Synopsis.
AIA Document B135™–2024, Standard Form Agreement Between Owner and Architect for Collaborative Project Delivery, Construction Manager as Constructor Edition, and AIA Document A135™–2024, Standard Form of Agreement Between Owner and Construction Manager as Constructor for Collaborative Project Delivery where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, are intended for use where the parties wish to engage in a more collaborative process than is common in traditional delivery methods. The philosophy behind these documents is to optimize the expertise of the owner, construction manager, and architect throughout the preconstruction and design phases, as well as the construction phase, to the benefit of all and the success of the project through enhanced collaboration. B135 and A135 use the same basic structure and compensation methods as in the standard AIA Construction Manager as Constructor documents while incorporating some IPD principles, such as team management and open communications, to provide the option for more collaboration throughout the project.
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Purpose.
AIA Document B135™–2024 is coordinated for use with A135-2024, in which the construction manager provides preconstruction services and construction of the project. Throughout the preconstruction and construction phases, the documents include a collaborative process where the owner, construction manager, and architect work closely to achieve the project goals. 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 for the Owner’s review and acceptance. Thereafter, the Construction Manager constructs the Project on a Cost of the Work Plus a Fee basis, with a Guaranteed Maximum Price, and the Architect provides contract administration services during the construction phase.
In B135–2024, 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. B135–2024 assumes that the Construction Manager will provide cost estimates and schedules for the Project.
Related Documents.
B135–2024 is intended to be used with AIA Document A201™–2017, General Conditions of the Contract for Construction, which it incorporates by reference, and A135–2024, 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.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission using a building information modeling exhibit. If the Owner intends to pursue a Sustainable Objective, the parties should identify the Sustainable Objective in B135 and use AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, or a similar document, to establish the process for creating a Sustainability Plan that will define the parties’ responsibilities for pursuing the Sustainable Objective. Additionally, the AIA publishes AIA Document B503™, Guide for Amendments to AIA Owner-Architect Agreements, which discusses a number of topics common to Owner-Architect relationships and provides model language.
CHANGES FROM THE PREVIOUS EDITION
AIA Document B135–2024 is based on AIA Document B133™–2019, but has additions and modifications to provide a process for greater collaboration. It incorporates alterations proposed by architects, construction managers, owners and professional consultants. The following are some of the significant changes made in B135 to the underlying language of B133–2019. For a more detailed discussion of the development of the Collaborative Projects Documents and the revisions made to the underlying documents, please see Guide to Collaborative Projects Documents at ____________ (insert link to Guide or web site) .
Article 1 Purpose and Initial Information
A Purpose section has been added to Article 1, which states the agreement of the Owner, Construction Manager, and Architect to plan, design, and construct the Project in a collaborative manner, and to use collaborative technologies, such as building information modeling.
Article 2 Management of the Project
This article provides for the appointment of a Project Management Team, consisting of one individual each named by the Owner, Architect, and Construction Manager. Fill points are provided for this purpose.
The article enumerates the responsibilities of the Project Management Team, including responsibility for day-to-day management of the Project, establishing procedures and processes necessary to achieve Project goals, and developing a meeting schedule and communication protocols. The Project Management Team also serves as the Initial Decision maker for claims between the Owner and the Construction Manager. If the Project Management Team cannot reach a unanimous decision on a claim, the Architect shall assist, and may be requested to attend, a mandatory meet and confer session between the Owner and Construction Manager.
Article 4 Scope of Architect’s Basic Services
§ 4.3 A Pre-Design Phase has been added and is coordinated with a Pre-Design Phase in the Construction Manager’s Preconstruction Services in A135-2024.
The Construction Manager’s preconstruction services through each of the Architect’s Design Phases is set forth in A135-2024 to provide a collaborative process as the Architect provides its services through the design phases set forth in B135-2024. An added requirement at the end of each phase is for the Owner, Architect, and Construction Manager to meet to perform a page-by-page review of the documents to confirm items such as Scope of the Work, Project Schedule, and estimate of the Cost of the Work.
Article 12 Compensation
§ 12.4 A fill point titled “Performance Incentives, if any” has been added in which the parties may list provisions for early completion or other bonuses, sharing of cost savings, or other performance incentives, if any, for the Project or portions of the Project.
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.