Summary
This article provides an overview of contract structures across various project delivery methods, including Design-Bid-Build, Construction Manager as Adviser (CMa), Construction Manager as Constructor (CMc), Design-Build, and Integrated Project Delivery (IPD). It highlights document classifications, responsibilities, and relationships for each approach, helping professionals streamline collaboration, define roles, and manage risks effectively. AIA document references ensure clarity and compliance for different project scopes and complexities.
Contents
- Conventional (A201) Design-Bid-Build
- Small Projects
- Interiors
- Construction Manager as Adviser (CMa)
- Construction Manager as Constructor (CMc)
- Collaborative Construction Management
- Design-Build (Traditional)
- Design-Build (Progressive)
- Facility Management Family (F Series)
- Integrated Project Delivery (IPD) – Transitional Documents
- Integrated Project Delivery (IPD) – Multi-Party Agreement
- Integrated Project Delivery (IPD) – Single Purpose Entity (SPE)
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Conventional (A201) Design-Bid-Build
Key attributes:
- For use when the Owner’s project is divided into separate contracts for design (Architect) and construction (Contractor).
- Suitable for conventional project delivery (design‐bid‐build).
- Owner retains Architect.
- Architect and his/her Consultants prepare drawings and specifications.
- Architect assists Owner in obtaining bids/proposals, and then Owner awards contract(s) for construction.
- Contractor(s) and Surety(ies) obligate to Owner for bid, performance and payment bonds.
- Contractor and Subcontractors build the work.
- AIA Documents A101®, A102™, and A103™ each include a separate Exhibit A, Insurance and Bonds, that is used to establish key insurance terms for the Project.
Contract relationships:
Documents: A101®, Owner/Contractor Agreement—Stipulated Sum; A102™, Owner/Contractor Agreement—Cost of the Work Plus a Fee, with GMP; A103™, Owner/Contractor Agreement—Cost of the Work Plus a Fee, No GMP; A104™, Abbreviated Owner/Contractor Agreement; A201®, General Conditions of the Contract for Construction; A310™, Bid Bond; A312™, Performance Bond/Payment Bond; A313™, Warranty Bond; A401™, Contractor/Subcontractor Agreement; A105™, Owner/Contractor Agreement; B101™, Owner/Architect Agreement; B103™, Owner/Architect Agreement—Complex Project; B104™, Abbreviated Owner/Architect Agreement; C103™, Owner/Consultant Agreement; and C401™, Architect/Consultant Agreement; C402™, Standard Form of Agreement Between Architect and Consultant for Special Services.
* A104/A105 and B104/B105 are intended to be used for smaller projects or projects of limited scope. A104 and A105 combine the owner/contractor agreement with abbreviated General Conditions. If C401 and A401 are used with B104 and A104, appropriate modifications should be made with the assistance of insurance and legal counsel.
Small Projects
Key attributes:
- Suitable for projects of relatively low cost and brief duration.
- These documents —AIA Documents B105™ and A105™— are, in effect, conventional design‐bid‐build documents (i.e., B101™ and A101® /A201®) “stripped down” to the essentials.
- These documents feature the use of stipulated sum and integrated general conditions.
Contract relationships:
Documents: A105™, Short Form Owner/Contractor Agreement; and B105™, Short Form Owner/Architect Agreement.
Interiors
Key attributes:
- For use when the owner’s project is divided into separate contracts for architectural interior design and FF&E design to be performed by an architect, construction to be performed by a contractor, and the sale of furniture, furnishings, and equipment (FF&E) to be provided by a vendor.
- Suitable for conventional project delivery (design‐bid‐build).
- The owner retains an architect to perform architectural interior design services and FF&E selection services.
- The architect and his/her consultants prepare two packages of drawings and specifications – the construction documents for construction work that will be performed by a contractor and FF&E documents for goods that will be provided by a vendor.
- The architect assists the owner in obtaining bids or proposals for the construction work and procurement of FF&E goods.
- The owner has separate contracts for construction work (to be performed by a contractor) and the sale of FF&E goods (to be provided by a vendor)
- The contractor and subcontractors perform the construction work, while the vendor provides the FF&E goods.
- The B254-2019, Purchasing Agent Services for Furniture, Furnishings, and Equipment (FF&E) is a scope of services document that can be used in situations where an architect is expected to assist an owner in purchasing FF&E and managing FF&E contracts.
Contract relationships:
Documents: B152™, Owner/Architect Agreement for Architectural Interior Design Services; B252™, Standard Form of Architect’s Services – Architectural Interior Design; B253™, Standard Form of Architect’s Services for Furniture, Furnishings and Equipment Design; B254™, Standard Form of Architect’s Services for Purchasing Agent Services for Furniture, Furnishings and Equipment (FF&E); A151™, Owner/Vendor Agreement for Furniture, Furnishings and Equipment (FF&E); and A152™, Purchase Order.
B252, B253, B254 provide scope of services only. Must be combined with B102™, Owner/Architect Agreement without a Predefined Scope of Architect’s Services or other owner/architect agreement.
** A751™, Invitation and Instructions for Quotation for Furniture, Furnishings and Equipment can be used to solicit quotes from potential vendors.
* A104™, Abbreviated Owner/Contractor Agreement and A105™, Owner/Contractor Short Form Agreement are stand-alone agreements that do not require a separate general conditions document.
Construction Manager as Adviser (CMa)
Key attributes:
- Owner retains an Architect and a Construction Manager, who acts as an additional adviser to the Owner.
- Contractor(s) and Subcontractor(s) are responsible for construction.
- Construction Manager gives Owner construction management advice through design and construction phases — increased expertise in managing a project from start to finish.
- A Sustainable Projects Exhibit for CMa is available to tailor the roles of the parties for those projects.
Contract relationships:
Documents: A132™, Owner/Contractor Agreement, CMa Edition; A232™, General Conditions of the Contract for Construction, CMa Edition; A401™, Contractor/Subcontractor Agreement; B132™, Owner/Architect Agreement, CMa Edition; C132™, Owner/Construction Manager as Advisor Agreement; and C401™, Architect/Consultant Agreement; C402™, Standard Form of Agreement Between Architect and Consultant for Special Services.
Construction Manager as Constructor (CMc)
Key attributes:
- Single party (Construction Manager) provides construction management services in the pre‐construction phase and then completes construction (Constructor).
- Gives Construction Manager (Constructor) responsibility and control over construction work via direct contract(s) with Subcontractor(s).
- Construction phase services are paid on the basis of cost of work plus a fee either with (AIA Document A133™) or without (AIA Document A134™) a Guaranteed Maximum Price.
- A Sustainable Projects Exhibit for CMc is available to tailor the roles of the parties for those projects.
Contract relationships:
Documents: A133™, Owner/Construction Manager as Constructor Agreement, where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price; A134™, Owner/Construction Manager as Constructor Agreement, where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price; A201®, General Conditions of the Contract for Construction; A401™, Contractor/Subcontractor Agreement; B133™, Owner/Architect Agreement, Cmc Edition; and C401™, Architect/Consultant Agreement; C402™, Standard Form of Agreement Between Architect and Consultant for Special Services.
Collaborative Construction Management
Key attributes:
- Uses the same basic structure and compensation methods as in AIA Contract Documents Construction Manager as Constructor documents.
- Incorporates elements of Integrated Project Delivery (IPD), such as open communication and team management.
- Preconstruction services include design phases and a detailed scope, such as recommendations on constructability of the Project and page-by-page reviews.
- Construction phase includes collaboration in schedule development between all parties.
- For claims not settled by the Project Management Team as Initial Decision Maker, party executives are required to meet and confer before mediation.
Contract relationships:
Documents: A135™, Standard Form of Agreement Between Owner and Construction Manager as Constructor for Collaborative Project Delivery where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price; A201®, General Conditions of the Contract for Construction; A401®, Standard Form of Agreement Between Contractor and Subcontractor;B135™, Standard Form of Agreement Between Owner and Architect for a Collaborative Project, Construction Manager as Constructor Edition; C103, Standard Form of Agreement Between Owner and Consultant without a Predefined Scope of Consultant’s Services; C401™, Standard Form of Agreement Between Architect and Consultant; C402™, Standard Form of Agreement Between Architect and Consultant for Special Services.
Design-Build (Traditional)
Key attributes:
- Owner enters into a contract with a single entity Design‐Builder.
- Design‐Builder is then obligated to both design and construct the project.
- Owner may also hire a Consultant to assist Owner in working with Design‐Builder.
- Design‐Builder then enters into contracts with Architect and/or Construction Subcontractor(s), if necessary.
- Design‐Builder may be:
-
- a Developer or Single Purpose Entity (design and construction in one shop).
- an Architect‐led organization.
- a Contractor‐led organization (most often the case).
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- For an abbreviated Owner/Design Builder agreement, see AIA Document A145™, Standard Short Form Agreement Between Owner and Design-Builder for a Design-Build Project.
Contract relationships:
Documents: A141™, Owner/Design‐Builder Agreement for a Traditional Design-Build Project; A145™, Short Form Owner/Design‐Builder Agreement for a Traditional Design-Build Project; ; A441™, Design-Builder/Subcontractor Agreement for a Design‐Build Project; B141™, Design‐Builder/Architect Agreement for a Traditional Design-Build Project; C141™, Owner/Consultant Agreement for a Design‐Build Project; and C441™, Architect/Consultant Agreement for a Design‐Build Project.
Design-Build (Progressive)
Key attributes:
- Owner enters into a contract with a single entity Design‐Builder.
- Design‐Builder is then obligated to both design and construct the project. Unlike traditional design-build, the Owner is much more involved in evolution of the project’s design.
- Owner may also hire a Consultant to assist Owner in working with Design‐Builder.
- Design‐Builder then enters into contracts with Architect and/or Construction Subcontractor(s), if necessary.
- Design‐Builder may be:
- a Developer or Single Purpose Entity (design and construction in one shop).
- an Architect‐led organization.
- a Contractor‐led organization (most often the case).
- Unlike in traditional design-build, progressive does not have a short form agreement.
Contract relationships:
Documents: A141™PDB, Owner/Design‐Builder Agreement for a Progressive Design-Build Project; , Design-Builder/Subcontractor Agreement for a Design‐Build Project; A441™, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project; B141™PDB, Design‐Builder/Architect Agreement for a Progressive Design-Build Project; C141™, Owner/Consultant Agreement for a Design‐Build Project; and C441™, Architect/Consultant Agreement for a Design‐Build Project.
Facility Management Family (F Series)
Key attributes:
- For use by building owners, facility managers, and facility maintenance contractors to hire a contractor or a consultant to perform any building repair, maintenance, or improvement work or related services on an existing facility or facilities.
- Facility focused purchase order that can be used to buy nearly any kind of goods for use in a Facility, including furniture, office equipment and supplies, and appliances.
- Streamlined invoicing - no application for payment. No architect certification.
- Fill points to describe any facility access requirements and any work schedule restrictions, such as limited hours or specific days when the work can take place.
- Flexible scope of services to accommodate any work or services needed.
- The facilities maintenance documents involve two distinct types of maintenance work: as-needed services (e.g., roof repairs, façade painting, parking lot striping, HVAC repairs, small building projects); and ongoing services (e.g., HVAC maintenance, cleaning services, lawn care, and snow removal).
- The facilities maintenance agreements include two different contracting methods: a master maintenance agreement (e.g., a master agreement sets overarching terms and can apply to one or more work orders that define specific tasks or projects, as needed); and a stand-alone agreement (e.g., the agreement defines all terms and conditions for a specific project).
Contract relationships:
Master Maintenance Agreement Method
Stand-Alone Agreement Method
Documents: F101™, Master Maintenance Agreement; F102™, Master Maintenance Agreement – As-Needed Maintenance Work; F103™, Maintenance Agreement – Ongoing Maintenance Work; F104 Purchase Order; F201™, Work Order – As-Needed Maintenance Work; F202™, Work Order – Ongoing Maintenance Work; F301™, Client/Consultant Agreement; and F311™, Consultant’s Services: Facility Condition Assessment.
Integrated Project Delivery (IPD) – Transitional Documents
Key attributes:
- Integrated Project Delivery is an emerging process and these Transitional Agreements are a comfortable first step to IPD.
- A collaborative project delivery approach that utilizes the talents and insights of all project participants through all phases of design and construction.
- Structured similar to existing Construction Manager as Constructor agreements.
Contract relationships:
Documents: A195™, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery; A401™, Contractor/Subcontractor Agreement; A295™, General Conditions of the Contract for Integrated Project Delivery; B195™, Standard Form of Agreement Between Owner and Architect for Integrated Project Delivery; C401™, Architect/Consultant Agreement; and C402™, Standard Form of Agreement Between Architect and Consultant for Special Services.
*If A401 or C401 is to be used on a project with the Transitional Forms, appropriate modifications should be made with the assistance of insurance and legal counsel.
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Integrated Project Delivery (IPD) – Multi-Party Agreement
Key attributes:
- These Agreements more fully integrate the project parties into IPD.
- Owner, Architect, and Contractor, at a minimum, enter into one contract (Multi‐Party Agreement).
- The Multi‐Party Agreement allows for the sharing of risk and reward in a fully integrated collaborative process.
Contract relationships:
Documents: A401™, Contractor/Subcontractor Agreement; C191™, Multi‐Party Agreement for Integrated Project Delivery; and C401™, Architect/Consultant Agreement; and C402™, Standard Form of Agreement Between Architect and Consultant for Special Services.
*If A401 or C401 is to be used on a project with the Multi‐Party Agreement, appropriate modifications should be made with the assistance of insurance and legal counsel.
Integrated Project Delivery (IPD) – Single Purpose Entity (SPE)
Key attributes:
- These Agreements more fully integrate the project parties into IPD.
- Creates a limited liability company (Single Purpose Entity) for the purpose of furnishing the planning, design, and construction of the project through separate contracts with appropriate entities.
- The Single Purpose Entity (SPE) allows for complete sharing of risk and reward in a fully integrated collaborative process.
Contract relationships:
Documents: C195™, SPE Agreement for Integrated Project Delivery; C196™, SPE/Owner Agreement for IPD; C197™, SPE/Non‐Owner Member Agreement for IPD; C198™, SPE/Consultant Agreement for IPD; and C199™, SPE/Contractor Agreement for IPD.