Substantial Completion, however, is a defined and objective point in time, and that in turn sets the end date for maintaining insurance. Comment:  Services that were deemed Additional Services in the 2007 edition are now broken into two distinct categories: Additional Services and Supplemental Services. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. requires a detailed estimate of the cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1., as a Supplemental Service. /Rotate 0 With this new 2017 edition, this protection has been further expanded to include damages arising out of an owner’s acceptance of non-conforming construction work. The words “best of the Architect’s knowledge, information, and belief” are often used as a concise way to hedge on what is being certified. Comment:  The substantive and important change in this section is that new language in 10.8.1 expressly allows the Architect to disclose the confidential information when required to do so by law or if required in order for it to defend itself in any dispute. validity of that choice, the AIA developed B101–2007, a one-part document that follows the format of B151–1997, but uses text copied and edited from both B141–1997 and B151–1997. The If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, if the Bidding Documents permit substitutions and shall and prepare and distribute addenda identifying approved substitutions to all prospective bidders. There have been instances where project owners forbid the architect from disclosing confidential information (for example, the discovery of ongoing pollution) even where state law or regulations required the Architect to report it a regulatory agency. An easy way to quickly see the changes is to download from the AIA website the “2007/2017 Comparative,” which is a redline showing what has been added and what has been deleted. together with Reimbursable Expense then due and all Termination Expenses as defined in Section 9.7. This is not a major revision. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. This Section 10.8 shall survive the termination of this Agreement. It is advisable that the Architect use this same type of language for other types of certifications as well. 2 0 obj Article 1 – Initial Information for the Project. and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The American Institute of Architects (AIA), on April 27, issued the 2017 update to the AIA B101™ “Standard Form of Agreement Between Owner and Architect.” There are a number of tweaks, refinements, improvements – and even a few significant changes. One reason given for including this information directly in the agreement, instead of what was previously an exhibit, is that it will be front and center and will result in more individuals actually reading the information and becoming knowledgeable about the content. 9.8 Except as otherwise expressly provided herein, the Agreement shall terminate one year from the date of Substantial Completion. He is founder and president of ConstructionRisk, LLC, which provides consulting services to owners, design professionals, contractors and attorneys on construction projects; risk management advice concerning insurance coverage; and guidance to those procuring insurance. It is quite another to have to make changes because a code official interprets the code differently than the reasonable interpretation of the design professional who exercised the appropriate standard of care. Comment:  This change in terminology from “environmentally responsible” to “sustainable” creates a clearer and more objectively defined term. 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work, Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. Comment:  This new compensation provision clarifies that, when overall compensation is on a percentage basis, progress payment calculations will be based on the current budget for the Cost of the Work. The B101-2007 Commentary provides explanations for many of the legal concepts and industry practices influencing the wording of particular B101 provisions. These changes, as well as numerous others, are addressed in greater detail in the balance of this paper. The section deletes the previous reference to an “optional Exhibit A, Initial Information,” and instead inserts all the relevant information directly into the agreement. Comment: The addition of the reference to section 6.3 here sets forth how the estimate is to be prepared. �H�Q�n�/n W�Ƿ���c2�,+�=,&�#&Q?hpS����#e�Ԣj\g���[��3��#��@6���a�����^}߶.�uRz���N�����5t�&�0�9@ dBWh�S�,���)�֊�l���p �80/�|9�b.ƥMS��Ѹ{A��Һٖ��V���Q�h�|}�. Note, however, that a new term, “Termination Fee,” has been added to the clause. %���� This change cures that problem.

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