In addition to the contractor and the architect, a construction manager assists the owner in an advisory capacity during design and construction. In the second column, the parties must designate the associated maximum number of hours the architect may provide for each associated service. However, the scope of services for a CM advisor is significantly different than a typical ownerâs representative agreement because the CM advisor has overlapping responsibilities shared with the design professional and contractor and is authorized to make important project decisions for the owner. This replaces Article 10 of A132–2009 with AIA Document A132–2019 Exhibit A. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. If the architect is providing construction phase services, B106–2020 is intended to be used in conjunction with AIA Document A201®–2017, General Conditions of the Contract for Construction, which incorporates by reference. This standard form of agreement between owner … To the extent that the Owner needs additional time to file mortgages or security interests or delay the Project start for reasons other than the issuance of a NTP, the parties would select (and complete) option 3. § 4.2.2 Alternates. Owner’s Representative shall provide a project team at all times that shall have sufficient capacity, skill and experience to perform the Work (“Owner’s Representative’s Team”). The proposed Project should be described in sufficient detail to identify: (1) the official name or title of the facility; (2) the location of the site; and (3) a brief description of the Project, including the proposed building usage, size, and capacity or scope of the Project. § 5.8 If the architect requests services of consultants that are necessary for the architect to perform its pro bono services, the owner must provide the consultants’ services. If the parties do not identify an Initial Decision Maker, then the Architect will provide initial decisions. A table format is provided which the parties may use to designate the scope of the architect’s pro bono services and the maximum number of hours to be provided by the architect for each designated pro bono service. Dispute Resolution—Mediation and Arbitration. It should not be earlier than the date of execution (signing) of the Agreement. Professional services should not be performed prior to the effective date of the agreement. In a contract using a stipulated sum for the Contractor’s compensation, the Owner has agreed to pay a specific amount regardless of the cost incurred by the Contractor in the performance of the Work. Here are several important considerations: (i) Professional Services. Standard Form of Agreement Between Owner and Architect Editing Template ... § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. In each prompt, the parties should insert the limits of insurance coverage that the architect is required to maintain. Because liquidated damages are a function of the Contractor’s failure to substantially complete the Work of this Contract within the Contract Time, this section has been added to cross-reference the fill point for liquidated damages in Article 4 (relating to adjustments in the Contract Sum). Identify and state the amounts of any allowances. Arbitration may be mandatory under the terms of this agreement. 0000011096 00000 n
When evaluating the role of ownerâs representatives, itâs important to understand the range of terminology used to describe these consultants. The CM advisor provides cost estimating services throughout the duration of the project and may provide advice regarding constructability, availability of materials, construction sequencing, schedule impacts of alternative construction methods, and other issues. For more information, see the document footer and the AIA Contract Documents® Terms of Service. A more prescriptive provision on retainage has been included that will allow the parties to clearly delineate the retainage amount, exclusions from retainage, and how retainage may be reduced when the Work of this Contract is substantially complete.
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