Content.
Changes from the previous edition
Dispute Resolution—Mediation and Arbitration
Synopsis.
AIA Document B141™–2024 replaces B143®–2014, Standard Form of Agreement Between Design-Builder and Architect. B141–2024 establishes the contractual arrangement between the Design-Builder and the Architect. B141–2024 does not provide a fixed scope of architect’s services, but instead includes an extensive menu of services from which the Design-Builder and Architect may select.
AIA Document B141–2024 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 B141 to enter into an agreement with an Architect to perform all of the architectural services on the Project. B141 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, B141 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.
Purpose.
AIA Document B141–2024 replaces B143–2014, Standard Form of Agreement Between Design-Builder and Architect. B141–2024 establishes the contractual arrangement between the Design-Builder and the Architect. B141–2024 does not provide a fixed scope of architect’s services, but instead includes an extensive menu of services from which the Design-Builder 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 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. An architect or architectural firm choosing to function as a design-builder may directly contract to perform design-build services or, alternatively, may form a separate corporate entity or joint venture for design-build.
Prior to entering into this agreement, any person or entity that wishes to act as the design-builder should consult its legal counsel and insurance advisers. Some states may restrict or prohibit design-build practices under statutes that regulate architectural registration, contractor licensing, or incorporation of professionals.
Related documents.
AIA Document B141–2024 is part of the Design-Build family of documents. This family of documents is intended to govern the relationships among the parties to a design-build project, and consists of the following documents:
A141®–2024, Agreement Between Owner and Design-Builder for a Traditional Design-Build Project
A141®PDB–2024, Agreement Between Owner and Design-Builder for a Progressive Design-Build Project
A441™–2024, Agreement Between Design-Builder and Subcontractor for a Design-Build Project
B141™–2024, Agreement Between Design-Builder and Architect for a Traditional Design-Build Project
B141™PDB–2024, Agreement Between Design-Builder and Architect for a Progressive Design-Build Project
C141™–2024, Agreement Between Owner and Consultant for a Design-Build Project
C441™–2024, Agreement Between Architect and Consultant for a Design-Build Project
G744™–2024, Certificate of Substantial Completion for a Design-Build Project
G746™–2024, Authorization to Proceed with Early Release Work for a Design-Build Project
Changes from the previous edition.[CT1]
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.
[CT1]Dave/Ben, this will be covered in the DB guide which we will link here.