- Owner will have the right to join architect and general contractor in single mediation and arbitration.
- Architect will provide a time schedule for producing documents.
- Architect is to advise Owner in writing when it is aware of any conflicts, errors, omissions in the Construction Documents or defects in construction of the project.
- If the cost of the project as bid or negotiated exceeds the Owner’s budget by X percent (e.g. between 15-20%) Architect will revise the Construction Documents at no additional cost.
- Owner will be advised of all consultants and third parties hired by Architect in connection with the preparation of the Construction Documents, Owner will have a reasonable right of approval, and Owner will be a third-party beneficiary of such contracts. Third party contracts will contain a provision making a third-party beneficiary and will require the same professional error and omissions insurance and commercial general insurance required of Architect.
- Architect will be liable to Owner for additional costs incurred by Owner due to conflicts, errors or omissions in the Construction Documents.
- All documents, plans, sketches, models, etc. prepared by the Architect, including the schematic designs, the Design Development and the Construction Bid Documents are to be used solely for this Project. The Architect:
- shall be deemed the author for copyright of the documents
- shall not use these documents for any other project
- shall be responsible for accuracy and adequacy of the plans.
The Owner:
- shall have ownership of all documents.
- will be provided copies requested.
- agrees that these documents shall not be used for any other project without approval and compensation to Architect.
- shall have an irrevocable license to use, reproduce or make derivative works from these documents for any renovations, maintenance or remodeling of the Project.
- shall have an irrevocable license to use the image of the Project and to reproduce documents and data obtained within the documents.
- shall have an irrevocable license to use and reproduce the image of the Project designed by the Architect.
- Architect will review as-builts prepared by contractor for accuracy.
- Architect’s services for construction administration include one year warranty inspection.
- The construction documents will require contractor to prepare photos and daily logs during the progress of the project. Architect, Engineer, Contractor and all subcontractors which prepare records of the project (daily logs, field reports, job meeting minutes, etc.) will exchange copies weekly.
- If Architect is retained for construction administration, Architect will review lien waivers of contractor, subcontractors and suppliers with each pay application.
- Architect’s contract is entered into based upon a standard of mutual trust, good faith and fair dealing. Architect’s services will meet the “highest” standards of the community in preparation of the Construction Documents.
- Owner has the right to terminate the project at any time for convenience of Owner and Owner will pay for all work performed to date as well as any additional costs for obligations which cannot be terminated.
- Architect is to cooperate with Owner’s General Contractor in value engineering changes to the project.
- In designing Construction Documents, Architect will identify resulting effects of costs savings (e.g. if the Owner expects a quiet environment and the HVAC system is on a roof that is too light, vibration noise will be reflected in the building; or, if lightweight concrete is used for a floor decking, the stability of the floor may be affected if other design changes are not examined).
- In the event of any arbitration or litigation, the prevailing party will be paid reasonable attorney’s fees, costs of expert witnesses and costs of the arbitration or litigation. (In Arizona, if arbitration does not contain an attorney’s fees provision, the Arbitrator cannot award fees to the prevailing party.)
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