AIA Document B— is a standard short form of agreement between owner and architect. B— is for use on a project that is modest in size and brief in duration. B— is intended for use with A—, which it incorporates by reference. B is extremely abbreviated and is formatted more informally than other AIA agreements. Cover Page. The date represents the date the Agreement becomes effective.
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Related Documents. Within a document family, common definitions and parallel phrasing combine to form a consistent structure in support of all the major contractual relationships on the construction project. In order to maintain the condensed nature of this document, arbitration and other ADR provisions are omitted, but the parties may include them under Article 7.
Even if not included in the agreement, the parties may agree to use ADR methods to resolve disputes instead of filing claims in court. If a combination of AIA documents and non-AIA documents is to be used, particular care must be taken to achieve consistency of language and intent.
Letter Forms of Agreement. Letter forms of agreement are generally discouraged by the AIA, as is the performance of a part or the whole of professional services based on oral agreements or understandings.
The standard AIA agreement forms have been developed through more than years of experience and have been tested repeatedly in the courts. In addition, the standard forms have been carefully coordinated with other AIA documents. Use of Current Documents.
This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed B—, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA.
Rights to reproduce the document may vary for users of documents purchased electronically. Users of documents purchased electronically should consult the End User License Agreement. Language has been added indicating that the Agreement will terminate one year from the date of Substantial Completion, unless otherwise agreed. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws.
Users are encouraged to consult an attorney before completing or modifying a document. In a purchased paper AIA Contract Document, necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special conditions or referenced amendments.
Modifications directly to purchased paper AIA Contract Documents may also be achieved by striking out language. However, care must be taken in making these kinds of deletions. Under NO circumstances should standard language be struck out to render it illegible. For example, users should not apply blocking tape, correction fluid or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent concealment, or suggest that the completed and signed document has been tampered with.
Both parties should initial handwritten changes. Using AIA software, modifications to insert information and revise the standard AIA text may be made as the software permits. By reviewing properly made modifications to a standard AIA Contract Document, parties familiar with that document can quickly understand the essence of the proposed relationship.
Commercial exchanges are greatly simplified and expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal interpretation given to a standard clause.
Cover Page Date. The date represents the date the Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Agreement was originally submitted to the other party, the date authorizing action was taken or the date of actual execution.
Professional services should not be performed prior to the effective date of the Agreement. Parties to this Agreement should be identified using the full legal name under which the Agreement is to be executed, including a designation of the legal status of both parties sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, closed or professional], etc.
Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. The proposed Project should be described in sufficient detail to identify 1 the official name or title of the facility, 2 the location of the site, if known, 3 the proposed building usage, and 4 the size, capacity or scope of the Project, if known. Some sample methods of computing compensation are provided below: Multiple of Direct Salary Expense Compensation for services rendered by principals, employees and professional consultants shall be based on a Multiple of Direct Personnel Expense.
In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. After inserting the amount or method of compensation, insert the amount of the initial payment, which is to be determined by the parties. Insert the percentage amount of the administrative fee to be paid to the Architect for reimbursable expenses. Insert the number of days at which interest on unpaid invoices will begin to accrue and the rate of interest agreed upon or leave the interest rate blank to select the legal rate of interest.
Insert the number of months beyond which additional compensation shall be paid for services not completed through no fault of the Architect. For more information about modifying the document, refer to the Modifications section of these Instructions.
Instructions: B105™–2017, Standard Form of Agreement Between Owner and Architect