Summary: B133™–2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition

Content.

Synopsis

Purpose

Related documents

Dispute Resolution—Mediation and Arbitration

 

Synopsis.

AIA Document B133–2014 is a standard form of agreement between Owner and Architect intended for use on projects where an Owner employs a Construction Manager to act as an adviser during the preconstruction phase. 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 Owner’s review and acceptance. Thereafter, the Construction Manager constructs the Project on a Cost of the Work Plus a Fee basis, either with or without a Guaranteed Maximum Price, and the Architect provides Contract administration services during the construction phase. B133–2014 assumes that the Construction Manager will provide cost estimates and schedules for the Project. B133–2014 is intended to be used with AIA Document A201®–2017, General Conditions of the Contract for Construction, which it incorporates by reference and either A133–2009, 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 A134–2009, 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 use and execution of a document, see its instructions  »

 

Purpose. 

AIA Document B133–2014 is a standard form of agreement between Owner and Architect intended for use on projects where an Owner employs a Construction Manager to act as an adviser during the preconstruction phase. 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 Owner’s review and acceptance. Thereafter, the Construction Manager constructs the Project on a Cost of the Work Plus a Fee basis, either with or without a Guaranteed Maximum Price, and the Architect provides Contract administration services during the construction phase.

In B133–2014 the Architect does not prepare cost estimates, but agrees to design the Project to meet the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services. B133–2014 assumes that the Construction Manager will provide cost estimates and schedules for the Project.

 

B133–2014 is intended to be used with AIA Document A201–2017, General Conditions of the Contract for Construction, which it incorporates by reference, and either A133–2009, 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 A134–2009, 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.

Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission.

 

Dispute Resolution—Mediation and Arbitration.

This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act.

The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at adr.org.

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