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Form of Agreement - Custom Residential

  • 1.  Form of Agreement - Custom Residential

    Posted 11-03-2014 10:25 PM
    I'm interested in what others have found to be useful AIA Document forms of Owner-Architect Agreement for small custom residential design.  

    I've had this sole proprietor office going for about a year, and previously was familiar with the B141/B101 Agreements.  I know that a B101 would completely overwhelm this client, and is unnecessary.

    Is the B105 a good document?  What kind of fees does it include (hourly, fixed/lump sum, etc.)?

    Any thoughts are welcome.

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    Steven Rieck AIA
    President
    SLRieck, Architect
    Fort Wayne IN
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  • 2.  RE: Form of Agreement - Custom Residential

    Posted 11-04-2014 05:25 PM
    Steven,
    I've been using the B105 for custom residential for the past several years. It works well..not too long but long enough. However I usually send owners a letter of proposal to make sure we are in the same ballpark on fee and services before I send the B105. The letter of proposal usually has a lot more detail about scope and number of meetings etc. I typically add language to the B105 that references the letter.
    I like using the AIA software and having all of the contracts at my fingertips.  I share an account with another small firm and together we go through the "300 units " in a year easily wich makes it a good investment. I hope that helps.
    Cheers.

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    Thomas Ahleman AIA
    Principal
    Studio Talo Architecture, Inc.
    Evanston IL
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  • 3.  RE:Form of Agreement - Custom Residential

    Posted 11-04-2014 05:53 PM
    I think B105 is pretty easy for owners And architects to understand. 3 pages, so not overwhelming.
    I think a key part is the "detailed description" of the project. If it's agreed as a 3BR house, and owner wants 5 later, you have documentation of scope change. And, you can always insert "see attached program dated ..." if the detail doesn't fit in space provided.
    B105 identifies two project phases: Design (including Construction Documents) & Construction. Pretty simple.
    Regarding feesn it just says "The Architect's compensation shall be" and has a big blank space for you to be creative.
    Talk to your attorney to see if there is any special text to add for indemnity or whatever.

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    Joel Niemi AIA
    Principal
    Snohomish WA
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  • 4.  RE: Form of Agreement - Custom Residential

    Posted 11-05-2014 09:18 AM

    Steve,

    We use a letter agreement that has a list of General Terms and Conditions attached.

    Hope you are well! .............Mary
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    Mary Krupinski AIA
    Kirkwood Design Studio
    Bloomington IN
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  • 5.  RE: Form of Agreement - Custom Residential

    Posted 11-06-2014 06:40 PM
    You may find the following user guide helpful, it is a downloadable PDF:

    http://acdpages.aia.org/SmallProjectsGuide.html


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    Rob Walker AIA
    Principal
    Rob Walker Architects, LLC
    Birmingham AL
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  • 6.  RE: Form of Agreement - Custom Residential

    Posted 11-06-2014 08:24 PM
    My agreements are special, because I work by my patented construction method using concrete pour in place.
    Each job is different, some times I a hotel, or a shopping center, business people love to save money, and my method can be with a factor of insulation starting at R56, walls and roofs.   Clients for custom homes are seldom, owners of residential are happy paying big power bills.
    I am talking to developers, for massive construction, they love the savings in labor and the waterproofing of the roofs, savings on roofing cost, plus roofs reflecting the weather.   I build in Mexico 7,500 houses delivering 25 units per day, in here there are not limitations on the volume of concrete required, plus to fill the formwork, in here pumps are used, in Mexico buckets of concrete carried by laborers was the way; in here will be easy to deliver some hundreds per day.   Then the contracting is special, my fees are small (but often), I use AIA documents to have a base but lawyers at my side and in the client side are in charge of tuning up the contracting. 

    The bottom line is consider the pros and contras and make happy your clients, being protecting yourself. 
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    Eugenio Aburto AIA
    architect
    Eugenio Aburto, AIA
    Palm Desert CA
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  • 7.  RE: Form of Agreement - Custom Residential

    Posted 11-05-2014 09:46 AM
    I have been using AIA Document B105 - 2007, Std. Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project for several years. I insert a page for the agreed scope of work and  a second page for provisions  regarding schedules and billing, etc..
    Page 3 in th document allows you to detail the compensation construct you like. 
    From my 25 years of experience clients prefer a fixed fee understanding through the agreement/contract what will modify that fee. ie, changes in scope, increased quality of finishes and or square footage to name a few
    Its been a straight forward document for me allowing me to outline the process (and educate the client) in good format.

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    Cathleen Curtin AIA
    Principal Architect/Owner
    Cathleen Curtin Architects PLC
    Alexandria VA
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  • 8.  RE: Form of Agreement - Custom Residential

    Posted 11-05-2014 11:17 AM
    Steven:
    Check out the B188 - It was written especially for 'Housing Design Services'
    Please let me know how it worked out for you.
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    Morton Frank FAIA
    Morton Frank Architects
    Redwood City CA
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  • 9.  RE: Form of Agreement - Custom Residential

    Posted 11-06-2014 05:52 PM
    B188 is now B107, and is for "prototypical" housing - i.e. one design that will be built more than one time.  Not exactly custom homes, BUT - there might be some useful text in there to blend in elsewhere

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    Joel Niemi AIA
    Principal
    Snohomish WA
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  • 10.  RE: Form of Agreement - Custom Residential

    Posted 11-07-2014 05:51 PM
    I use the B105 for commercial and residential with the original  proposal letter
     attached as an addendum and referenced from within the 105.  I create a pdf that has the 105 and letter all combined in one file.  I write all my proposal letters from within an archicad file I set up just for proposals that has my letter head set up then create the new letter from a copy of a previous one.  When I open the file, there are about 5 horizontal rows of letters by category residential, commercial etc.

    One thing I learned the hard way is that the 105 does not have clause that allows you to quit working for a client if they are fulfilling their part of the agreement but for some reason you are not getting along or whatever.  My attorney created this language.  (I share it taking no responsibility for its legal veracity).

    In addition, either party may terminate this Agreement upon not less than seven days' written notice to the other for the party's convenience and without cause.  In the event the Architect elects to terminate for convenience and without cause, it shall provide the Contractor with an electronic copy of its drawings with the Architect's title block, seal and signature removed, for the Contractor's use in completing the Project by others.

    cheers  Saxon


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    Saxon Sigerson AIA
    Sigerson Architects
    Fair Oaks CA
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  • 11.  RE: Form of Agreement - Custom Residential

    Posted 11-05-2014 11:53 AM
    Hi Steven:

    I am a one person architectural office (approx. 10 projects/year) and have been using the (3) page B105 since 2008 for all of my addition/remodel/new house residential projects.  I have not had any clients have an issue with it - even with several lawyers as clients.  You can set whatever fee structure you would like, however, I typically use the lump sum fee broken down into 5 phases (SD, DD, CD, PC - Plan Check, CB - Construction Bid) - as most clients do not like the hourly approach.  I do list additional meetings above what I list in the fee schedule, major design changes after approved schematic design, and site/construction observations as either hourly or a set fee/visit.  I spell out additional services available but provided by others (structural engineering, surveys, soils reports, landscape design, etc.) with an approximate cost range (the client contracts with them) and then printing and city plan check fees as reimbursibles.  I use the "documents on demand" download option from the AIA website for each project.  I go to the AIA web site and pay for it (costs about $25-$30) and then with the active pdf format you download, write up the contract portions of client/architect info, project scope, architect responsibilities, fees, etc. and then print it out and scan it since you can't save it as a pdf from their file format (my one issue with it).  If you have more than 30-40 projects/year, you should look at the package deals to see whether they are more cost effective than the on demand method.  

    If you have any additional questions - please feel free to contact me. 

    Thanks,
    Bill Gregory
    310-507-5434 
    billgregory@arcelab.com

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    William Gregory AIA
    President
    Arcelab Inc. Architects
    Los Angeles CA
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  • 12.  RE: Form of Agreement - Custom Residential

    Posted 11-06-2014 05:54 PM
    We use a letter agreement that includes all of the general terms and conditions. It is set up so the first couple of paragraphs are used to describe the scope of the project and the fee structure. It is really easy to use - which is important to me in order to getting them done - so I can get the agreement out and signed with a fee deposit prior to starting work. Most of our work is done hourly although we occasionally go fixed fee, or hourly through SD and then convert to fixed fee. Some of our projects are very small and I love the flexibility this gives us so we can get an agreement in the clients hands quickly and easily.

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    F. John Barbour AIA
    Shelter Architecture, LLC
    Minneapolis MN
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  • 13.  RE: Form of Agreement - Custom Residential

    Posted 11-08-2014 12:57 PM
    I use a simple, two page, in-house developed contract that includes all the required items (per California Architects Board requirements), plus a few items that I learned from my old insurance company's education materials.  I find a simple contract is more palatable and less suspicious to potential clients.  I also have a very simple, one page, in house developed contract for projects with a really limited scope of work.  So far, I've had attorneys as clients who haven't had issues with my contracts, but (fortunately) they haven't been torture tested in court.

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    Patrick Marr AIA
    Patrick Marr, PE, AIA
    Santa Barbara CA
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