So what can an owner do to ensure that their interests are properly protected? When an AIA form is submitted to an owner and decides to use it, these forms must be amended to create a level playing field. A better solution, however, is for an owner to use his or her own manuscript contract. Manuscript agreements allow owners to avoid rising negotiations and can be tailored to the specific needs and circumstances of the owner. Anderson Kill – Olick has lawyers with extensive experience in AIA construction contracts and manuscripts. Choosing the appropriate owner-architect arrangement is essential for any commercial design project. This is due to the fact that the agreement establishes a basis for the contractual relationship between the owner and the architect and communicates the project and the other services that the architect will provide. Architects and owners can choose from several aia-owner-architect agreements that are suitable for different methods, project sizes and complexities. AIA agreements provide a proven and judicial framework for discussing and negotiating key conditions, including the scope of benefits and compensation for the architect. They are widely accepted and used in the construction industry, which means a consensus between individuals and groups representing the interests of architects, owners and contractors. AIA COMITÉ Documents develops AIA contract documents as part of a rigorous process that includes contributions from subcontractor organizations, ownership groups, architects, legal and insurance advisors and other stakeholders in the construction process. AIA contract documents are regularly updated to reflect changes in the construction and construction sectors as well as in legislation. Since courts have tested agreements over time, users can rely on the importance and interpretation of the terms of the contract.
These agreements provide a strong framework for relationships between owners, architects, contractors and other project participants. AIA agreements are not as impartial and balanced as they may seem. First, the AIA is an organization that, according to its website, represents “the professional interests of American architects” and formal agreements reflect such interests. In addition, the aIA form agreements have been subject to numerous revisions since the introduction of the first forms, and each revision has shifted the balance of owners to architects and contractors. This ongoing change is partly due to the fact that the Association of General Contractors is working with the AIA to develop multi-type agreements. As expected, this has resulted in formal agreements that tend to favour the architect and contractor over the owner, as the following two examples will show. B103-2017, the standard form of agreement between owner and architect for a complex project, is similar to B101; For example, the basic benefits of B103 are performed in the same five phases as those described in the B101.