062013, Digital Data Licensing agreement B2022009 is a scope of services Document and. Renumbered in 2007 and modified to align, as applicable, with aia documents B1012007 and.. 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To align, as opposed to the CMc documents relates to Substantial Completion for!
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