Example of use: if the owner terminates this agreement, the architect accepts the selection of another architect of the owner`s choice who somehow helps the owner to complete the project. The architect also agrees to cooperate reasonably and provide all the information requested by the owner for the completion of the project, and approves the implementation of appropriate modifications to the design of the project by the owner and the other architects desired by the owner. All services provided by the architect following termination, which are requested by the owner after termination, are treated as additional services, as provided in this contract and paid by the owner on that basis, provided that the owner has the right to deduct amounts that the architect can then charge the owner for the payment for these benefits. Example of use: the architect`s right to photograph the project is limited to the period before and including working days after the substantial completion of the project. Under no circumstances can the architect use images of the owner or owner family in any way without the express written consent of the owner and/or those persons. The architect is not required to photograph any of the following components/aspects of the project: – The following article is the fourth of five installments of a March 2017 article in the Edition of La Practical Real Estate Lawyer discussing design and work issues and concerns from an owner`s perspective. Because of the length of the original article, it was divided into five parts. The fifth part will be published in a future article. AIA COMITÉ Documents develops AIA contract documents as part of a rigorous process that includes contributions from subcontractor organizations, ownership groups, architects, legal and insurance advisors and other stakeholders in the construction process.
AIA contract documents are regularly updated to reflect changes in the construction and construction sectors as well as in legislation. Since courts have tested agreements over time, users can rely on the importance and interpretation of the terms of the contract. These agreements provide a strong framework for relationships between owners, architects, contractors and other project participants. Example of use: the architect maintains, throughout the period of this project and for a period of two years after, a standard form of error and omission insurance with an insurance company that is satisfactory to the owner. The architect must provide the owner with proof of such insurance of an amount equal to $1 million per debt and a total value of $1.00. The architect ensures that all engineers and consultants mandated or employed by the architect finish and maintain a similar insurance with reasonably prudent limitations and coverage, the architect being able to obtain the owner`s approval in advance for such limits. Dispute resolution. The form of architectural agreements (including AIA and ConsensusDocs) often requires mediation and/or arbitration as the necessary mechanisms for dispute resolution. The decision to accept arbitration is a strategic decision that every owner must make in the context of a particular project. In some cases, the owner may not have the power to negotiate to depart from the dispute resolution mechanism defined in the formality agreement. However, in each situation, there are several problems that most homeowners want to address.
First, many homeowners will agree to arbitrate minor dollar issues, but want to set a threshold from which the owner can choose to pursue the problem. Second, if the owner is required to mediate, it is essential that all parties necessary to the dispute be placed in the same arbitration.