AIA Document B108-2009, Standard Form of Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project, is a specialized standard form of agreement designed for projects that are federally funded or federally insured. Developed with input from various federal agencies, this document incorporates terms and conditions specific to such projects, endeavoring to conform the agreement to federal requirements. While AIA Document B108-2009 is designed to be a starting point, as with any form agreement, they are not perfect in their off-the-shelf form and should be customized to suit the specific needs of each project. As with all AIA agreements, parties should consult with a legal professional to ensure the document is appropriately tailored to their project.
AIA Document B108-2009 organizes the architect’s basic services around five traditional phases: schematic design, design development, construction documents, bidding or negotiation, and construction. However, project-specific requirements may necessitate revisions, and legal guidance can help tailor these phases to better fit the project’s unique context.
Beyond these basic services, AIA Document B108–2009 also outlines optional and additional services. Optional services are agreed upon when the document is executed and are included in the architect’s fee, while additional services may arise after execution, becoming the owner’s responsibility if federal funding or insurance is unavailable.
The B108 document is adaptable regarding cost estimation, allowing either the owner or architect to provide cost estimates according to the project’s needs and resources. This flexibility is facilitated through a checkbox format, enabling parties to clearly define responsibilities at the outset of the agreement. Custom adjustments through legal expertise can help ensure these arrangements align properly with both parties’ expectations.
AIA Document B108–2009 integrates with other AIA documents, such as AIA Document A201-2007, General Conditions (the predecessor of the AIA Document A201-2017, General Conditions), which helps to create a coordinated scope of services for all project participants. However, to ensure alignment with additional agency-required guidelines or supplemental conditions, consulting the relevant federal agency requirements and legal professionals is usually necessary to ensure the AIA Document B108-2009 conforms to the specific requirements of the applicable agency.
As its name implies, the AIA Document B108-2009 is particularly suited for projects requiring adherence to federal regulations due to their funding or insurance status. AIA Document B108–2009 is the preferred agreement for projects involving federal oversight, providing necessary provisions that address the unique complexities and requirements of these projects. Yet, customization remains essential to adequately address project-specific needs and regulatory compliance.
Compared to other AIA agreements, AIA Document B108–2009 distinguishes itself by its federal focus. While documents like AIA Document B101-2017 or AIA Document B103-2017 cater to larger commercial projects, they lack the federal compliance details central to AIA Document B108-2009.
In summary, AIA Document B108–2009 offers a targeted solution for federally funded or insured projects, combining standard architectural service phases with the specific requirements of federal oversight. It supports project success by clearly delineating responsibilities and expectations in a federal context. While AIA Document B105–2017 provides a solid framework, it (and any standard form of agreement) should not be used as-is without careful customization to fit the unique nuances of each project.
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