"AIA Releases New Integrated Project Delivery and Design Build Documents"
On October 17, 2008, AIA published six new contract documents: (1) C196-2008; (2) C197-2008; (3) E2002-2008; (4) A441–2008; (5) C441–2008; and (6) B207–2008. See www.aia.org/docs
Two of the documents (C196 and C197) coordinate with C195-2008, or the Standard Form Single Purpose Entity (SPE) Agreement for integrated project delivery ("IPD"). The C195 sets up a limited liability company that contracts with a team to design and construct a project. The C196-2008 and C197-2008, enable the SPE to contract with its owner- and nonowner-members. The C196 establishes the owner as a collaborating partner and delineates the terms for funding the SPE. The C197 specifies services and compensation for nonowner-members (architects, engineers, contractors). Both documents provide for dispute resolution. The E202–2008, or Building Information Modeling (BIM) Protocol Exhibit, provides a customizable document to establish terms of use for digital models throughout a project. The architects, engineers, contractors, and owners share a set of digital models representing an entire building. E202 removes any confusion surrounding ownership of and responsibility for models, and clarifies the level of detail subcontractors and others can rely on. The E202 also establishes standards for the team.
The A441 and C441 are standard agreements for use in design-build practices. The documents establish relationships between contractors and subcontractors (A441–2008) and between architects and their consultants (C441–2008). Rights and responsibilities of the parties and scope of work to be performed are outlined. Shared risk, dispute resolution, communications, and compensation are also addressed.
The sixth new document is B207–2008, or Standard Form of Architect’s Services On-Site Project Representation. The B207 outlines responsibilities of and compensation for architect’s representatives on job sites, replacing B352–2000.
For more information, contact John Higgins at 513-646-0440 or jhiggins@fbtlaw.com.
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C. Michael Shull, III focuses his practice on construction law and litigation. Michael's client representations range from casinos and ENR Top 400 contractors to design firms and subcontractors.