Summary
Design-Build is a process where the Owner contracts with a single entity (Design-Builder) for both design and construction. The AIA offers several documents tailored to this process, including agreements between the Owner, Design-Builder, Architect, Contractor, and Subcontractor, along with forms for change orders, payments, and certificates. AIA also provides guidance on using performance and payment bonds for Design-Build projects.
What is Design-Build?
Design-Build is a process in which the Owner contracts directly with one entity (the “Design-Builder”) to provide both the design and construction of the project which is also similar to Engineer-Procure-Construct process.
By contrast, in the conventional Design/Bid/Build process, the Owner contracts separately with the Architect and with the Contractor.
In 2014, the AIA published the following documents tailored for Design-Build projects:
A141™–2014, Standard Form of Agreement Between Owner and Design-Builder;
A142™–2014, Standard Form of Agreement Between Design-Builder and Contractor;
A441™–2014, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project.
B143™–2014, Standard Form of Agreement Between Design-Builder and Architect;
C141™–2014, Standard Form of Agreement Between Owner and Consultant for a Design-Build Project;
C441™–2014, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project;
G741™-2015, Change Order for a Design-Build Project;
G742™-2015, Application and Certificate for Payment for a Design-Build Project (versions are available for use by the Design-Builder, Contractor, and Subcontractors);
G743™-2015, Continuation Sheet for a Design-Build Project (versions are available for use by the Design-Builder, Contractor, and Subcontractors);
G744™–2014, Certificate of Substantial Completion for a Design-Build Project;
G745™-2015, Change Directive for a Design-Build Project
In addition to the documents listed above, the AIA publishes a Design-Build agreement specifically tailored to one or two-family residential projects, AIA Document A145™–2015, Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project
Do I need a General Conditions agreement when using an AIA Design-Build agreement?
AIA Document A141™–2014 and A142™–2014 contain Terms and Conditions within the form agreement itself. While AIA Document A441™–2014 incorporates the terms and conditions of AIA Document A142™–2014, Standard Form of Agreement Between Design-Builder and Contractor, Exhibit A, Terms and Conditions.
What Performance Bond and Payment Bond form may be used for a Design-Build project?
Yes, AIA Document A312™–2010, Performance Bond and Payment Bond. This document can be adapted to substitute the term “Design-Builder” for the term “Contractor.”