Small Project Design

  • 1.  B-105 "Design" Definition

    Posted 04-22-2014 04:41 PM
    This message has been cross posted to the following Discussion Forums: Practice Management Member Conversations and Small Project Practitioners .
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    Hello,

    The question I have is about the sentence in B105, Article 1: "The architect shall develop a design." The question in my mind is whether "a design" refers to what we understand as Schematic Design or whether it refers to what we understand as Design Development or whether it refers to something else.

    To determine the applicable standard of care normally requires litigation and a decision by the adjudicating body. Since the AIA has written this contract, honestly, I think the AIA is passing the buck to require me to litigate a contract in order to establish the definition of this key word. Can anyone provide clarification of what this term means?

    This will allow me to know how much to bill my client for a job that has stopped at the conclusion of Schematic Design. Do I bill for all of "the design" or do I bill for only part of "the design"?


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    Jonathan Lipman AIA
    Jonathan Lipman, AIA & Associates
    Fairfield IA
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  • 2.  RE:B-105 "Design" Definition

    Posted 04-23-2014 08:34 PM
    Jonathan,

    CONTRACT TERMINATION
    Our contracts are typically written so that there are fee portions associated with each of the phases (Schematic Design, Design Development, Construction / Code Docs, Bidding Negotiation and Construction Observation).  Sometimes the phases vary from this 5 part model depending on project complexity and duration.  This allows us to know what to charge for whatever phase the project is in.  It also gives clean termination points if such should happen before project completion.  We further say that if work is stopped before completion, we will be paid for work completed to date based on our hourly rate schedule.

    I'M NOT A LAWYER, BUT HERE'S MY OPINION ON "DESIGN" IN THE B-105
    To answer your question regarding the definition of the word "design".  I believe all of your work is "design" work, and whatever your work product is, in whatever state of progress, it is "design".  The article you reference further says, after the clause you quoted...."Upon the Owner's approval of the design, the Architect shall prepare Construction documents..."  So that indicates that the design was not final, but a "before construction documents" level of design.  That could be either Schematic or Design Development level.

    I hope this is helpful. 

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    Adam Trott AIA
    Owner
    Adam J. Trott Architect
    Erie PA
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  • 3.  RE:B-105 "Design" Definition

    Posted 04-25-2014 02:54 PM
    May I suggest just reading the B105 from start to finish?

    #1, it's for residential or small commercial projects.  Says so in the title.  It's simplified.  It's condensed.  Don't use it for your next international airport project.  If your process has full-on Schematic and Design Development phases for the 200 sf addition to the local real estate office ... I'd be interested in knowing how you make any money!

    It describes only two "Phases" in Article 1:  The Design Phase, and the Construction Phase. 

    No pre-design (programming).  No Schematic Design, Design Development, Construction Documents, Bidding, or Construction Phases.

    The paragraph with test that starts "During the Design Phase" ends with awarding a contract for construction.

    There is a place to list the services you're going to provide.  Seems like a handy place to list your services.  If you want to break the "Design Phase" into a series of activities, you could do that there.  Tell your client all the different things you'll be doing for them.  Edit the list of activities in the Design Phase and Construction Phase description to match.

    Article 6 covers compensation.  Seems like a place where you could state fees for each of the Phases, for each of the activities in each phase, or whatever you like.  If you have broken down your Services to say that one of them is "prepare space plan for Owner's Approval", and you have given them that drawing, you could bill them for that.  I would steer away from not getting paid until they've approved it.  Deal with how many revisions they get to make "for free".


    Note that B105's next-step-up big brother, the B104, has a total of 3 Phases:  Design, Construction Documents, and Construction.  Again, it's streamlined.  A lot of commercial work does not require the olde traditional 5 phases.  Shopping center (for those who are still doing them!) : "Design" is a site plan, elevations, and maybe drawings which the Owner will use for chasing tenants with.  The building type, as it were, is well known and doesn't require a lot of "Developing".  An enclosed public swimming pool, on the other hand ....


    AND, if you search for "aia project phases", you may come across The Five Phases of Design which says design spans from the first thinking about doing something, to moving in:  " Originate, Focus, Design, Build, Occupy ".

    So, back to the Original Question about the extent/duration of the Design Phase per B105 -- by the terms of that Agreement, the services are up to and including "awarding contracts for construction".

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    Joel Niemi AIA
    Principal
    Snohomish WA
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