The American Institute of Architects (AIA) recently released updated contract documents, including two key residential contracts and a complimentary Condominium Project Guide.
Revised residential contract documents address insurance requirements, post-occupancy site visits, and maintenance requirements. The updated B109-2020, Standard Form of Agreement Between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Project, now includes a new, optional limitation of liability. While incorporating the aspects of the new B109, the free Condominium Projects Guide includes model language pertaining to the homeowners association, the individual unit owners, by-laws, and purchase agreements.
“Although the B109 is designed for multi-family residential projects, it specifically includes a representation by the owner that the project will not include a residential condominium,” said AIA Contract Documents Manager and Counsel James R. Germano, Esq. “Parties wishing to convert the B109 for use on a residential condominium project will find the Condominium Projects Guide helpful.”
For residential development, the updated B107-2020, Standard Form of Agreement Between Developer-Builder and Architect for Prototype(s) for a One or Two Single Family Residential Project with Limited Architectural Services, incorporates updated language from the B101, Owner/Architect Agreement. The B107 is specifically designed to allow a developer-builder to hire an architect to design prototype houses, the design of which can be repeatedly used by the developer-builder. The architect is expected to develop the design of each prototype to a level minimally required to achieve a building permit. Meanwhile, the developer-builder is expected to be an entity who is knowledgeable about residential construction who can then take this “Permit Set” of drawings and complete the project.
AIA is offering a free webinar on these updates on November 2 from 1 to 2 p.m. EST. Registration is required.
Other new and revised documents being released are:
The updated A305-2020, Contractor’s Qualification Statement,allows contractors to express additional capabilities such as safety protocols and plans, sustainability services as well as BIM experience. A305 can also now be assembled in a modular fashion. Contractors can use it to provide general information about their company, sensitive financial and performance information, and information that pertains to a specific project. The AIA worked closely with both the National Association of Surety Bond Producers (NASBP) and the Surety & Fidelity Association of America (SFAA) to develop the new warranty bond, which provides coverage for the contractor’s post-completion warranty obligations when a traditional performance bond may cease to provide coverage. A313-2020, Warranty Bond,is a useful tool to owners and contractors who wish to navigate the post-completion warranty obligation process more successfully, particularly on complex projects.The free B106-2020, Standard Form of Agreement Between Owner and Architect for Pro Bono Services,has been updated to include the 2017 core AIA document changes as well as clauses that help architects providing pro bono services mitigate the risk of such activities, including clauses that address indemnity and limitation of liability.
