AIA - C401 Flashcards
What is C401
Agreement between architect and the consultants. It recognizes the owner-architect agreement as to the prime agreement
Article 1 - General Provisions
- 1 - B101 agreement should be attached to it
- 2 -The portion consultant will work on should be mentioned.
- 3-owner - Architect - consultants
- 4 - Consultant is independent and he is not an employee, an agent of the architect.
- 5 -all communication should be through the architect
- 6 - architect and consultant agree to share professional credit
- 10- parties will agree upon protocols for transmission and use of digital information. E203
Article 2 - Consultants Responsibilities
- 1 - the standard of care for consultants
- 2 - consultant should identify a representative to act on his behalf
- 3 - consultants should recommend to architect surveys, investigations for the proper execution.
- 4- C should coordinate its services with other consultants to avoid delays
- 5 - C shall provide drawings, reports anything that the architect might need.
- 6 - C would not be responsible for the architect
- 7 - C shall submit a schedule for performance that should be adjusted for the project.
- 8 - consultants insurances - commercial general liability, automobile liability, umbrella insurance for both, workers compensation, employers liability, professional liability. Additional insured obligations are needed. submit proof of these to the architect.
Article 3 - Scope of Consultant’s Services
- 1 -consultant should put the number of site visits
- 2 - if any changes happen consultant should confirm with the architect
- 3 - consultant should be licensed
- 5 - C if involved in any claim shall provide the required info
- 6 - if A rejects work and C is a part of it then C can rule the decision out as well.
Article 4 - Additional Services
Add Serv. shall be only done after authorization. upon recognizing the need for additional services the C should inform the A to reach out to the O.
Article 5 - Architect’s Responsibility
- 1 - Program and other info that C might need shall be given to them
- 2 - who is working on the architect’s behalf
- 3 - A shall give anything that C might need
- 4 - C is responsible for his drawings, A will not interfere or act on their behalf.
- 5 - C will give the cost of work so that A has an accurate amount
- 6 - A shall advise C to work together with MEP
- 8 - A shall be entitled to rely on the accuracy of C’s work.
- 9 - within 7 days, A shall request info from O for C to evaluate, give notice, or enforce the lien
Article 6 - Cost of the Work
- 1 - the cost of the work is mentioned in prime agreement
- 2 - C shall estimate the cost for his portion
- 3 - if the cost exceeds the C should make an appropriate suggestion to A to adjust the project’s size
Article 7 - Copyrights and Licenses
- 1 - C grants to A a license to use the C’s instrument of service
- 2 - C or A should not make changes in each other’s work
- 3 - C shall maintain a file and available to the A, design calc. of his portion of work.
Article 8 - Claims and Disputes
8.1 - it follows the prime agreement
A shall be harmless if C makes a mistake
If A make any mistake the C is also harmless
A dispute between A and C arising out of O’s acts shall be resolved as per the prime agreement.
8.2 - Mediation - Dispute between A and O then a written request shall be made. it shall be in mediation for 60 days before going to arbitration.
The parties shall share the mediator’s fee equally
If Mediation does not work then next is Arbitration or litigation.
if a method is not selected then it’ll go to court
8.3 - Arcritration - a rule of the American arbitration association should be followed.
the award rendered by the arbitrator shall be final.
Article 9 - Termination or suspension
- 1 - if the owner terminates A then the A can terminate C and d shall be paid up to the work that has been done.
- 2 - A shall notify C of such termination.
Article 10 - Misc Provision
10.1 - Govern by Prime agreement
10.2 - terms shall have the same meaning as in A201
104 - nothing in this agreement can create a contractual relationship against A AND C
10.5 - A and C has no responsibility to the site
10.6 - confidential
10.7 - 7 days notice before revealing anything
if anything violates the law then it should be revoked.
Article 11 - Compensation
- 1 - A shall compensate C
- 2 - Additional services cost
- 3 - Additional work amount state
- 4 - Hourly billing if at all
- 5 - Reimbursable expenses - they are in addition to the cost of the services
- 6 - A shall get prompt payments from the O and then pay C promptly.
Article 12 - Special Terms and Conditions
special terms and conditions are mentioned here
Article 13 - Scope of Agreement
- 1 - This is the final scope, this supersedes everything decided before.
- 2 - E203 Building modeling and digital data exhibit
