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:
Please note though that Exhibit B is *not* applicable if the parties choose to use a Stipulated Sum.
The A141 - 2004 Agreement Between Owner and Design-Builder also requires the parties to select the payment type from three choices:
The A141 - 2004 with its attached exhibit makes up the core of the Design-Build Contract. And because the A141 - 2004 includes its own Terms and Conditions it does not require use of the A201 - 1997.
The A142 – 2004 Agreement Between Design-Builder and Contractor document replaces A491 – 1996 and consists of the Agreement and five exhibits:
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:
Like A141 – 2004, A142 – 2004 requires the parties to select the payment type from three choices:
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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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