Main differences between B104™–2017 and B104™–2007

To better reflect that B104-2017 is an abbreviated version of the flagship owner/architect agreement, B101™-2017, and that it may be suitable for use on less complex projects, the title has been changed from Standard Form of Agreement Between Owner and Architect for a Project of Limited Scope to Standard Abbreviated Form of Agreement Between Owner and Architect. 

Additional changes to the document include:

• Language was added allowing the parties to identify insurance the Architect is required to maintain during the Project. B104-2007 was silent on the Architect’s insurance requirements. 

• A provision was added that, unless otherwise stated in the Agreement, terminates the Agreement one year from the date of Substantial Completion. 

• Included new language allowing for the establishment of a “termination fee” (in lieu of Termination Expenses in 2007) that will be agreed to by the parties and payable in the event the Owner terminates the Architect for convenience or if the Architect terminates the agreement to extensive Project delay. Additionally, revisions have been made to clarify that costs payable to the Architect under such a termination include costs attributable to terminating consultants. 

• Language has been added clarifying how progress payments to the Architect are calculated when the parties have chosen a percentage basis as the method of compensation. The language 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. 

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