Agreement Between Design-Builder and Contractor
AIA Document A142–2014 outlines the contractual relationship between a design-builder and a contractor, facilitating a streamlined process for design-build projects by integrating the conditions and terms within the agreement and its accompanying exhibits. This document is composed of four key exhibits: Exhibit A covering Terms and Conditions, Exhibit B detailing Insurance and Bonds, Exhibit C for Preconstruction Services, and Exhibit D which determines the Cost of the Work. These exhibits ensure comprehensive management and clarity across all phases of construction under the design-build umbrella.
Key Features of A142–2014
A142–2014 serves as the foundational contract for construction, obligating the contractor to adhere strictly to the contract documents, which include all exhibits, supplementary conditions, and modifications. It provides flexibility in payment structures, allowing the owner and contractor to choose from Stipulated Sum, Cost of the Work Plus a Design-Builder’s Fee, or Cost of the Work Plus Fee with a Guaranteed Maximum Price (GMP). This structure ensures adaptability to different project needs while maintaining strict adherence to agreed contract terms.
How A142–2014 Works With Other Agreements
This agreement pairs effectively with the AIA Document A141–2014, Agreement Between Owner and Design-Builder, supporting projects that benefit from unified, clear contracting under a single design-build team. In contrast, for traditional design-bid-build projects, where separate entities are retained by the owner for the design and construction roles, a traditional subcontract agreement, such as the AIA Document A401 – 2017, Standard Form of Agreement Between Contractor and Subcontractor is more appropriate to be used to retain a subcontractor.
The Importance of Customization
While AIA Document A142–2014 serves as a foundational agreement between a design-builder and a contractor, facilitating the coordination of both design and construction elements within a unified contractual framework, it is crucial to acknowledge the need for customization to meet the specific demands of each project. Every construction project involves its unique set of requirements, including local regulations, site-specific challenges, and varying stakeholder expectations, which a standard form like AIA Document A142–2014 may not fully encompass. Customizing the agreement through modifications to existing clauses or the addition of new provisions is essential for ensuring it accurately reflects the project’s particular needs. This approach helps clarify roles, manage risks effectively, and comply with legal standards. Neglecting such essential customization can result in critical project details being overlooked, which may lead to misunderstandings or disputes as the project advances.
Why Use A142–2014?
AIA Document A142–2014 provides a structured, adaptable agreement for design-build projects, aligning contractor obligations and owner expectations under a single standardized framework. The provision of multiple payment options and detailed exhibits supports flexibility while maintaining robust project oversight and risk management strategies, crucial for successfully navigating design-build endeavors. This document optimizes both design and construction processes by ensuring transparent, efficient, and collaborative project execution.
Ensure your design-build project runs smoothly—contact us today to discuss tailoring AIA Document A142–2014 to your project’s needs.
