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9/11 ~. .17 O. .0 0.-."'"'.-'0 o a::::::n ~ c::::::::J Cl1997 AIA@ AlA DOCUMENT 8151-1997 INSTRUCTIONS The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 LETTER FORMS OF AGREEM ENT. I.etter forms of agreement are generally discouraged hy the AlA. as is the performance of a part or the whole of professional savices on the basis of oral agreements or understandings. The standard AlA agreement forms have been developed through more than 100 years of experience and have been tested repeatedly in the courts. [n addition. the standard forms have been carefully coordinated with other AlA documents. STANDARD FORMS. "'lost A[A documents published since 1906 have contained in their titles the words "Standard Form:' The term "standard" is not meant to imply that a uniform set of contractual requirements is mandatory for AlA members or others in the construction industry. Rather, the AlA standard documents are intended to be used as fair and balanced baselines from which the parties can negotiate their bargains. As such, the documents have won general acceptance within the construction industry and have been uniformly interpreted by the courts. Within an industry spanning 50 states-each free to adopt different, and perhaps contradictory, laws affecting that industry- A[A documents form the basis for a generally consistent body of construction law. USE OF CURRENT DOCUMENTS. Prior to using any AlA document, the user should consult an AlA component chapter or a current AlA Documents Price List to determine the current edition of each document. REPRODUCTIONS. This document is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the A[A. This document is intended to be used as a consumable-that is, the original document purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in the American Institute of Architects confer any further rights to reproduce B151-1997 in whole or in part. A limited license is hereby granted to retail purchasers to reproduce a maximum of TEN copies of a completed document, with or without signatures, but only for use in connection with a particular project. Further reproductions are prohibited without application by a specific user to and after receipt of written permission from the AlA. The A[A logo is printed in red on the original version of this document. This logo distinguishes an original AlA document from copies and counterfeits. To ensure accuracy and uniformity of language, purchasers should use only an original A[A document or one that has been reproduced from an original under special limited license from AlA. Documents generated by the software AlA Contract Documents: Electronic Format for WindowsTl" do not contain a red logo. Documents reproduced in this program may be accompanied by A[A Document D401, Certification of Document's Authenticity. In addition, all documents in the program contain the license number under which the document was reproduced and the date of expiration of the license. CHANGES FROM THE PREVIOUS EDITION B151-1997 has been revised to reflect changes made in AlA Document AW1-I997, General Conditions of the Contract for Construction, and in AlA Document BI41-1997, Standard Form of Agreement Between Owner and Architect. Although it retains many similarities to the 1987 edition of B151, B151-1997 is primarily based upon the 1987 edition of B141. The following changes in content have been made on the recommendation of owners, AlA members, committees, and insurance and legal counsel. ARTICLE 1: The Architect is required to designate a representative authorized to act on behalf of the Architect. ARTICLE 2: The Architect's services are divided into five phases rather than three. Provisions have been added requiring the Architect to review and provide a preliminary evaluation of the Owner's program, schedule and construction budget. ARTICLE 3: A more extensive list of Additional Services is offered, and these are subdivided into three categories: Project Representation Beyond Basic Services, Contingent Additional Services, and Optional Additional Services. ARTICLE 4: A provision has been added requiring the Owner to furnish services of consultants that are reasonably required by the scope of the Project and are requested by the Architect. ARTICLE 5: The cost of management or supervision of construction or installation provided by a construction manager or separate contractor has be.en added to the definition of Construction Cost. ARTICLE 6: Protection of the Architect's and consultant's rights in Drawings, Specifications, and other documents is clarified and specifically extended to documents in electronic form. . ARTICLE 7: The title of this Article has been changed from "Arbitration" to "Dispute Resolution." Mediation has been added as a precursor to arbitration. and a waiver of claims for consequential damages (i.e.. indirect damages) has been added. ARTICLE 8: A new provision has been added permitting termination of the Agreement for the Owner's convenience, with appropriate compensation to the Architect. ARTICLE 9: A provision has been added under which the Owner may assign this Agreement to an institutional lender providing financing for the Project. New language has been added governing Owner requests for certification. ARTICLE 10: A new provision, Architect's Accounting Records. requires the Architect to make records of reimbursable expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense available to the Owner. USING THE 8151-1997 FORM MODIFICATIONS. Users are encouraged to consult with an attorney before completing an AlA document. Particularly with respect to contractor's licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may require modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. I ':-' ,'F~~1' ,';~"l~ ':T:~Y~ I' (:'~"" ....".. :Y',';. "ii . , '..~ ) it fit. ~~" ;~\ ~.~ ,.- , - . -,,, Xl'