Standard Form of Agreement Between Developer-Builder and Architect for Prototype(s) for a One- or Two-Family Residential Project with Limited Architectural Services
AIA Document B107–2020, Standard Form of Agreement Between Developer-Builder and Architect for Prototype(s) for a One- or Two-Family Residential Project with Limited Architectural Services is a limited agreement that is prepared when an architect performs limited services for one- and two-family prototype houses. The architect would typically prepare a permit set of documents and furnish limited construction-phase services for the first house built from each prototype. The developer-builder retains the right to reuse the design within the scope stated in the agreement following the initial construction.
The Developer-Builder Takes the Lead
In contrast to a conventional owner–architect relationship, AIA Document B107–2020 relies upon the developer-builder to act independently in executing the project, much like a speculative homebuilder. The guide assumes that the developer-builder is already familiar with residential codes, construction methods, and building systems. The architect’s scope is less extensive: prepare permit-level documents and provide some assistance with preliminary construction of each prototype.
Designed for Reuse
This agreement is directly tailored for projects with the same design prototype that are going to be repeated in different houses. It specifies the quantity of houses that may be constructed under the design, where they can be located, and for how long the design may be reused. The agreement also permits parties to agree on reuse compensation and establish limits to safeguard the intellectual property of the architect.
How AIA Document B107–2020 differs from B101–2017
The contrast between AIA Document B107–2020 and more traditional AIA Document B101–2017 is dramatic. Under B101–2017, the architect provides a full range of services—schematic design, design development, construction documents, bidding services, and contract administration.
AIA Document B107–2020 restricts the scope. The architect designs schematic and permit-set documents but transfers product selection, detailed design development, and construction administration to the developer-builder. Construction advice and site visits, if given, are restricted and typically seen as additional services. This leaner approach makes sense when working with experienced developer-builders, but may not suit clients who expect hands-on guidance from their architect.
The second essential distinction is control over the architect’s work. Under AIA Document B101–2017, reuse is prohibited unless expressly agreed upon. Under AIA Document B107–2020, this is turned upside down: it actually anticipates developer-builder reuse of prototype designs, provided the reuse stays within agreed-upon geographic and time limits and compensation terms are respected.
Because the architect’s scope of work is limited, AIA Document B107–2020 may not be suitable for high-level residential projects or developer-builders with minimal construction experience. With a novice developer-builder, the reduced supervision would expose both parties to risk.
The Importance of Personalization
As with all AIA contracts, this document cannot be adopted verbatim. Local building codes, licensing requirements, lien laws, insurance rules, and dispute resolution statutes all vary by jurisdiction and must be complied with. Discretion also needs to be exercised with provisions that involve copyright, licensing, and reuse of design, because those provisions usually specify the real value of the contract.
Need Help Customizing AIA Document B107–2020?
AIA Document B107–2020 is a streamlined framework for prototype housing developments, with the developer-builder taking the lead and the architect providing just enough professional input to ensure sound design. Its strength lies in clarity and efficiency, but it demands customization to address legal, intellectual property, and project-specific issues. Used thoughtfully, it can be an effective solution to developer-led housing developments.
We can help you customize AIA Document B107–2020, Standard Form of Agreement Between Developer-Builder and Architect for Prototype(s) for a One- or Two-Family Residential Project with Limited Architectural Services to safeguard your rights, define reuse terms, and adapt to local law—so your prototype projects move forward with confidence. Reach out today.
