Resilient comfort. As mentioned above, maintaining flexibility is important for most homeowners in the planning and design process. Although most form agreements for architectural services respond to termination for reasons, not all cover the problem of convenience termination. In addition, if the original architect is licensed, it is a good thing to ensure that the owner can hire a replacement architect to complete the project without having to go back and repeat all the work of the previous architect. Insurance E-O. While most form agreements for architectural services meet insurance requirements, not all do. For many homeowners, it is important to ensure that the architect supports an appropriate error and omission assurance. In the case of large projects, an owner is often advised to check the insurance rules in a design, engineering or construction contract with the owner`s risk advisor during the negotiation process. Below, you will find a discussion on topics that owner advisors often find, are not treated appropriately in the form of agreements for architectural services. For each problem, I provide one or more examples of additions that address some of the concerns of a typical homeowner. Any provision can be used either as part of an addendum or directly inserted into the text of a form agreement. Although the list below is quite complete, it is only a starting point and should not be exhaustive.

Many projects may have additional and/or unique problems that the owner`s advisor must address. The terminology in the discussion supplements and the following examples (. B for example, architect, owner, contractor, work, project) generally corresponds to the terminology used in the AIA family of form documents. When using other form families, make sure that the terms roughly used in your addendum pathway are used with the terminology defined in the form agreement. For example, the contractor is referred to as a “contractor” in the AIA documents and a “designer” in the ConsensusDocs forms. Some of the provisions below may overlap with provisions contained in an AIA or ConsensusDocs form and therefore may not always apply. However, provisions that may overlap with form documents are often necessary when it comes to the custom form of an architect or contractor, as these custom forms are generally much less detailed than AIA or ConsensusDocs forms and often omitting provisions that address some of the owners` important concerns. This is the first of two articles dealing with common ownership issues in the form of design contracts and works.

This article deals with architectural services contracts, while the accompanying article (to be published in an upcoming edition of Practical Real Estate Lawyer) focuses on work contracts. Choosing the appropriate owner-architect arrangement is essential for any commercial design project. This is due to the fact that the agreement establishes a basis for the contractual relationship between the owner and the architect and communicates the project and the other services that the architect will provide. Architects and owners can choose from several aia-owner-architect agreements that are suitable for different methods, project sizes and complexities. AIA agreements provide a proven and judicial framework for discussing and negotiating key conditions, including the scope of benefits and compensation for the architect.