The AIA Updates its Contract Forms and Says Good Riddance to the B141 and B151

On November 5, 2007, the AIA released its updated 2007 contract forms. For years the use of the AIA contract forms has been widespread in the construction industry and most are aware of the specific roles and responsibilities the AIA forms define for the owner, owner’s agent, designers and contractors. To some, the familiarity with the roles and responsibilities of the project participants provides an important foundation upon which specific terms for a particular project can be negotiated. The AIA’s 2007 revisions have changed this familiar landscape and project participants need to analyze carefully the new contract forms and the revisions to their respective roles and responsibilities.

In particular, the AIA has done away with both the B141 and B151 form contracts between Owner and Architect and replaced them with the new B101. This consolidated form incorporates provisions from both the B141 and the B151 and separates the agreement portion (B102) from the services portion (B201) as was done with the former B141. Substantive revisions have been made to the provisions defining the standard of care, insurance requirements, sustainable design and instruments of service. The revisions transcend the ownerarchitect agreements and impact all project participants. Notably, the General Conditions of the Contract for Construction (A201) have been altered changing the contractor’s obligation to report nonconformities, responsibility for construction schedules and the time period within which subcontractors are to be paid. Provisions governing the Owner’s indemnification obligations and payments to subcontractors as well as the architect’s obligation to review submittals, respond to RFIs, and it’s role as the initial decision-maker likewise have been revised.

Every construction professional should become familiar with the new documents and the significance of the revisions contained in them before signing on the dotted line. We encourage you to contact your attorney to learn how the new forms may affect your business.

NOVEMEBER 2007