Our design-build client engaged us to negotiate an AIA Document A141–2014, Agreement Between Owner and Design-Builder and its related Design-Build Amendment (Exhibit A), and AIA Document A201-2017, General Conditions of the Contract for Construction, for a substantial project involving the conversion of existing commercial space into several dozen residential units, with a construction cost budget of about $6 million. Negotiations were challenging due to the owner’s sophistication and representation by unusually skilled counsel. We employed creative solutions to bridge differing perspectives and ensure the final contract remained reasonable for our client, which sought to avoid commercially unreasonable risks. The owner had specific requirements regarding the renovation of certain areas within the occupied building, as well as strict limitations affecting other areas, which we addressed contractually. Further complicating matters, the project had a narrow construction window dictated by its proximity to a major university, requiring work to be completed in sync with the leasing season and creating schedule challenges and potential risks for our client.
