Category | Briefing Papers
By Kristine Kroenke and Dean Thomson. Dean is a member of the firm’s Construction Law Department and can be reached at 612.359.7624 or email@example.com.
This Briefing Paper is a companion to our earlier Briefing Paper on the AIA A201-2017 General Conditions. Like the recently revised A201 General Conditions, new revisions to the AIA B101, Standard Form of Agreement Between Owner and Architect, and the B103, Standard Form of Agreement Between Owner and Architect for a Complex Project, were issued by the AIA in April 2017. This Briefing Paper will highlight some of the more significant changes to the standard forms of these Owner/Architect Agreements.
Many of the changes to the B103 are the same as the changes made to the B101. This Briefing Paper will provide the citation to both documents with the applicable sections of the B103-2017 included in parentheses. However, despite some changes to standardize the language between the two forms, there are a few notable differences between the B101-2017 and the B103-2017, which are also discussed below.
The B103-2017 treatment of this issue is different from the B101-2017. The revision made to the AIA Document B101-2017 § 6.7 to permit the Architect to claim additional compensation if a re-design is necessary was not made in the AIA Document B103-2017, § 6.6. Instead, under § 6.6 of the B103-2017, if bids exceed the estimated Cost of the Work at the conclusion of the Design Development Phase and the Owner adjusts its program, scope, or quality to reduce the Cost of the Work, then the Architect shall incorporate the revisions in the Construction Documents “without additional compensation.” However, under B103-2017, § 6.3, the Architect would be entitled to compensation for an Additional Service due to the “Cost Consultant’s “inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate.” The AIA has not yet provided any justification for the different treatment for the same issue between the two documents.
This Briefing Paper has not discussed all of the changes in the B101 and the B103, but has intended to address some of the more significant changes. As with all of the AIA documents, changes can be made to the standard templates. Timely review and negotiation can help the parties develop a contract that addresses the areas where additional clarification is needed or where a different risk allocation is desired.
Fabyanske, Westra, Hart & Thomson, P.A. is pleased to announce that the following six attorneys from the firm were selected by their peers as U.S. News Best Lawyers in America©: Charles Carpenter, Gary Eidson, Marv Fabyanske, Kyle Hart, Dean Thomson and Mark Westra. U.S. News Best Lawyers in America© is one of the oldest and most respected peer-review publications in the legal profession.
Congratulations to the ten attorneys from Fabyanske, Westra, Hart & Thomson, P.A. who have been named 2017 “Minnesota Super Lawyers”. The polling, researching, and selecting of “Super Lawyers” is designed to identify Minnesota lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of Minnesota attorneys receive this honor. FWHT’s 2017 “Minnesota Super Lawyers” include Scott Anderson, Gary Eidson, Marv Fabyanske, Kyle Hart, Jesse Orman, Greg Spalj, Dean Thomson and Mark Westra. Once again, Kyle Hart was selected as a Top 100 Super Lawyer, and Dean Thomson was selected as a Top 10 Super Lawyer.
Congratulations to the Fabyanske, Westra, Hart & Thomson, P.A. attorney Hugh Brown who has been named 2017 Minnesota “Rising Star”. “Rising Stars” are nominated by their peers and must be 40 years old or under, or have been practicing for 10 years or less. No more than 2.5 percent of the lawyers in the state are named to the list.
Fabyanske Westra Hart & Thomson congratulates shareholder Mark Becker on being elected Chair of the Construction Law Section of the Minnesota State Bar Association for 2017-2018. Mark has served on the Construction Law Section Governing Council since 2012. Mark represents Developers, General Contractors, Architects, Engineers, Subcontractors, and Sureties in negotiating contracts and resolving complex construction disputes.
Tom Vollbrecht is a Program Chair for the Construction Program on Insurance at the ABA/FSLC Mid-Winter Meeting in Washington, D.C. on January 25, 2018. Tom is also a chapter author for the upcoming ABA/FSLC publication, Managing and Litigating the Complex Surety Case (Third Edition), and will be speaking at the Spring Surety Program in Santa Fe, NM on May 10-11, 2018.
This discussion is generalized in nature and should not be considered a substitute for professional advice. © 2017 FWH&T.