The Owner Is the Source of Critical Project Data - and Sometimes the Source of Risk
The architect does not work in a vacuum. From the very first day of a project, the architect relies on information provided by the owner: the program, the budget, the site description, existing surveys, geotechnical reports, and utility information. AIA B101 Article 5 establishes what the owner is obligated to furnish - and just as importantly, establishes that the architect may rely on that information without independent verification. When owner-furnished information turns out to be inaccurate, the contractual protections in Article 5 become critical.
What AIA B101 Article 5 Requires the Owner to Furnish
- A written program for the project (space requirements, relationships, flexibility needs)
- Surveys describing site characteristics, legal description, utility locations, and topography
- Geotechnical investigations (boring logs, bearing capacities, groundwater levels)
- Existing facility condition documents (as-built drawings if applicable)
- Environmental assessment reports
- Legal requirements such as zoning verification and title reports
- The owner's schedule requirements and construction budget
Architect's Reliance on Owner Data
AIA B101 explicitly states that the architect may rely on the accuracy and completeness of owner-furnished information. This is important: the architect is not expected to independently verify a geotechnical report or confirm a property survey. If a survey shows the property line 5 feet from where it actually is, and the architect designs based on that survey, the architect has not breached the standard of care - as long as the architect acted reasonably in relying on the survey.
However, reliance is not unlimited. If the architect notices obvious inconsistencies or errors in owner-furnished information, they have a duty to bring those to the owner's attention. Blind reliance when red flags exist may not be protected.
What Happens When Owner Data Is Wrong
When owner-furnished information proves to be inaccurate, the consequences ripple through the project. Under AIA B101 Article 5, the architect is entitled to an equitable adjustment in both compensation and schedule when the work must be revised or redone because of inaccurate owner data. The owner cannot hold the architect responsible for consequences that result from the owner's own inaccurate information.
This principle is tested on the ARE in scenarios where the geotechnical report proves wrong, an existing utility is in a different location than the survey showed, or the owner's stated budget turns out to be inadequate for the described program. In each case, the architect's reliance on owner data is protected.
Practical Risk Management
- Always request owner-furnished information in writing and confirm receipt.
- Note any apparent inconsistencies in owner data in writing to the owner promptly.
- Include assumptions about owner-furnished information in design documents when significant.
- When geotechnical data is limited, recommend that the owner expand the investigation scope.
- Track the source of all key design parameters - know what came from the owner.
Key Exam Points
- AIA B101 Article 5 lists owner-furnished information obligations.
- Architect may rely on owner data without independent verification.
- Architect must notify owner of apparent errors or inconsistencies.
- Inaccurate owner data entitles architect to equitable adjustment in fee and schedule.
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