Content.
Changes from the previous edition
Dispute Resolution—Mediation and Arbitration
Synopsis.
AIA Document B143–2014 establishes the contractual arrangement between the Design-Builder and the Architect. B143 does not provide a fixed scope of architect’s services, but instead includes an extensive menu of services from which the Owner and Architect may select. B143 can be used for a number of different contractual scenarios that may arise on a design-build project. If the design-build entity lacks the internal capacity to provide architectural services, or is required to separately contract for architectural services by virtue of local license regulations or other legal requirements, the design-build entity can use B143 to enter into an agreement with an Architect to perform all of the architectural services on the Project. B143 can also be used, however, where the Design-Builder directly performs some of the architectural services under its agreement with the Owner. In this instance, B143 can be used to contract with additional architects that will provide portions of the architectural services. 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. For use and execution of a document, see its instructions »
Purpose.
AIA Document B143–2014 replaces B143-2004, Standard Form of Agreement Between Design-Builder and Architect. B143–2004 establishes the contractual arrangement between the Design-Builder and the Architect. B143 does not provide a fixed scope of architect’s services, but instead provides in Exhibit B an extensive menu of services from which the Owner and Architect may select.
Design-Build is a process in which the Owner contracts directly with one entity to provide both the design and construction of the project. The Design-Builder may be a design-build entity, an architect, construction contractor, real estate developer, or any other person or entity legally permitted to do business as a design-builder in the jurisdiction where the project is located. The design-builder’s organization may take a variety of legal forms, such as a sole proprietorship, a partnership, a joint venture, or a corporation.
AIA Document B143 can be used for a number of different contractual scenarios that may arise on a design-build project. If the design-build entity lacks the internal capacity to provide architectural services, or is required to separately contract for architectural services by virtue of local license regulations or other legal requirements, the design-build entity can use B143 to enter into an agreement with an Architect to perform all of the architectural services on the Project. B143 can also be used, however, where the design-builder directly performs some of the architectural services under its agreement with the Owner. In this instance, B143 can be used to contract with additional architects that will provide portions of the architectural services. 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. Because of these varying potential uses and services, B143 utilizes a menu of services approach.
Related documents.
AIA Document B143–2014 is published in conjunction with six other documents in the 2014 Design-Build family of documents. This family of documents is intended to govern the relationships among the parties to a design-build project:
A141™–2014, Agreement Between Owner and Design-Builder
A142™–2014, Agreement Between Design-Builder and Contractor
A441™–2014, Agreement Between Contractor and Subcontractor for a Design-Build Project
C141™–2014, Agreement Between Owner and Consultant for a Design-Build Project
C441™–2014, Agreement Between Architect and Consultant for a Design-Build Project
G744™–2014, Certificate of Substantial Completion for a Design-Build Project
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission.
Changes from the previous edition.
Format. An integrated agreement replaces the B143–2004 structure, where the terms and conditions and the architect’s compensation were defined in the agreement, with Exhibit A providing the initial information on which the agreement is based, and Exhibit B providing the scope of the architect’s services. B143–2014 incorporates both the initial information and the scope of the architect’s services into the main body of the agreement, eliminating the need for separate exhibits.
Content. B143–2014 clarifies that, unless separately defined in this Agreement, the terms used have the same definitions as those provided in A142–2014. B143–2014 has added a definition in this Agreement for the term “Project” to better distinguish its meaning and use in this Agreement from the meaning and use in other documents. As defined in B143, Project refers to the Design-Builder’s Work as identified in the Design-Build Contract.
AIA Document B143–2014 also addresses the fact that the Design-Builder may require the Architect to provide sustainability services on the Project if the Owner has identified a Sustainable Objective. B143–2014 adds an option in the menu of services for the Architect to conduct a Sustainability Workshop and prepare the Sustainability Plan. Because the Architect’s full role in Sustainability Services will be defined in the Sustainability Plan, which does not exist as the time this Agreement is executed, the parties must amend the Agreement to define the portions of the Sustainability Plan for which the Architect will be responsible. It should be noted that sustainable design and construction projects create a number of new roles, responsibilities, and risks for project participants.
For a more detailed discussion of the roles, responsibilities, and risks unique to sustainable projects, download AIA Document D503™–2013, Guide for Sustainable Projects, including Commentary on the AIA Sustainable Projects Documents.
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.