Released earlier this year, the contracts and forms will enable design firms and their clients to better use both forms of design-build.
Traditional design-build family of documents
In design-build project delivery, the client contracts directly with a design-builder who is obligated to design and construct the project. The design-builder then enters into contracts with design professionals and construction contractors, as needed. The design-builder may be a design-build entity, design firm, construction contractor, real estate developer, or any person or entity legally permitted to do business as a design-builder in the jurisdiction where the project is located. The design-builder’s organization may take a variety of legal forms, such as a sole proprietorship, partnership, joint venture, or corporation. An architect or architectural firm choosing to function as a design-builder may directly contract to perform design-build services or, alternatively, may form a separate corporate entity or joint venture for design-build.
The newly released documents for a traditional design-build project delivery system are as follows:
A141-2024, Standard Form of Agreement Between Owner and Design‐Builder for a Traditional Design-Build Project
This new document replaces the 2014 version and consists of the agreement portion and “Exhibit A, a Design-Build Amendment,” which is executed when the owner and design-builder have agreed on the contract sum, “Exhibit B, Insurance and Bonds,” and “Exhibit C, Sustainable Projects.” A141 forms the nucleus of the contract for design-build between the owner and design-builder.
In A141, the owner provides a set of criteria establishing the requirements for the project. Thereafter, the design-builder will review the criteria, develop a preliminary design, and then provide a proposal to the owner regarding the contract sum. Upon mutual agreement, the owner and design-builder will execute the design-build amendment to establish the contract sum and document the information upon which the contract sum is based. The design-build amendment also includes the determination for the cost of the work, if the contract sum is based on a cost of the work with or without a guaranteed maximum price.
A145-2024, Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project
This new contract is for use on a one- or two-family residential project and consists of the agreement portion and “Exhibit A, a Design-Build Amendment,” which is executed when the owner and design-builder have agreed on the contract sum. A145 is a streamlined document developed to meet the needs of residential owners and design-builders.
It is important for any design firm that wants to lead the design-build process to recognize that a design-builder assumes responsibility and liability for both the design services and construction work. Some states may restrict or prohibit design-build practices under statutes that regulate professional registration, contractor licensing, or incorporation of professionals. Additionally, federal, state, or local law may impose specific requirements on contracts for residential construction. The requirements for single-family and two-family projects may be different. It is the project owner’s duty to consult local authorities or an attorney to verify requirements applicable to the agreement.
A441-2024, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project
A441 establishes the contractual relationship between the contractor and subcontractor on a design-build project. The document incorporates by reference the terms and conditions of A142, Agreement Between Design-Builder and Contractor. A441 was written to achieve consistency with the AIA 2024 Design-Build family of documents. Because subcontractors are often required to provide professional services on a design-build project, the document provides for that possibility.
B141-2024, Standard Form of Agreement Between Design‐Builder and Architect for a Traditional Design-Build Project
B141 replaces B143–2014 and establishes the contractual arrangement between the design-builder and architect. The document does not provide a fixed scope of architect’s services but instead includes an extensive menu of services from which the design-builder and architect may select.
B141 can be used for different contractual scenarios that may arise on a design-build project. If the design-build entity lacks the internal capacity to provide architectural services or is required to separately contract for architectural services by virtue of local licensing regulations or other legal requirements, the design-build entity can use B141 to enter into an agreement with an architect to perform all the architectural services on the project. B141 can also be used when the design-builder directly performs some of the architectural services under its agreement with the owner. In this instance, B141 can be used to contract with additional architects that will provide portions of the architectural services. At times, a design-build entity may retain an architect to only provide a preliminary design while the design-builder will use either a separate architect or its own forces to develop the construction documents and perform contract administration services.
C141-2024, Standard Form of Agreement Between Owner and Consultant for a Design‐Build Project
C141 provides a standard form for the upfront services an owner may require when considering design-build project delivery. The consultant, who may or may not be an architect or other design professional, may perform a wide-ranging array of services for the owner, including programming and planning, budgeting and cost estimating, project criteria development services, development of bridging documents, conducting construction, and administration services. C141 consists of the agreement portion and “Exhibit A, Consultant’s Services,” which provides a menu of briefly described services that the parties can select and augment to suit the needs of the project.
C441-2024, Standard Form of Agreement Between Architect and Consultant for a Design-Build Project
C441 establishes the contractual relationship between the architect and a consultant providing services to the architect on a design-build project. C441 is suitable for use with all types of consultants, including consulting architects, and incorporates by reference the preexisting prime agreement between the design-builder and architect. C441 was written for consistency with other documents in the 2024 design-build family of documents and allows for a variety of compensation methods.
E242-2024, BIM Exhibit for Sharing Models with Project Participants on a Design-Build Project
E242 serves as an exhibit to be used by all project participants using building information modeling (BIM) on a project. The document is intended to be used when project participants agree that no model versions will be designated as part of the construction contract. E242 allows the project participants to agree upon terms related to BIM, including model uses, sharing, and reliance. The contract also includes terms related to insurance for BIM and digital data risks, as well as terms for non-BIM digital data, and requires the project participants to complete and adhere to a BIM Execution Plan, such as AIA document G203-2022.
Additional forms that work with the traditional design-build delivery system include the following:
- G741–2024, Change Order for a Design-Build Project
- G741S–2024, Change Order for a Design-Build Project, Subcontractor Version
- G742–2024, Application and Certificate for Payment for a Design-Build Project
- G742CW–2024, Application and Certificate for Payment for Cost of the Work Design-Build Projects without a Guaranteed Maximum Price
- G742GMP–2024, Application and Certificate for Payment for Cost of the Work Design-Build Projects with a Guaranteed Maximum Price
- G742S–2024, Application for Payment for a Design-Build Project, Subcontractor Version
- G743–2024, Continuation Sheet for a Design-Build Project
- G743CW–2024, Continuation Sheet for Cost of the Work Design-Build Projects
- G743S–2024, Continuation Sheet for a Design-Build Project, Subcontractor Version
- G744–2014, Certificate of Substantial Completion for a Design-Build Project
- G745–2024, Change Directive for a Design-Build Project
- G841–2024, Request for Authorization to Proceed with Additional Services for a Design-Build Project
New progressive design-build family of documents
With progressive design-build, the owner enters into a contract with a single entity design-builder. The design-builder is then obligated to both design and construct the project. Unlike traditional design-build, the owner is much more involved in the evolution of the project's design. The owner may also hire a consultant to assist the owner in working with the design-builder. The design-builder then enters into contracts with the design team and construction subcontractors, if necessary. The design-builder may be a developer or single-purpose entity, a design professional-led organization, or a contractor-led organization.
A141PDB-2024, Standard Form of Agreement Between Owner and Design‐Builder for a Progressive Design-Build Project
A141PDB is a modified version of A141 and is for use on progressive design-build projects. A141PDB consists of the agreement, “Exhibit A, Insurance and Bonds,” “Exhibit B, Design-Build Amendment,” which is executed when the owner and design-builder have agreed on the contract sum, and “Exhibit C, Sustainable Projects.” AIA documents A141 and A141PDB form the nucleus of the contract for design-build between the owner and design-builder.
B141PDB-2024, Standard Form of Agreement Between Design-Builder and Architect for a Progressive Design-Build Project
B141PDB is a modified version of B141 and is for use on progressive design-build projects. B141PDB establishes the contractual arrangement between the design-builder and architect. Unlike B141, B141PDB provides a more fixed scope of the architect’s services while also including a menu of services from which the design-builder and architect may select.
More information on the updated and newly created documents and forms can be found on the AIA website or from the AIA’s help center.