Summary:
A quick overview of "B201™–2017, Standard Form of Architect’s Services: Design and Construction Contract Administration". Learn about Related documents, Changes from previous edition, and dispute Resolution from B201.
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Content.
Changes from the previous edition
Synopsis.
AIA Document B201–2017 replaces AIA Document B201–2007. AIA Document B201–2017 defines the architect’s traditional scope of services for design and construction contract administration in a standard form that the owner and architect can modify to suit the needs of the project. The services set forth in B201–2017 parallel those set forth in AIA Document B101™–2017: the traditional division of services into basic, supplemental, and additional services, with five phases of basic services. B201–2017 may be used in two ways: (1) incorporated into the owner/architect agreement as the architect’s sole scope of services or in conjunction with other scope of services Document, or (2) attached to AIA Document G802™–2017, Amendment to the Professional Services Agreement, to create a modification to an existing owner/architect agreement. B201–2017 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. For use and execution of a document, see its instructions »
Purpose.
AIA Document B201–2017 provides the Architect’s scope of services for Design and Construction Contract Administration in a standard form the Owner and Architect can modify to suit the needs of the Project. B201–2017 replaces AIA Document B201–2007.
The services set forth in B201–2017 parallel those in AIA Document B101–2017, Agreement Between Owner and Architect, and thus requires the Architect to provide the traditional five phases of Basic Services: Schematic Design, Design Development, Construction Documents, Procurement, and Construction. In addition to Basic Services, B201–2017 also contains provisions for Supplemental Services, which are identified as the Architect’s responsibility at the time the agreement is executed, and Additional Services, which may arise as the Project proceeds. This document may be used with a variety of compensation methods, including percentage of construction cost and stipulated sum.
B201–2017 assumes that the Architect will provide cost estimates and will design the Project to meet the Owner’s budget for the Cost of the Work. If the Owner will retain a thirdparty to provide cost estimates, or if the Project will implement fast track, phased or accelerated scheduling, the parties should consider using AIA Document B103™–2017, Standard Form of Agreement Between Owner and Architect for a Complex Project.
B201–2017 is not a stand-alone document and to become effective it must be incorporated into an owner-architect agreement. It may be used with AIA Document B102™–2017, Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect’s Services, to provide the Architect’s sole scope of services, or with B102–2017 in conjunction with other standard form services documents. It may also be incorporated into any owner-architect agreement when the agreement is executed or used with G802™–2017, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement.
Related documents.
B201–2017 is intended to be used in conjunction with AIA Document A201–2017, General Conditions of the Contract for Construction, which it incorporates by reference. B201–2017 also can be used with Architect-Consultant agreements such as AIA Document C401™–2017.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission and may use E203™–2013, Building Information Modeling and Digital Data Exhibit, for that purpose.
Changes from the previous edition.
AIA Document B201–2017 contains a number of significant format and content changes from B201–2007. A key formatting change between B201–2017 and B201–2007 is that B201–2017 does not include an optional Exhibit A for Initial Information. B201–2017 Article 1 has been expanded to include the detailed Initial Information that was previously required in Exhibit A, doing away with the need for the optional Exhibit. B201–2017 also reformats the Additional Services article. B201–2007 included two types of Additional Services: 1) Additional Services that were identified and contracted for at the time the Agreement was executed, and 2) Additional Services that arose as the project proceeded. To avoid the potential confusion caused by having two types of Additional Services, B201–2017 has re-categorized the first type of Additional Services as Supplemental Services. Accordingly, in B201–2017, Supplemental Services refers to services that are not included as Basic Services but that are identified as the Architect’s responsibility at the time the Agreement is executed. Additional Services now refer only to those services that may arise as the Project proceeds.
There are many other changes to foster clarity in this Agreement. Described below are highlights of major changes in B201–2017.
Article 1 – Initial Information
§ 1.1.6 Sustainable Objective. Sustainable design and construction continues to rapidly evolve as owners are increasingly interested in incorporating sustainable features into projects. B101–2017 addresses current industry practices relating to sustainable design. Section 1.1.6 requires the Owner to identify any anticipated Sustainable Objective it may have for the Project. The Sustainable Objective is the Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. If the Owner identifies a Sustainable Objective, the parties will incorporate AIA Document E204–2017, Sustainable Projects Exhibit, into the Agreement to establish a process for creating a Sustainability Plan that will clearly define the parties’ responsibilities in terms of pursuing the Sustainable Objective. For more information on participating on a project with a Sustainable Objective, download AIA Document D503™, Guide for Sustainable Projects.
Article 4 – Owner’s Responsibilities
§ 4.9 Direct Communications. New language has been added clarifying that the Architect must be directly involved in any communications that relate to or affect the Architect’s services or professional responsibilities on the Project. To the extent direct communications between the Owner and Contractor otherwise occur, the Owner is required to subsequently notify the Architect as to the substance of any such communications relating to the Project.
Article 5 – Cost of the Work
§ 5.7 Architect’s Redesign Obligation. B201–2007 required the Architect to provide redesign services without additional compensation if the lowest bona fide bid or negotiated proposal exceeded the Owner’s budget for the Cost of the Work. This obligation remains in B201–2017, however, an exception has been added, stating that the redesign services shall be compensated as an Additional Service if the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget due to market conditions the Architect could not reasonably anticipate. This approach is more similar to that take under the Federal Acquisition Regulations’ design within funding limitations obligation, where an architect’s redesign efforts would be compensated if the unfavorable bids or proposals exceeding the budget are the result of conditions beyond the architect’s reasonable control. (Design Within Funding Limitations 48 CFR 52.236-22).
Article 6 – Compensation
§ 6.1 Compensation for Basic Services. Fill points have been added for two of the more popular methods for compensating Architects for Basic Services: Stipulated Sum and a Percentage Basis. Section 11.1 also includes a space for users to insert another compensation method, such as hourly billing rates or a multiple of direct salary expense, if the parties so choose.
§ 6.6 Calculation of Progress Payments for Percentage Basis Compensation. Language has been added to clarify how progress payments to the Architect are calculated when the parties have chosen a percentage basis as the method of compensation for the Architect’s Basic Services. Progress payments are calculated by applying the percentages set forth in Article 11 to the Owner’s most recent budget for the Cost of the Work. Section 5.2 requires the Owner to update its budget for the Cost of the Work as part of its budget for the Project throughout the course of the Project. Section 11.6 also clarifies that once a progress payment is made, it shall not retroactively be adjusted based on subsequent increases or decreases to the Owner’s budget for the Cost of the Work.