Standard Form of Agreement Between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Projects
The AIA Document B109-2020, Standard Form of Agreement Between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Projects, serves as an agreement between an owner and an architect, specifically designed for multi-family residential or mixed-use residential projects. While this document builds on the framework of AIA Document B103–2017, Standard Form of Agreement Between Owner and Architect for a Complex Project, which caters to large or complex projects, it integrates terms and conditions aimed at addressing the distinct aspects of residential developments. However, it is crucial to note that this document, like all standard AIA contract forms, is a starting point and not a final solution. It requires careful customization to fit the specific needs and constraints of each project.
Comprehensive Service Phases
The document outlines the architect’s services during the typical phases of the design and construction of a project—schematic design, design development, construction documents, bidding or negotiation, and construction administration—and includes a pre-design services article that focuses on feasibility, layout, and regulatory assessments. These elements must be carefully tailored to meet the particular requirements of each project, ensuring that the agreement is not merely used in its original “off-the-shelf” form.
Residential-Focused Requirements
AIA Document B109–2020 is distinguished by its clear expectations and responsibilities for multi-residential or mixed-use projects, excluding residential condominiums unless specifically included. If condominiums are involved, modifications are essential. Given the unique risks that condominium projects place on Architects, the AIA has published the AIA Document B509–2020, Guide for Supplementary Conditions to B109-2020 for use on Condominium Projects.
When to Use B109–2020
AIA Document B109–2020 is particularly suitable for projects involving multi-family or mixed-use developments where specific residential requirements arise. It offers a structured approach to the design of a multi-family residential or mixed used projects, which require planning and execution. However, none of these provisions should be considered ready-made solutions. Each must be adjusted to reflect project-specific demands and contexts accurately.
For purely commercial projects, agreements such as AIA Document B103-2017 or AIA Document B101-201 may be more fitting. These documents focus on large-scale complexities not always covered by AIA Document B109–2020. For multi-family residential-centric projects where pre-design analysis is integral, AIA Document B109–2020 remains an excellent choice, provided it is customized to fit the project’s specific needs.
Ensure Your Project’s Success with B109–2020
In conclusion, AIA Document B109–2020 offers a robust starting point, crafted to address the unique demands of multi-family and mixed-use residential projects. The inclusion of standard and supplementary service provisions fosters comprehensive oversight and successful project outcomes. However, it is imperative that the document undergoes thorough customization, with modifications made to ensure it effectively addresses the particularities and nuances of each project. Without these critical alterations, the document may not adequately serve all parties involved.
Contact a legal professional today to tailor AIA Document B109–2020 to your project’s specific needs.
