Standard Form of Agreement Between Owner and Architect for Pro Bono Services
AIA Document B106–2020, Standard Form of Agreement Between Owner and Architect for Pro Bono Services, establishes a simple contract framework for projects where an architect is donating services, with the exception of expense reimbursement. It replaced the 2010 version and added more flexibility for pro bono services arrangements. Among the key revisions is a services table in which the parties can identify which services the architect will provide and set maximum hours for each task. This helps to ensure that expectations—both in scope and time—are clearly defined upfront. If construction phase services are included, the form uses AIA Document A201–2017, General Conditions of the Contract for Construction.
Why It Matters
Even when no fee is paid, an architect still takes on professional responsibilities and potential liability. That’s why documenting the arrangement is so important. The 2020 revision added provisions for dealing with insurance, sustainable project responsibilities using AIA Document E204–2017 (Sustainable Projects Exhibit), and even a means for converting the agreement into a paid services contract if pro bono hours are exceeded—without having to start over with an entirely new form.
How It Fits Into the B-Series
Within the family of B-series owner–architect agreements, AIA Document B106–2020 stands apart.
Conversely, AIA Document B106–2020 is the only form written specifically for pro bono services. While a different B-series form can be adapted, it does tend to add unnecessary complexity. AIA Document B106–2020 provides the clearest, most straightforward basis for documenting donated services.
Strengths and Limitations
AIA Document B106–2020’s strongest feature is clarity. It prevents disputes by clearly defining the architect’s role, time commitment, and scope of service. Its flexibility also reflects the realities of pro bono projects, allowing for varied service types and even a transition to paid work if necessary. That said, its narrow scope makes it less suitable for projects where payment is expected or for complex pro bono projects needing greater scope detail definition. For those, another B-series form would generally be better suited.
The Need for Customization
As with every AIA contract, AIA Document B106–2020 is not intended for “off the shelf” use. State laws may impose requirements on professional service agreements, whether paid or unpaid. They can require licensing, insurance, indemnity, lien rights, or liability limits. Every pro bono project is unique, so customization is necessary to tailor the agreement to both legal requirements and project-specific conditions.
Need Guidance on Pro Bono Agreements?
AIA Document B106–2020 provides architects and owners with a workable model for documenting pro bono services. It acknowledges that although the services are being donated, the professional risks and obligations are quite real. Best suited to charitable, community, or limited-scope projects, it introduces clarity, fairness, and flexibility—provided it is adapted to fit the project and jurisdiction at hand.
If you are working on a project with AIA Document B106–2020, Standard Form of Agreement Between Owner and Architect for Pro Bono Services, we can help you customize the agreement to protect you and advance the mission of the project. Call now.
