To B141 or Not to B141? That is the Question and B151 May be the Answer


INTRODUCTION

During the latter part of 1997, the American Institute of Architects released its 1997 edition of the Standard Form of Agreement Between Owner and Architect. Since that time, various concerns have been raised by architects and engineers about the use of the 1997 B141, some of which may be alleviated by greater familiarity and more experience with the use of the document, and some of which may not.

As design professionals ponder their use of the 1997 version of the B141, they might be comforted by the emergence of a new alternative: the B151-1997. Labeled the "Abbreviated Standard Form of Agreement Between Owner and Architect", the B151-1997 may become better known as the "Appreciated Alternative Form of Agreement Between Owner and Architect." In essence, the AIA has made a number of relatively minor (and generally positive) modifications to the 1987 version of the B141 (including the changes necessary for the document to be coordinated with the 1997 A-201 General Conditions) and has republished the document as the B151-1997. In reality, the document is "abbreviated" only in comparison to the number and impact of changes found in the extensively revised document now denominated as the B141-1997.

To assist design professionals in evaluating the B151-1997 as an alternative to the B141-1997, three different "looks" at those two documents will be provided. The first chart below outlines the relatively few changes or additions to the "old" B141-1987, which are now found in the "new" B151-1997. In the second chart, the changes incorporated into the "new" B141, but which have not been included in the B151-1997, are reviewed. Finally, the third chart provides an overall review of the significant additions or changes to the B141-1997, which references to the corresponding sections fo the B151 and C141 (labeled the "Standard Form of Agreement Between Architect and Consultant") where the same or similar changes are located.

These charts should provide the information needed to perform a through comparison of the alternatives presented by the various agreements, and should help architects and engineers to choose the document best suited to their needs.

DIFFERENCES BETWEEN THE B141-1987 AND B151-1997

In the gray "Instructions" sheet which accompanies the B151-1997, the AIA states:

Although it retained many similarities to the 1987 edition of B151, B151-1997 is primarily based upon the 1987 edition of the B141.

A side-by-side comparison of the B151-1997 and the B141-1987 clearly confirms that statement. The chart below, lists the only substantive changes made to the B141-1987 in formulating the B151-1997. The citations reflect the Article and Paragraph numbers, as found in the B151-1997. If a Paragraph is not listed, the corresponding provisions of the B141-1987 were transferred directly to the B151-1997 without any substantive changes.

  • Article 1 Architect's Responsibilities
  • 1.2
  • Architect must submit schedule for performance of services (without requirement of Owner request)
  • 1.3
  • Architect shall designate a representative authorized to act on Architect's behalf.
  • Article 2 Scope of Architect's Basic Services
  • 2.6.2
  • Modifications to General Conditions will be enforceable only to extent consistent with this Agreement or approved in writing by Architect.
  • 2.6.6
  • Architect will report known deviations from Contract Documents and from most recent construction schedule submitted by Contractor.
  • 2.6.8
  • Owner shall "endeavor" to communicate with Contractor through Architect.
  • 2.6.12
  • If Contract Documents require Contractor to provide design services or certifications by design professional, Architect will specify appropriate performance and design criteria; shop drawings and other submittals related to Work designed or certified by design professionals retained by Contractor will bear such other professional's written approval when submitted to Architect; Architect is entitled to rely upon adequacy, accuracy and completeness of services, certifications or approvals performed by such other design professionals.
  • 2.6.14
  • Architect will issue final Certificate for Payment, "based upon a final inspection" indicating Work complies with requirements of Contract Documents.
  • Article 4 Owner's Responsibilities
  • 4.1
  • Owner must provide full information "in timely manner" regarding requirements for "and limitations on" the Project, including a "written" program; must also provide certain information concerning lien rights to Architect within 15 days after receipt of written request.
  • Article 5 Construction Cost
  • 5.1.2
  • "Construction Cost" includes costs of management or supervision of construction or installation provided by separate construction manager or contractor.
  • Article 6 Use of Architect's Instruments of Service
  • 6.1
  • Introduces phrase "Instruments Of Service"
  • 6.1
  • Documents "in electronic form" are included as Instruments of Service.
  • 6.2
  • Execution of Agreement results in Architect granting Owner license to reproduce Instruments for construction, use and maintenance of Project; license is subject to Owner's compliance with all contractual obligations; Architect must obtain similar licenses from Consultants; licenses are terminated by termination of Agreement prior to completion of Project; upon termination of license, Owner is prohibited from making further reproductions and must return all originals and reproductions to Architect; if Architect is adjudged in default, original license is deemed terminated and replaced by second license permitting Owner to authorize other design professionals to reproduce and, where permitted by law, change Instruments for completion, use and maintenance of Project.
  • 6.3
  • Owner will not assign or otherwise transfer license without prior written agreement of Architect; Owner can authorize contractors/suppliers to reproduce applicable portions of Instruments necessary for performance of their Work; Owner cannot use Instruments for future additions or alterations to this or other Projects, without prior written agreement; any unauthorized use of Instruments is at Owner's risk and without liability to Architect.
  • 6.4
  • Prior to exchange of documents in electronic format or other electronic data, Architect and Owner will, by separate written agreement, set forth governing conditions.
  • Article 7 Dispute Resolution
  • 7.1.1
  • Mediation is condition precedent to arbitration or litigation.
  • 7.1.2
  • Mediation will be in accordance with Construction Industry Mediation Rules of American Arbitration Association, unless otherwise agreed.
  • 7.1.3
  • Parties will split mediation expenses.
  • 7.2.1
  • Arbitration clause incorporates initial requirement of mediation.
  • 7.3
  • Owner and Architect waive claims for consequential damages.
  • Article 8 Termination or Suspension
  • 8.5
  • Owner may terminate Agreement with Architect, upon seven days written notice, for convenience and without cause.
  • 8.6
  • In event of termination which is not Architect's fault, Architect will be compensated for services performed prior to termination, plus Reimbursable Expenses and Termination Expenses.
  • 8.7
  • "Termination Expenses" are in addition to compensation for services, and include expenses directly attributable to termination for which Architect is not otherwise compensated, plus amount for Architect's anticipated profit on value of services not performed.
  • Article 9 Miscellaneous Provisions
  • 9.3
  • Statutes of limitations will commence to run no later than date on which Architect's services are substantially completed.
  • 9.5
  • Owner may assign Agreement to institutional lender financing Project, provided lender assumes Owner's rights and obligations under Agreement; Architect must execute all consents reasonably required to facilitate such assignment.
  • 9.10
  • Architect is not required to execute certificates that require responsibilities beyond scope of Agreement.
  • 9.9
  • Architect will have reasonable access to completed Project to make photographic or artistic representations for use in Architect's promotional or professional materials.
  • Article 10 Payments to the Architect
  • 10.2.1
  • "Reimbursable Expenses" include expenses for electronic communications and professional liability insurance dedicated exclusively to Project.
  • 10.5
  • No deduction shall be made from Architect's compensation on account of cost of changes in the Work, except those for which Architect "has been adjudged to be liable."
DIFFERENCES BETWEEN B141-1997 AND B151-1997

The "changes" found in the B151-1997, as described above, are all likewise found in the B141-1997 (i.e., under differently numbered Articles and Paragraphs). Those changes do not appear to be the sources of greatest concern on the part of design professionals. There are, however, significant additional changes found in the B141-1997 which appear to have a greater potential impact on the Architect's practice. Depending on one's point of view, those potential impacts can be perceived in a positive or negative light. The more significant changes found in the "Standard" B141-1997, which are not included in the B151-1997 are outlined in the following chart.

  • Article 1.1 Initial Information

  • 1.1.1
  • Agreement based on assumptions set forth in Article 1.1.
  • 1.1.2
  • Establishes fundamental information about Project, including: proposed objective or use; description of Owner's Program; physical, legal, financial, time and other "parameters"; and proposed procurement or delivery method.
  • 1.1.3
  • Identification of: designated representatives; persons or entities, in addition to Owner's Designated Representative, required to review Architect's submittals; Owner's other consultants and contractors; and consultants retained by Architect.
  • 1.1.6
  • Information in Article 1.1 may be reasonably relied upon in determining Architect's compensation; changes in information may result in negotiation of appropriate adjustments in schedule, compensation and Change in Services.
  • Article 1.2 Responsibilities of the Parties

  • 1.2.1
  • Parties must cooperate and endeavor to maintain good working relationships.
  • 1.2.2.2
  • Owner will not significantly increase/decrease budget or contingency amounts without agreement of Architect to corresponding change in scope and quality.
  • 1.2.2.7
  • Owner must provide written notice to Architect if/when Owner becomes aware of errors, omissions or inconsistencies in Architect's Instruments of Service.
  • 1.2.3.4
  • Architect must maintain confidentiality of specifically designated information, unless it would violate law, create risk of significant harm to public or prevent Architect from establishing claim or defense in legal proceeding.
  • 1.2.3.5
  • Architect will not, without Owner's knowledge and consent, do anything that would reasonably appear to compromise professional judgment.
  • 1.2.3.6
  • Architect must review laws, codes and regulations applicable to services and design Project in accordance with requirements imposed by governmental authorities.
  • 1.2.3.7
  • Architect may rely on accuracy and completeness of services and information furnished by Owner; will provide written notice to Owner if/when Architect becomes aware of errors, omissions or inconsistencies.
  • Article 1.3 Terms and Conditions

  • 1.3.3
  • Introduces phrase "Change in Services," to replace "Additional Services."
  • 1.3.3.1
  • Change in Services can result from mutual agreement in writing, circumstances beyond Architect's control, or if services are affected as described in §1.3.3.2; in absence of mutual agreement in writing, Architect must notify Owner prior to providing such services and Owner must give prompt written notice if all or part of such services are deemed not required, in which event Architect will have no obligation to provide such services; except for change due to fault of Architect, Change in Services will entitle Architect to adjustment in compensation and reimbursable expenses.
  • 1.3.3.2
  • If any of seven listed circumstances affect Architect's services, Architect is entitled to appropriate adjustment in schedule and compensation; the only listed circumstance not contained in 1987 B141 as "additional service" is "change in the information contained in Article 1.1".
  • Article 1.5 Compensation

  • 1.5.1
  • Space to specify how compensation will be computed.
  • 1.5.2
  • Space to establish calculation of adjustments to compensation.
  • 1.5.3
  • Space for computation of compensation for Architect's consultants, in event of Change in Services.
  • 1.5.5
  • Space to identify any "Reimbursable Expense" not listed specifically in Paragraph 1.3.9.2.
  • 1.5.6
  • Specified rates for services shall be adjusted in accordance with Architect's or consultant's normal salary review practices.
  • 1.5.9
  • Space for months for completion of services, after which extension of services will be compensated )if delay was not fault of Architect).
  • Article 2.1 Project Administration Services

  • 2.1.1
  • Architect will consult with Owner, research applicable design criteria, attend Project meetings, communicate with Project team, and issue progress reports.
  • 2.1.2
  • Architect will prepare and update a "Project Schedule".
  • 2.1.3
  • Architect will consider various, specified items in developing design.
  • 2.1.4
  • Architect will, upon Owner's request, make presentation explaining design of Project.
  • 2.1.5
  • Architect must submit design documents to Owner, at intervals appropriate to design process, for evaluation and approval.
  • 2.1.7.1
  • Architect will prepare preliminary estimate of Cost of the Work, which may be based on current area, volume or similar conceptual estimating techniques; as design progresses, Architect will update and refine preliminary estimate and advise Owner of necessary adjustments; if Architect's estimates exceed Owner's budget, Architect will make recommendations to Owner to adjust Project's size, quality or budget, and Owner will cooperate in making such adjustments.
  • 2.1.7.3
  • In preparing estimates for Cost of the Work, Architect may include: various contingencies; determine various matters relating to elements of construction; make reasonable adjustments in scope of Project; and include alternate bids as may be necessary to adjust the estimated Cost of the Work to meet Owner's budget.
  • 2.1.7.4
  • Budget for Cost of the Work will be adjusted if bidding or negotiation is not commenced within 90 days after Architect submits Construction Documents to Owner.
  • 2.1.7.5
  • If budget for Cost of the Work is exceeded by lowest bona fide bid or negotiated proposal, Owner will have four options, including: increase Project budget; authorize rebidding or renegotiating construction contract; terminate Agreement; have Project scope and quality revised as required to reduce Cost of the Work.
  • 2.1.7.6
  • If Owner chooses to revise Project scope and quality to reduce Cost of the Work, Architect will modify documents, without additional compensation, to bring bids or negotiated proposals within budget; modification will be limit of Architect's responsibility.
  • Article 2.3 Evaluation and Planning Services

  • 2.3.1
  • Architect must provide preliminary evaluation of information furnished by Owner, ascertain information is consistent with Project requirements, and notify Owner of other information or consultant services needed for Project.
  • 2.3.2
  • Architect must provide preliminary evaluation of site, based upon certain information provided by Owner.
  • 2.3.3
  • Architect must review Owner's proposed method of contracting for construction services and notify Owner of anticipated impacts on program, financial and time requirements and scope of Project.
  • Article 2.5 Construction Procurement Services

  • 2.5.2
  • Architect will assist Owner in establishing list of prospective bidders/ contractors.
  • 2.5.3
  • Architect will assist Owner in bid validation or proposal evaluation, and in determination of successful bid or proposal; if requested by Owner, Architect will notify prospective bidders or contractors of bid or proposal results.
  • 2.5.4.2
  • If requested, Architect will arrange for procuring reproduction of Bidding Documents for distribution to prospective bidders (at Owner's expense).
  • 2.5.4.3
  • If requested, Architect will distribute Bidding Documents to prospective bidders and request their return upon completion; will maintain log of distribution and retrieval and amounts of deposits, if any, received from and returned to prospective bidders.
  • 2.5.4.4
  • Architect will consider requests for substitutions, if permitted by documents, and prepare and distribute addenda identifying approved substitutions.
  • 2.5.4.5
  • Architect must participate in, or organize and conduct, a pre-bid conference for prospective bidders.
  • 2.5.4.6
  • Architect must prepare responses to questions from prospective bidders and provide clarifications and interpretations of Bidding Documents by Addenda.
  • 2.5.4.7
  • Architect must participate in, or organize and conduct, the opening of bids and document and distribute bidding results.
  • 2.5.5.2
  • Architect must arrange for procuring reproduction of proposal documents for distribution to prospective Contractors.
  • 2.5.5.3
  • If requested, Architect will organize and participate in selection interviews with prospective Contractors.
  • 2.5.5.4
  • Architect will consider requests for substitutions, if permitted by Proposal Documents, and prepare and distribute addenda to all prospective contractors identifying approved substitutions.
  • 2.5.5.5
  • If requested, Architect will assist Owner during negotiations with prospective contractors and prepare summary report of negotiation results.
  • Article 2.6 Contract Administration Services

  • 2.6.1.5
  • Architect will review properly prepared, timely RFI's from Contractor about Contract Documents; request will be in form approved by Architect and will include detailed written statement indicating specific drawings or specifications needing clarification and nature of clarification requested.
  • 2.6.1.6
  • If deemed appropriate, Architect can prepare supplemental Drawings and Specifications in response toRFI's.
  • 2.6.3.3
  • Architect must maintain record of Contractor's Applications for Payment.
  • 2.6.4.2
  • Architect must maintain record of submittals and copies of submittals supplied by Contractor.
  • 2.6.5.1
  • Architect will prepare necessary Drawings and Specifications to describe any changes in Work (see Paragraph 2.8.2.3 for corresponding Change in Services).
  • 2.6.5.2
  • Architect will review properly prepared, timely requests by Owner or Contractor for changes in Work, (e.g. Contract Sum or Contract Time); request will be accompanied by sufficient supporting information to permit Architect to make determination without extensive investigation or preparation of additional drawings or specifications; if Architect determines requested change is not materially different from requirements of Contract Documents, Architect may issue order for minor change in Work or recommend that requested change be denied.
  • 2.6.5.3
  • If Architect determines requested change may cause adjustment in Contract Time or Contract Sum, Architect should notify Owner, who may authorize further investigation; Architect will estimate additional cost/time resulting from change, including additional costs attributable to design fees; with Owner's approval, Architect will incorporate estimates into appropriate document for Owner's execution or negotiation with Contractor.
  • 2.6.5.4
  • Architect must maintain records concerning changes in Work.
  • 2.6.6.2
  • Architect's inspection should be conducted with Owner's designated representative to check conformance of Work with requirements of Contract Documents and to verify accuracy of list submitted by Contractor of work to be completed or corrected.
  • 2.6.6.3
  • When Work is found to be substantially complete, Architect will inform Owner about balance of Contract Sum remaining to be paid Contractor, including amounts needed to pay for final completion or correction of Work.
  • 2.6.6.4
  • Architect will receive from Contractor and forward to Owner: consent of sureties, to reduction/release of retainage or final payment; and affidavits, receipts, releases and waivers of liens or bonds.
  • Article 2.7 Facility Operations Services

  • 2.7.1
  • Architect will meet with Owner promptly after Substantial Completion to review need for facility operation services.
  • 2.7.2
  • Upon request of Owner, and prior to expiration of one year from date of Substantial Completion, Architect will meet with Owner to review facility operations and performance, and to make appropriate recommendations.
  • Article 2.8 Schedule of Services

  • 2.8.1
  • Parties agree on number of times Architect must: review each submittal; visit site during construction; inspect any portion of Work to determine substantial completion and/or inspect any portion of Work for final completion. Services beyond agreed numbers will be Change in Services.
  • 2.8.2
  • Eight categories of service are specified which will be provided as Change in Services; categories not listed in 1987 B141 as some form of additional service include: review of submittals out of sequence from submittal schedule agreed to by Architect; and responses to RFI's where information is available to Contractor.
  • 2.8.3
  • Fill-in-blank chart for parties to specify additional services to be provided by Architect (for cross reference, see Paragraph 2.2.1).

NEW OR DIFFERENT PROVISIONS FOUND IN B141-1997

WITH CROSS REFERENCE TO B151-1997 AND C141-1997

An overall comparison of the 1997 versions of the B141 and B151 documents can be made from a review of the chart below. In the first two columns, all significant changes or additions found in the "new" B141 are listed and briefly described. In the third column, reference is made to the paragraph, if any, in the B151 where the corresponding change is found. Similarly, if the substantive change is carried into C141, the fourth column shows where the new language relating to that change can be found in that contract. If there is no cross reference shown on the chart for the B151 or the C141, then the indicated change is unique to the B141.

  • B141

  • B151
  • C141

  • Article 1.1 Initial Information

  • 1.1.1
  • Agreement based oninformation set forth in Article 1.1.
  • 1.1.2
  • Establishes fundamental information about Project.
  • 1.1.3
  • Identification of: designated representatives.
  • 1.1.6
  • Information in Article 1.1 may be relied upon in determining Architect's compensation; changes in information may result in adjustments in schedule, compensation and Change in Services.
  • Article 1.2 Responsibilities of the Parties

  • 1.2.2.1
  • Owner must provide certain information in a timely manner regarding requirements for, and limitations on the Project; must also provide certain information concerning lien rights within 15 days after receipt of written request.
  • 4.1
  • 6.1
  • 1.2.2.2
  • Owner will not significantly increase or decrease budget or contintgency amounts without agreement of Architect to corresponding change in Project scope and quality.
  • 1.2.2.7
  • Owner must provide written notice to Architect of errors, omissions or inconsistencies in Instruments of Service.
  • 1.2.3.1
  • Scope of Architect's services will be set forth in Article 1.4.
  • 1.2.3.2
  • Architect must submit schedule for performance of services (without Owner request).
  • 1.2
  • 1.2.3.3
  • Architect's Designated Representative is authorized to act on Architect's behalf.
  • 1.3
  • 3.1.2
  • 1.2.3.4
  • Architect must maintain confidentiality of designated information. Architect must require similar agreements from consultants.
  • 3.1.8
  • 1.2.3.5
  • Architect will not, without Owner's knowledge or consent, do anything that would reasonably appear to compromise the Architect's professional judgment.
  • 3.1.9
  • 1.2.3.6
  • Architect must review laws, codes and regulations applicable to services and design Project in accordance with requirements imposed by governmental authroities.
  • 1.2.3.7
  • Architect may rely on accuracy and completeness of services and information furnished by Owner and will provide written notice to Owner if and when Architect becomes aware of errors, omissions or inconsistencies in such services or information.
  • 6.7
  • Article 1.3 Terms and Conditions

  • 1.3.1
  • Introduces "Cost of the Work," to replace "Construction Cost."
  • 7.1.1
  • 1.3.1.2
  • "Cost Of The Work" includes management or supervision of construction or installation provided by separate construction manager or contractor.
  • 5.1.2
  • 7.1.2
  • 1.3.2.
  • Introduces "Instruments Of Service" to replace "Drawings and Specifications and Other Documents."
  • 6.1
  • 8.1
  • 1.3.2.1
  • Documents "in electronic form" are included.
  • 6.1
  • 8.1
  • 1.3.2.2
  • Architect grants Owner license to reproduce Instruments of Service for construction, use, and maintenance of Project; subject to Owner's compliance with all contractual obligations; Architect must obtain similar licenses from Consultants; licenses terminated by termination of Agreement upon termination, Owner prohibited from making reproductions, and must return all originals and reproductions; if Architect adjudged in default, original license is deemed terminated and replaced by second license permitting Owner to use other design professionals to reproduce and change Instruments of Service for complete, use, and maintenance of Project.
  • 6.2
  • 8.2
  • 1.3.2.3
  • Owner will not assign license without written agreement of Architect. Owner cannot use Instruments of Service for future additions or alterations to this or other projects without written agreement; any unauthorized use is at Owner's risk and without liability to Architect.
  • 6.3
  • 8.3
  • 1.3.2.4
  • Prior to exchange of documents in electronic format or other electronic data, a separate written agreement will set forth conditions.
  • 6.4
  • 8.4
  • 1.3.3
  • Introduces phrase "Change in Services" to replace "Additional Services."
  • 5.1
  • 1.3.3.1
  • Change in Services can result from mutual agreement in writing, circumstances beyond Architect's control, or if services are affected as described in Paragraph 1.3.3.2; in absence of mutual agreement in writing, Architect must notify Owner prior to providing such services; except for change due to the fault of Architect, Change in Services will entitle Architect to adjustment in compensation and reimburable expenses.
  • 5.1.1
  • 1.3.3.2
  • If listed circumstances affect Architect's services, Architect is entitled to appropriate adjustment in schedule and compensation; only circumstance not in 1987 B141 is "change in the information contained in Article 1.1".
  • 5.1.2
  • 1.3.4.1
  • Mediation is condition precedent to arbitration or litigation.
  • 7.1.1
  • 9.1.1
  • 1.3.4.2
  • Mediation in accordance with Mediation Rules of American Arbitration Association.
  • 7.1.2
  • 9.1.2
  • 1.3.4.3
  • Parties will split mediation expenses.
  • 7.1.3
  • 9.1.3
  • 1.3.5.1
  • Arbitration clause incorporates initial requirement of mediation.
  • 7.2.1
  • 9.2.1
  • 1.3.6
  • Owner and Architect waive claims for consequential damages.
  • 7.3
  • 9.3
  • 1.3.7.3
  • Statutes of limitations will commence to run no later than date Architect's services are substantially completed.
  • 9.3
  • 11.3
  • 1.3.7.7
  • Architect will have access to completed Project for promotional materials.
  • 9.9
  • 1.3.7.8
  • Architect not required to execute certificates that require responsibilities beyond scope of Agreement.
  • 9.10
  • 1.3.7.9
  • Owner may assign Agreement to institutional lender financing Project, provided lender assumes Owner's rights and obligations.
  • 9.5
  • 1.3.8.5
  • Owner may terminate for convenience and without cause.
  • 8.5
  • 10.6
  • 1.3.8.6
  • If termination no the fault of Architect, Architect will be compensated for services performed plus Reimbursable Expenses and Termination Expenses.
  • 8.6
  • 10.7
  • 1.3.8.7
  • "Termination Expenses" are in addition to compensation for services, and include expenses directly attributable, plus Architect's anticipated profit on value of services not performed.
  • 8.7
  • 10.8
  • 1.3.9.1
  • No deduction from Architect's compensation for cost of changes in the Work, unless Architect "has been adjudged to be liable."
  • 10.5
  • 1.3.9.2
  • "Reimbursable Expenses" include cost of professional liability insurance dedicated exclusively to Project.
  • 10.2.1
  • 12.6.1
  • Article 1.4 Scope of Services and Other

    Specific Terms and Conditions

  • 1.4.1
  • Enumerates documents comprising Agreement between Owner and Architect.
  • Article 1.5 Compensation

  • 1.5.1
  • Space to specify how compensation will be computed.
  • 1.5.2
  • Space to establish calculation of adjustments to compensation.
  • 1.5.3
  • Space for computation of compensation for Architect's consultants, in event of Change in Services.
  • 1.5.5
  • Space to identify any "Reimbursable Expense" not listed specifically in Paragraph 1.3.9.2.
  • 1.5.6
  • Specified rates and multiples for services shall be adjusted in accordance with Architect's or consultant's normal salary review practices.
  • 1.5.9
  • Space for fill-in-blank agreement of months for completion of Architect's services, after which an extension of services will be compensated (assuming the delay was not fault of Architect).
  • Article 2.1 Project Administration Services

  • 2.1.1
  • Architect will research applicable design criteria, attend Project meetings, communicate with Project team, and issue progress reports.
  • 2.1.2
  • Architect will prepare and update a "Project Schedule".
  • 2.1.3
  • Architect will consider various, specified items in developing design.
  • 2.1.4
  • Architect will, upon Owner's request, make presentation explaining design of Project.
  • 2.1.5
  • Architect must submit design documents to Owner, at intervals appropriate to design process, for evaluation and approval.
  • 2.1.7.1
  • Architect will prepare preliminary estimate of Cost of the Work; Architect will update and refine preliminary estimate and advise Owner of necessary adjustments; if estimates exceed budget, Architect will make recommendations to Owner to adjust Project's size, quality or budget, and Owner will cooperate in making such adjustments.
  • 3.2.1
  • 2.1.7.3
  • In preparing estimates for Cost of the Work, Architect may include: various contingencies; determine matters relating to elements of construction; make reasonable adjustments in scope of Project; and include alternate bids, as needed to adjust estimated Cost of the Work to meet budget.
  • 3.2.3
  • 2.1.7.4
  • Budget for Cost of the Work will be adjusted if bidding or negotiation is not commenced within 90 days after Architect submits Constructin Documents.
  • 3.2.4
  • 2.1.7.5
  • If budget for Cost of the Work is exceeded by lowest bid or negotiated proposal, Owner will have four options: increase budget; authorize rebidding or renegotiations, terminate Agreement; revise scope and quality.
  • 3.2.5
  • 2.1.7.6
  • If Owner chooses to revise Project scope and quality to reduce Cost of the Work, Architect will modify documents, without additional compensation, to bring bids or proposals within budger; modification will be limit of Architect's responsibility.
  • 3.2.5
  • Article 2.2 Supporting Services

  • 2.2
  • Essencially repeats many requirements previously designated as "Owner's Responsibilities" in Article 4 of 1987 B141.
  • Article 2.3 Evaluation and Planning Services

  • 2.3.1
  • Architect must provide preliminary evaluation of information provided by Owner, ascertain it is consistent with Project requirements, and notify Owner of other information or consultant services reasonably needed.
  • 2.3.2
  • Architect must provide preliminary evaluation of site based upon information provided by Owner.
  • 2.3.3
  • Architect must review Owner's proposed method of contracting for construction services and notify Owner of anticipated impacts on program, financial and time requirements, and scope fo Project.
  • Article 2.4 Design Services

  • 2.4.2.1
  • Specifies detailed requirements for Schematic Design Documents
  • 2.4.3.1
  • Specifies detailed requirements for Design Development Documents
  • 2.4.4.1
  • Architect will provide Construction Documents based on updated budget for Cost of the Work; documents will set forth requirements for construction.
  • 2.4.4.2
  • Architect must assist Owner in development and preparation of bidding and procurement information, and compile Project Manual that includes Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms.
  • Article 2.5 Construction Procurement Services

  • 2.5.2
  • Architect will assist Owner in establishing list of prospective bidders or contractors.
  • 2.5.3
  • Architect will assist Owner in bid validation or proposal evaluation, and in determination of successful bid or proposal; if requested by Owner, Architect will notify prospective bidders or contractors of bid or proposal results.
  • 2.5.4.2
  • If requested, Architect will arrange for procuring reproduction of Bidding Documents for distribution to prospective bidders.
  • 2.5.4.3
  • If requested, Architect will distribute Bidding Documents to prospective bidders and request their return upon completion; will maintain log of distribution and retrieval and amounts of deposits, if any, received from and returned to prospective bidders.
  • 2.5.4.4
  • Architect will consider requests for substitutions, if permitted by documents, and prepare and distribute addenda identifying approved substitutions.
  • 2.5.4.5
  • Architect must participate in, or organize and conduct, a pre-bid conference for prospective bidders.
  • 2.5.4.6
  • Architect must prepare responses to questions from prospective bidders and provide clarifications and interpretations of Bidding Documents to all prospective bidders in form of addenda.
  • 2.5.4.7
  • Architect must participate in, or organize and conduct, the opening of bids and document and distribute bidding results.
  • 2.5.5.2
  • Architect must arrange for procuring reproduction of proposal documents for distribution to prospective Contractors.
  • 2.5.5.3
  • If requested, Architect will organize and participate in selection interviews with prospective Contractors.
  • 2.5.5.4
  • Architect will consider requests for substitutions, if permitted by Proposal Documents, and prepare and distribute addenda to all prospective contractors identifying approved substitutions.
  • 2.5.5.5
  • If requested, Architect will assist Owner during negotiations with prospective contractors and prepare summary report of negotiation results.
  • Article 2.6 Contract Administration Services

  • 2.6.1.1
  • Architect will provide administration under A201; modifications to General Conditions enforceable only to extent consistent with this Agreement or approved in writing by Architect.
  • 2.6.2
  • 2.6.1.2
  • Responsibility to provide Contract Administration Services terminates upon issuance of final Certificate for Payment; Architect entitled to Change in Services if/when Contract Administration Serivces extend 60 days after date of Substantial Completion.
  • 2.6.1.5
  • Architect will review properly prepared, timely requests by Contractor for additional information, request will be in form approved by Architect and will include detailed written statement
  • 2.6.1.6
  • If appropriate, Architect can prepare supplemental Drawings and Specifications in response to RFI's.
  • 2.6.2
  • Introduces term "Evaluation" in place of "Observation."
  • 2.6.2.1
  • Architect will visit site at intervals appropriate to stage of Contractor's operations, or as agreed in Article 2.8.
  • 2.6.2.2
  • Architect will report known deviations from Contract Documents and from most recent construction schedule submitted by Contractor.
  • 2.6.6
  • 4.5.4
  • 2.6.2.4
  • Owner shall endeavor to communicate with Contractor through Architect.
  • 2.6.8
  • 2.6.3.3
  • Architect must maintain record of Contractor's Applications for Payment.
  • 2.6.4.2
  • Architect must maintain record of submittals and copies of submittals supplied by Contractor.
  • 2.6.4.3
  • If Contract Documents require Contractor to provide design services, Architect will specify appropriate performance and design criteria; shop drawings designed by design professionals retained by Contractor will bear such other professional's written approval when submitted to Architect; Architect is entitled to rely upon services, certifications or approvals performed by such other design professionals.
  • 2.6.12
  • 4.5.12
  • 2.6.5.1
  • Architect will prepare Drawings and Specifications to describe any changes in Work
  • 2.6.5.2
  • Architect will review properly prepared, timely requests by Owner or Contractor for changes in Work, properly prepared request will be accompanied by sufficient supporting data and information to permit Architect to make determination without extensive investigation or preparation of additional drawings or specifications; if Architect determines change is not materially different from requirements of Contract Documents, Architect may issue order for minor change in Work or recommend change be denied.
  • 2.6.5.3
  • If Architect determines requested change may cause adjustment in Contract Time or Contract Sum, Architect should notify Owner, who may authorize further investigation; Architect will estimate additinal cost/time resulting from change, with Owner's approval, and Architect will incorporate estimates into a Change Order or other documetns for Owner's execution and negotiation with Contractor.
  • 2.6.5.4
  • Architect must maintain records concerning changes in Work.
  • 2.6.6.1
  • Architect will issue final Certificate for Payment, based upon final inspection indicating Work complies with Contract Documents.
  • 2.6.14
  • 2.6.6.2
  • Architect's inspection should be conducted with Owner's designated representative to check conformance of Work and to verify accuracy of list submitted by Contractor of work to be completed or corrected.
  • 2.6.6.3
  • When Work is substantially complete, Architect will inform Owner about balance of Contract Sum, including amounts needed to pay for final completion or correction of Work.
  • 2.6.6.4
  • Architect will receive from Contractor and forward to Owner: consent of sureties, if any, to reduction in or partial release of retainage or to making of final payment; and affidavits, receipts, releases and waivers of liens or bonds indemnifying Owner against liens.
  • Article 2.7 Facility Operations Services

  • 2.7.1
  • Architect will meet with Owner after Substantial Completion to review need for facility operation services.
  • 2.7.2
  • Upon request, and within one year of Substantial Completion, Architect will meet again with Owner to review facility operations and performance and make appropriate recommendations to Owner.
  • Article 2.8 Schedule of Services

  • 2.8.1
  • Parties agree, through fill-in-blanks forms, on number of times Architect must: review each submittal; visit site during construction; inspect Work to determine substantial completion and/or final completion; services beyond specified numbers will be Change in Services.
  • 2.8.2
  • Eight categories of service are specified which will be provided as Change in Services; categories not listed in 1987 B141 include: review of submittals out of sequence from submittal schedule and responses to RFI's where information is available to Contractor.
  • 2.8.3
  • Fill-in-blank chart for parties to specify additional services to be provided by Architect
  • Article 2.9 Modifications

  • 2.9.1
  • Space for Parties to identify and itemize modifications to Standard Form of Architect Services.

CONCLUSION

Each of the "new" Owner/Architect agreements presents its own set of opportunities and challenges. Until the design professional becomes sufficiently familiar and comfortable with the more dramatic changes presented by B141-1997, the B151-1997 might make an attractive alternative.