When the CM as Agent negotiates and signs a custom (non AIA) contract with the Owner
and becomes the Owner’s official representative / Agent,
does he then contract with the Architect and Contractor on behalf of the Owner
using B101, A101 and A201?
Or in this case do all the parties have to get custom contracts to work together?
Thanks for your question @aidenjh!
The answer could vary depending on how the CM-A contract is structured, however in typical cases the B101, A101, and A201 would still be used between the architect, contractor, and owner. The difference is that the CM-A would be able to act on behalf of the owner, so the CM-A could essentially sign the contracts for the owner (as long as the custom agreement explicitly grants that authority).
The presence of a custom agreement does not automatically require custom owner-architect or owner-contractor agreements, and would only be used unless there is a specific reason to deviate from standard AIA contracts.
Hope this helps!
Kiara Galicinao, AIA, NCARB
Product Coordinator
Black Spectacles