1. Structure of B101
B101 is broken into Articles that outline the relationship between the Owner and the Architect. At a high level, it flows like this:
- Article 1 – Initial Information
Defines the project, program, budget, site, and anticipated schedule. Sets the foundation. - Article 2 – Architect’s Responsibilities
Professional standard of care, coordination with consultants, maintaining insurance, and obligations to perform services diligently. - Article 3 – Scope of Architect’s Basic Services
The heart of the contract:- Schematic Design
- Design Development
- Construction Documents
- Bidding/Negotiation
- Construction Phase Services
Each phase has deliverables, meetings, coordination, and review expectations.
- Article 4 – Additional Services
Lists services that aren’t included in Basic Services, like LEED certification support, post-occupancy evaluation, programming, or site selection. These must be compensated separately. - Article 5 – Owner’s Responsibilities
The Owner provides project information, budget, site surveys, geotechnical reports, and timely decisions. The Owner also pays for special consultants (like hazardous materials testing). - Article 6 – Cost of the Work
Defines what is included in “Cost of the Work” (construction costs, contractor’s overhead/profit, materials, equipment), and what is excluded (architect’s fees, land costs, financing). - Article 7 – Copyrights and Licenses
Instruments of Service (drawings, models, specifications) belong to the Architect, but the Owner gets a license to use them for this project. - Article 8 – Claims and Disputes
Mirrors A201: first Initial Decision Maker (often the Architect), then mediation, then arbitration or litigation. - Article 9 – Termination or Suspension
Owner or Architect can terminate for cause or convenience; compensation owed for work completed and some overhead. - Article 10 – Miscellaneous Provisions
Governing law, assignment of the agreement, etc. - Article 11 – Compensation
Establishes how the Architect is paid: stipulated sum, percentage of construction cost, or another method. - Article 12 – Special Terms and Conditions
Any project-specific modifications or negotiated provisions. - Article 13 – Scope of the Agreement
Integration clause (entire agreement).
2. How B101 Differs from A201 and Other Agreements
- B101 vs. A201
- B101: governs the relationship between Owner and Architect.
- A201: governs the relationship between Owner and Contractor, but the Architect has a role in contract administration.
- Together, they “speak” to each other: B101 tells the Architect what to do in administering A201.
- B101 vs. Other Owner–Architect Agreements (like B104 or B105)
- B101: Full-service, for medium to large projects, includes all five phases.
- B104: Abbreviated services, for smaller projects (fewer deliverables, less detailed).
- B105: Short form, for very small residential/commercial jobs.
- B133: Used with Construction Manager as Constructor (CMc) delivery.
- B103: Complex projects, often when a program manager or multiple prime contractors are involved.
3. AIA B101 Study Notes
Standard of Care
- Architect must perform with the skill and care ordinarily provided by other professionals under similar circumstances.
- Not a guarantee of perfection.
Basic Services (Article 3)
- Schematic Design → Design Development → Construction Documents → Bidding/Negotiation → Construction Phase.
- Deliverables and review responsibilities must be understood in sequence.
- Architect is not responsible for contractor’s means and methods.
Additional Services (Article 4)
- If the Owner wants programming, LEED certification, post-occupancy studies, or specialty consulting, these require separate compensation.
- Architect must notify Owner if services requested are beyond Basic Services.
Owner’s Responsibilities (Article 5)
- Provide surveys, geotech, program, and budget.
- Designate a representative with decision-making authority.
- Owner pays for testing, inspections, and consultants not in Architect’s scope.
Cost of the Work (Article 6)
- Used to calculate Architect’s fees (if percentage-based).
- Excludes Owner’s land costs, financing, and Architect’s services.
- Architect must design within budget; if bids exceed budget, Architect must revise at no additional cost (unless budget is changed by Owner).
Instruments of Service (Article 7)
- Architect retains copyright.
- Owner gets a non-exclusive license to use for this project only.
- Cannot be reused on future projects without Architect’s permission.
Dispute Resolution (Article 8)
- Same flow as A201:
- Initial Decision Maker (often the Architect).
- Mediation.
- Binding resolution (arbitration or litigation).
Termination (Article 9)
- Owner can terminate at convenience, but must pay for services rendered and termination expenses.
- Architect can terminate if Owner suspends project for more than 90 days.
Compensation (Article 11)
Hourly (time & materials).
Fee options:
Lump sum.
Percentage of cost of work.
Speaking of architectural contracts, you might find it helpful to explore the role of the Architect and the legal framework surrounding the Construction contracts. Additionally, understanding concepts like the Professional liability insurance can provide deeper insight into the obligations and risks involved in these agreements.