Content.

Synopsis

Purpose

Changes from the previous edition

Dispute Resolution—Mediation and Arbitration

 

Synopsis.

AIA Document B102–2017 is a standard form of agreement between owner and architect that contains terms and conditions and compensation details. B102-2017 does not include a scope of architect’s services, which must be inserted in Article 1 or attached as an exhibit. The separation of the scope of services from the owner/architect agreement allows users the freedom to append alternative scopes of services. AIA standard form scopes of services documents that may be paired with B102–2017 include AIA Documents B201™, Architect’s Services: Design and Construction Contract Administration; B202™, Architect’s Services: Programming; B203™, Site Evaluation and Planning; B204™, Value Analysis; B205™, Historic Preservation; B206™, Security Evaluation and Planning; B207™, Architect’s Services: On-Site Representation; B209™, Construction Contract Administration; B210™, Facility Support; B211™, Commissioning; B212™, Regional and Urban Planning; B214™, LEED® Certification; B252™, Architectural Interior Design; and B253™, Furniture, Furnishings and Equipment Design. For use and execution of a document, see its instructions »

 

Purpose. 

AIA Document B102–2017 is a standard form of agreement between Owner and Architect that provides agreement terms only. B102–2017 does not include a scope of Architect’s services, which must be inserted in Article 1 or attached as an exhibit. The AIA publishes several standard form scopes of service which can be paired with B102–2017, including the following AIA Documents:

  •  B201, Architect’s Services: Design and Construction Contract Administration
  •  B202, Architect’s Services: Programming
  •  B203, Architect’s Services: Site Evaluation and Planning
  •  B204, Architect’s Services: Value Analysis
  •  B205, Architect’s Services: Historic Preservation
  •  B206, Architect’s Services: Security Evaluation and Planning
  •  B207, Architect’s Services: On-Site Representation
  •  B209, Architect’s Services: Construction Contract Administration
  •  B210, Architect’s Services: Facility Support Services
  •  B211, Architect’s Services: Commissioning
  •  B212, Architect’s Services: Regional and Urban Planning
  •  B214, Architect’s Services: LEED® Certification
  •  B252, Architect’s Services: Architectural Interior Design
  •  B253, Architect’s Services: Furniture, Furnishings and Equipment Design

B102–2007 uses the same terminology found in AIA Document B101™–2017, Agreement Between Owner and Architect. B102–2017 may be used with a variety of compensation methods, further described in these Instructions. Additionally, the AIA publishes AIA Document B503™, Guide for Amendments to AIA Owner-Architect Agreements, which discusses a number of topics common to Owner-Architect relationships and provides model language.

 

Changes from the previous edition.

AIA Document B102–2017 contains a number of significant changes in content from B102–2007, including changes to foster clarity in the Owner-Architect agreement. Described below are highlights of the major changes. 

Termination. A fill-point has been added for the parties to identify the termination fee that the Owner would pay to the Architect in the event of a termination for convenience or if the Architect terminates because of an extended suspension of the Project. The negotiated termination fee is in addition to any amounts due to the Architect for services already performed, Reimbursable Expenses incurred, and costs attributable to the termination. Additionally, revisions have been made to clarify that costs attributable to the termination include costs attributable to terminating consultant agreements. 

A provision was also added that allows the parties to determine a date upon which the agreement will terminate. The parties select from three choices for the termination date: (1) one year from the date of commencement of the Architect’s services, (2) one year from the date of Substantial Completion, or (3) another date that the parties must identify. If the parties fail to make a selection, the Agreement will terminate one year from the date of commencement of the Architect’s services. There are a number of provisions throughout the Agreement, such as Article 3 Copyrights and Licenses, where the terms and conditions will survive Termination of the Agreement.

 

Dispute Resolution—Mediation and Arbitration.

This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act.

The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at www.adr.org.