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AIA Forms - A141 & A142

A141 - Agreement Between The Owner And The Design-Builder

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The A141 – 2004 Agreement Between Owner and Design-Builder replaces the A191 – 1996 and consists of the Agreement Between Owner and Design-Builder and three exhibits:

  • Exhibit A, Terms and Conditions
  • Exhibit B, Determination of the Cost of the Work
  • Exhibit C, Insurance and Bonds

Please note though that Exhibit B is *not* applicable if the parties choose to use a Stipulated Sum.

A141 – 2004 requires the Design-Builder to fully execute the work required by the design-build documents, which include the:

  • A141 – 2004 with its attached exhibits
  • The project criteria and the design-builder’s proposal, including any revisions to those documents accepted by the owner
  • Supplementary and other conditions, addenda, and modifications

The A141 - 2004 with its attached exhibit makes up the core of the Design-Build Contract.

Also, because the A141 - 2004 includes its own Terms and Conditions it does not require use of the A201 - 1997.

The A141 - 2004 Agreement Between Owner and Design-Builder requires the parties to select the payment type from three choices:

  • (1) Stipulated Sum,
  • (2) Cost of the Work Plus Design-Builder’s Fee, and
  • (3) Cost of the Work Plus Design-Builder’s Fee with a Guaranteed Maximum Price

AIA Forms - A142

Agreement Between The Design-Builder And The Contractor

The A142 – 2004 Agreement Between Design-Builder and Contractor document replaces A491 – 1996 and consists of the Agreement and five exhibits:

  • Exhibit A, Terms and Conditions
  • Exhibit B, Preconstruction Services
  • Exhibit C, Contractor’s Scope of Work
  • Exhibit D, Determination of the Cost of the Work
  • Exhibit E, Insurance and Bonds.

Unlike the B491 – 1996 document, the A142 – 2004 does not rely on A201 for its general conditions of the contract.

Instead, the A142 – 2004 Agreement Between Design-Builder and Contractor contains its own Terms and Conditions; it obligates the contractor to perform the work in accordance with the Contract Documents, which include the A142–2004 with its attached exhibits as well as:

  • Supplementary and other conditions
  • Drawings
  • Specifications
  • Addenda
  • Modifications

Like A141 – 2004, A142 – 2004 requires the parties to select the payment type from three choices:

  • Stipulated Sum
  • Cost of the Work Plus Design-Builder’s Fee
  • Cost of the Work Plus Design-Builder’s Fee with a Guaranteed Maximum Price

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I've been told over the years that the AIA documents are always skewed in the Architect's favor.

They're not the ideal documents for every project; please get the help of an attorney before agreeing to the use of any document that the contractor provides to you.

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