PCM-AIA B101 Standard Form of Agreement between Owner and Architect

Question 1

Art. 1

What is B101-2017?

Answer 1

Standard Form of Agreement Between Owner and Architect

Architect’s legal info
Project’s location/ Info

Owner’s legal info

Question 2

Art.1

What information makes the Initial Information important?

Answer 2

• 1.1.1 Owner’s Program for the Project.
• 1.1.2 The Project’s physical characteristics (location, dimensions, geotech reposrts, site boundaries, topographic surveys, traffic and utilities studies, utility avialbility & services, legal description
• 1.1.3 The Owner’s Budget for the Cost of the Work
• 1.1.4 The Owner’s Design and Construction Milestone dates: ( desigh phase milestones, construction commencement, substancial Completion,

Question 3

Art. 1

What Project Procurement and Delivery Methods are available to the Owner?

Answer 3

• Competative Bids or Negatiated Contract
• accelerated or fast track design and construction
• multiple bid package or phased construction

Question 4

Art 1

How does the Owner identifies any Sustainable objectives?

Answer 4

1.) Incorporate into B101, AIA Document E204-2017, Sustainable Projects Exhibit.
defines the terms, conditions, and services related to owner’s sustainable objectives.
2.) Incorporates into C401, and owner’s consultants. Everyone involved is aware of the Sustainable objectives!

Question 5

Can the Owner identify a representative or agent?

Answer 5

Yes, as a responsibility, the owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.

sect 1.1.7 and 5.3

Question 6

Art 1

What consultants/contractors is the Owner required to retain?

1.1.9

Answer 6

1.) Geotech enigineers
2.) Civil Engineers
3.) Electrical Engineer
4.) other required specialties as defined in the agreement

Question 7

Art. 1, Art 3

Who are the Basic Service Consultants for the Architect?

Answer 7

1. Structural Engineer
2. Mecanical Engineer
3. Electrical Engineer

3.1

Question 8

Art 1

Who are the Supplemental Service Consultants for the Architect?

Answer 8

1. Civil Engineer
2. Landscape Designer
3. Interior Designer
4. Telecommunications/Data Design

Supplemental services are those beyond basic services, and signed into t

Question 9

What happends when the Initial Information materially changes?

Answer 9

1. The Architect’s services, design schedule, and compensation is adjusted by the owner and architect.
2. The Owner’s budget for the Cost of the Work, and design/construction milestones are adjusted by the Owner.

Time is money!

Question 10

Art 1

What AIA document establishes digital transmission protocols for the e-transmission of the Instrument of Service?

Answer 10

E203-2013 Building Information Modeling and Digital Data Exhibit, and
G202-2013 Project Building Information Modeling Protocol Form

Question 11

Art. 1

If there are no protocols in place for the e-transmission of documents, will the architect have more or less liability?

Answer 11

without protocols in place, the using or relying party’s sole risk, and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the BIM, and of their agents and employees.

1.3.1

Question 12

Art 2

What are some of the Architect’s responsibilities?

Answer 12

1. To be properly licensed in the projects jurisdiction.
2. To Perform services consistent with the STANDARD OF CARE
3. Identify a representative authorized to act on behalf of the Architect with respect to the Project.
4. Keep from compromising himself or the project. Do not engage in activities or accept any empoyment, interest, or contributions.
5. Provide insurance coverage, Provide Certificate of Insurance to the owner as proof

2.5.8

Question 13

What is the Standard of Care?

Answer 13

The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

The standard of care is the prevailing benchmark of professional practice in architecture and design and the threshold of protection under professional liability insurance.

2.2

Question 14

Art 2

What insurance is the architect required to have by AIA B101-2017?

2.5

Answer 14

1. Commercial General Liability- bodily injury and property damage. Slander, Liable
2. Automobile liability - vehicles owned and non owned used by hte architect
3. Worker’s Compensation - required by federal law, job related injuries
4. Employer’s Liability - wrongful terminations, sexual harassment
5. Professional Liability - negligent acts, errors, and omissions

Question 15

If the Owner requires additional insurance, higher that what the architects already covers, who pays for the additional coverage?

2.5.7

Answer 15

The Owner

sect. 2.5, 11.9

Question 16

Art 3

What are some of the Architect’s services within the B101?

Answer 16

1. Manage the architect’s services
2. Research applicable design criteria.
3. Attend project meetings
4. Communicte w/ members of Project Team
5. Report progress to the Owner
6. Coordinate with Owner’s consultants

3.1.1

Question 17

Art 3

The Architect has a different relationship with the Owner’s consultants, to reduce risk and liability, what are some things the architect must do or not do to keep himself from liability.

Answer 17

1. Architect shall coordinate its services with those services provided by the Owner, and the owner’s consultants.
2. Architect shall be entitled to rely on, and shall NOT be responsible for the accuracy, completeness and timeliness of, services and information furnished by the Owner and Owner’s consultants.
3. Architect shall provide prompt written notice to the Owner if the architect becomes aware of any error, omission, or inconsistency in such services or information.

Question 18

Art 3

After the B101 is signed, What is the next step the architect must do?

Answer 18

Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s Services:
* The Schedule shall include anticipated dates for the Commencement of Contruction, and Substancial Completion of the Work.
* Schedule shall include allowances for periods of time required for Owner’s review
* for performance of the Owner’s consultants,
* for approvals of submissions by authorities having jurisdiction over the Project.

3.1.3

Question 19

Can the Design Schedule be changed at anytime?

Answer 19

Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner.
With the Owner’s approval , the Architect shall adjust the schedule, if necessary, as the Project proceeds until the Commencement of Construction.

3.1.3

Question 20

Art 3

Is the architect responsible for the changes the Owner’s make?

Answer 20

Architect shall NOT be reponsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-comforming work, made or given without the Architect’s written approval.

3.1.4

Question 21

Art 3

Who is responsible to contact AHJ and utilities for the project?

Answer 21

• Architect shall contact government authorites requitred to approved the Construction Documents,
• contact entities providing utility services to the Project.
• Architect shall respond to applicable design requirements imposed by the AHJ, and entities.

3.1.5

Question 22

Art 3

The AHJ requires additional documentation, who is responsible to provide?

Answer 22

The architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental AHJ over the project.

3.1.6

Question 23

Art 3.2 Schematic Design Phase services

What are the Architect’s Schematic Design Services?

Answer 23

The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.

3.2.1

Question 24

3.2

How must the Architect ascertain the preliminary requirements of the Project?

Answer 24

The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to **ascertain the requirements of the Project. **
The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project.

3.2.1

Question 25

3.2.3

When does the Architect reach an understanding with the Owner regarding the preliminary project requirements?

Answer 25

The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project.

The Architect shall reach an understanding with the Owner regarding the requirements of the Project.

3.2.3

Question 26

3.2

When does Preliminary Design commence?

Answer 26

Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components.

3.2.4

Question 27

3.2 Schematic Design services

Upon preliminary approval by the Owner, The architect must prepare which Schematic Design documents?

Answer 27

Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval.
The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.

3.2.5

Question 28

3.2

What Sustainable Design services are included in the Architects basic services?

Answer 28

The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work.

The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1.

3.2.5.1

Question 29

3.2

In what phase does the architect consider alternative materials?

Answer 29

The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work.

Question 30

3.2.6

What administrative duties must the architect do before moving to the Design Development Phase?

Answer 30

• The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3.
• The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval.

§ 3.2.7

Question 31

3.3 Design Development Phase Services

Does the architect need approval before moving to the Design Development Phase?

Answer 31

• Based on the Owner’s approval of the Schematic Design Documents,
• and on the Owner’s authorization of any adjustments in the Project requirements, and the budget for the Cost of the Work,
• the Architect shall prepare Design Development Documents for the Owner’s approval.

3.3.1

Question 32

In addition to the approved Schematic Design drawings, what two additional drawings are developed in the Design Development phase?

Answer 32

The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements.
The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels.

Question 33

What administrative duties must the architect do before moving to the Construction Document Phase services?

Answer 33

• The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.
• The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval.

§ 3.3.3

Question 34

Art 3.4 Construction Document Phase Services

Does the architect need approval before moving to the Construction Document Phase?

Answer 34

• Based on the Owner’s approval of the Design Development Documents,
• and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,
• the Architect shall prepare Construction Documents for the Owner’s approval.

3.4.1

Question 35

What additional documents make up the full Construction Documents for owner approval and permit submittal?

Answer 35

The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.

The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents.

3.4.1, 3.4.2

Question 36

3.4 Construction Phase Services

What other basic services does the architect provide to the owner during the Construction Document phase in preparation for Procurement Phase services?

Answer 36

During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of
(1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms;
(2) the form of agreement between the Owner and Contractor; and
(3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms.

3.4.3.

Question 37

What administrative duties must the architect do before moving to the Procurement Phase Services?

Answer 37

• The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3.
• The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval.

§ 3.4.5

Question 38

3.5 Procurement Phase Services

Does the architect need to help the owner with the bidding process?

Answer 38

The Architect shall assist the Owner in establishing a list of prospective contractors.

Following the Owner’s approval of the Construction Documents,

The Architect shall assist the Owner in:
(1) obtaining either competitive bids or negotiated proposals;
(2) confirming responsiveness of bids or proposals;
(3) determining the successful bid or proposal, if any; and,
(4) awarding and preparing contracts for construction.

3.5.1

Question 39

3.5.2 Competitive Bidding

What are the Bidding Documents?

Answer 39

**Bidding Documents shall consist of bidding requirements and proposed Contract Documents. **

3.5.2.1

Question 40

3.5.2 Comp Bidding

How does the architrect help with bidding the Project?

Answer 40

The Architect shall assist the Owner in bidding the Project by:
.1 facilitating the distribution of Bidding Documents to prospective bidders;
.2 organizing and conducting a pre-bid conference for prospective bidders;
.3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and,
.4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner.

3.5.2.2

Question 41

3.5.s Comp Bidding

In competitive Bidding, should the architect consider reviewing substitutions as a basic service?

Answer 41

If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders.

3.5.2.3

Question 42

3.5.3 Negotiated Proposals

Negotiated Proposals are closed bidding, because owner has invited his contractors to bid. What documents are necessary for Negotiated Proposals?

Answer 42

Proposal Documents shall consist of proposal requirements and proposed Contract Documents.

3.5.3.1.

Question 43

3.5.3 Negotiated Proposals

The Architect shall assist the Owner in obtaining proposals

Answer 43

The Architect shall assist the Owner in obtaining proposals by:
.1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors;
.3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and,
.4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner.

3.5.3.2

Question 44

In Negotiated Proposal, should the architect consider reviewing substitutions as a basic service?

Answer 44

If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors

§ 3.5.3.3

Question 45

3.6 Construction Phase Services

Construction Phase Services sets the architect as an advisor to the owner

Answer 45

The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction.
If the Owner and Contractor modify AIA Document A201–2017, those modifications **shall not affect the Architect’s services **under this Agreement unless the Owner and the Architect amend this Agreement.

3.6.1.1

Question 46

3.6 Construction Phase Services

What role/responsibilities does the architect have during the Construction Phase?

Answer 46

• The Architect shall advise and consult with the Owner during the Construction Phase Services.
• The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.
• The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents.
• The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

3.6.1.2

Question 47

3.6 Construction Phase Services

When does the architects responsibility to provice Construction Phase Services commence and terminate?

Answer 47

Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment.

3.6.1.3

Question 48

3.6.2 Evaluation of the Work

What are reason an architect should visit the site?

Answer 48

The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents.

3.6.2.1

Question 49

3.6.2 Evaluation of the Work

Does the architect need to make repetative site visits?

Answer 49

However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.

3.6.2.1

Question 50

What responsibility does the architect have to the owner when visiting the site?

Answer 50

On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner
(1) known deviations from the Contract Documents,
(2) known deviations from the most recent construction schedule submitted by the Contractor, and
(3) defects and deficiencies observed in the Work.

3.6.2.1

Question 51

Does the architect have authority to reject work?

Answer 51

The Architect has the authority to reject Work that does not conform to the Contract Documents.

3.6.2.2

Question 52

Does the architect have authority to require inspections, or testing of the Work?

Answer 52

Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed.

3.6.2.2

Question 53

Does the architect’s decision made in good faith give rise to a duty to the contractor’s subcontractor?

Answer 53

However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.

3.6.2.2

Question 54

3.6.2.3 Decision Maker

The architect as an interpreter and decision maker concerning the contract documents

Answer 54

The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor.
The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

3.6.2.3

Question 55

The architect as an interpreter and decision maker concerning the contract documents

Answer 55

Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings.
When making such interpretations and decisions, the Architect
* shall endeavor to secure faithful performance by both Owner and Contractor,
* shall not show partiality to either, and
* shall not be liable for results of interpretations or decisions rendered in good faith.

The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.

3.6.2.4

Question 56

What is the architect’s role as a Initial Decision Maker?

Answer 56

Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

Question 57

3.6.3 Certificate for Payment to Contractor

An architect’s role in issueing Certificates for Payments to the Contractor.

Answer 57

The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified.
The foregoing representations are subject to:
(1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,
(2) results of subsequent tests and inspections,
(3) correction of minor deviations from the Contract Documents prior to completion, and
(4) specific qualifications expressed by the Architect.

3.6.2.1

Question 58

The issuance of a Certificate for Payment shall not be a representation of what four conditions?

Answer 58

The issuance of a Certificate for Payment shall not be a representation that the Architect has
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,
(2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or
(4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

3.6.3.2

Question 59

Per document B101, is the architect required to keep records of Applications and Certification for Payments?

Answer 59

The Architect shall maintain a record of the Applications and Certificates for Payment.

3.6.3.3

Question 60

3.6.4 Submittals

Should the architect take his time reviewing submittals if there is no approved contractor’s submittal schedule?

Answer 60

The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.

3.6.4.1

Question 61

3.6.4 Submittals

In reviewing submittals, is the architect responsible for correcting dimensions, quantaties, and installation or performanceof equipment or systems?

Answer 61

The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, **but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. **
Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility.

The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

3.6.4.2

Question 62

When the contractor is required to provide design services, what is the architect’s responsibility to this part of the Work?

Answer 62

If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy.
The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect.
The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.
The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals.

§ 3.6.4.3

Question 63

3.6.4.4

Request for Information

Answer 63

Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents.
The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.
The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness.
If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information.

§ 3.6.4.4

Question 64

§ 3.6.4.5

Per document B101, is the architect required to keep records of Submittals?

Answer 64

The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents.

§ 3.6.4.5

Question 65

§ 3.6.5 Changes in the Work

The architect can make minor changes to the work under what conditions?

Answer 65

The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.

§ 3.6.5.1

Question 66

§ 3.6.5 Changes in the Work

Change Orders vs Construction Change Directives

Answer 66

Subject to Section 4.2, the Architect shall prepare Change Orders (changes to the contract time, sum, or schedule)
and Construction Change Directives (architect orders contractor to continue even when their is a dispute between the owner and contractor over time, cost, or schedule. Differences are settled later, and project stays on schedule.)
for the Owner’s approval and execution in accordance with the Contract Documents.

Question 67

Per document B101, is the architect required to keep records of changes in the work?

Answer 67

The Architect shall maintain records relative to changes in the Work.

§ 3.6.5.2

Question 68

§ 3.6.6 Project Completion

What are some of the responibilities the architect has do to ensure a smooth Project Completion process?

Answer 68

The Architect shall:
.1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;
.2 issue Certificates of Substantial Completion; (owner may occupy)
.3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and,
.4 **issue a final Certificate for Payment ** based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents.

§ 3.6.6 Project Completion

There is NO project completion certificate

Question 69

§ 3.6.6.2

Architect’s punch list responsibilities

Answer 69

The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.

§ 3.6.6.2

Question 70

§ 3.6.6.3

When achieving Substantial Completion, and the punchlist items are yet to be done. What can the architect do to ensure the contractor will stay til final completion?

Answer 70

When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the **amount to be retained **from the Contract Sum, if any, for final completion or correction of the Work.

§ 3.6.6.3

Question 71

§ 3.6.6.4 Close-out duties

In the close-out of a project what documentation does the architect forward to the owner?

Answer 71

The Architect shall forward to the Owner the following information received from the Contractor:
(1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment;
(2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and
(3) any other documentation required of the Contractor under the Contract Documents.

§ 3.6.6.4

Question 72

§ 3.6.6.5

If the owner resquest, and after substantial completion, how many years does the architect have to review the facility with the owner?

Answer 72

Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance

§ 3.6.6.5

Question 73

ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES

The Supplemental Services are not included in the basic services, and may be assigned to the architect or the owner per the agreement.

Answer 73

§ 4.1.1.1 Programming
§ 4.1.1.2 Multiple preliminary designs
§ 4.1.1.3 Measured drawings
§ 4.1.1.4 Existing facilities surveys
§ 4.1.1.5 Site evaluation and planning
§ 4.1.1.6 Building Information Model management responsibilities
§ 4.1.1.7 Development of Building Information Models for post construction use
§ 4.1.1.8 Civil engineering
§ 4.1.1.9 Landscape design
§ 4.1.1.10 Architectural interior design
§ 4.1.1.11 Value analysis
§ 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3
§ 4.1.1.13 On-site project representation
§ 4.1.1.14 Conformed documents for construction
§ 4.1.1.15 As-designed record drawings
§ 4.1.1.16 As-constructed record drawings
§ 4.1.1.17 Post-occupancy evaluation
§ 4.1.1.18 Facility support services
§ 4.1.1.19 Tenant-related services
§ 4.1.1.20 Architect’s coordination of the Owner’s consultants
§ 4.1.1.21 Telecommunications/data design
§ 4.1.1.22 Security evaluation and planning
§ 4.1.1.23 Commissioning
§ 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3
§ 4.1.1.25 Fast-track design services
§ 4.1.1.26 Multiple bid packages
§ 4.1.1.27 Historic preservation
§ 4.1.1.28 Furniture, furnishings, and equipment design
§ 4.1.1.29 Other services provided by specialty Consultants
§ 4.1.1.30 Other Supplemental Services

4.1

Question 74

§ 4.1.3

Sustainability services as a supplemental service

Answer 74

If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement.
The Owner shall compensate the Architect as provided in Section 11.2.

§ 4.1.3

Question 75

§ 4.2 Architect’s Additional Services

Are Additional Services after signing of the contract free?

Answer 75

The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule.

4.2

Question 76

§ 4.2.1 Construction Phase additional changes

The architect must not proceed with any additional services with out first notifying the owner and getting his approval.

Answer 76

Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method;
.2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service;
.3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either
(a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or
(b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors;
.5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or hearing;
.8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto;
.9 Evaluation of the qualifications of entities providing bids or proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or,
.11 Assistance to the Initial Decision Maker, if other than the Architect.

Question 77

§ 4.2.2 Construction Phase additional services by the architect

To avoid delays in the construction phase, the architect can provide some additional services, but must nofity the owner asap. However, the owner can decline all or part of the services, and must notify the architect in writing asap. What additional services are these?

Answer 77

To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination.
The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice.

.1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect;
.2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker; or,
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom.

4.2.2

Question 78

4.2.3 Construction Phase Services

Construction Phase Services exceeding the limits set in 4.2.3 will be as Additional Services.

Answer 78

The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner:
.1 (#) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor
.2 (#) visits to the site by the Architect during construction
.3 (#) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents.
.4 (#) inspections for any portion of the Work to determine final completion.

4.2.3

Question 79

4.2.4

other additional services requiring compensation to the architect

Answer 79

Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,
Construction Phase Services provided more than 60 days after
(1) the date of Substantial Completion of the Work or
(2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services.

4.2.4

Question 80

§ 4.2.5

If the project gets delayed by the owner, and not completed per schedule, the work the architect puts in will be compensated as additional services.

Answer 80

If the services covered by this Agreement have not been completed within (X) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services.

§ 4.2.5

Question 81

ARTICLE 5 OWNER’S RESPONSIBILITIES

The Owner’s Program

back to Initial Information

Answer 81

§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.

5.1

Question 82

§ 5.2

The Owner’s budget

budget, scope, and time

Answer 82

The Owner shall establish the Owner’s budget for the Project, including
(1) the budget for the Cost of the Work as defined in Section 6.1;
(2) the Owner’s other costs; and,
(3) reasonable contingencies related to all of these costs.

The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.

§ 5.2

Question 83

§ 5.3

The Owner’s representative

Answer 83

The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.

5.3

Question 84

§ 5.4

The Owner has responsibility to provide necessary site information to the architect.

Answer 84

The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.

§ 5.4

Question 85

§ 5.5

The Owner shall furnish geotechnical information to the architect.

Answer 85

The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.

§ 5.5

Question 86

§ 5.8

The owner’s own consultants and responibilities

Answer 86

• The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
• Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants.
• The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.
• The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.

§ 5.8

Question 87

5.9

The Owner is responsible to provide and pay for tests, inspections such as air and water pollution, and HAZMAT testing.

Answer 87

The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

5.9

Question 88

5.11

Does the Owner need to notify the Architect if he found errors in the Instrumenst of Service?

Answer 88

The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.

5.11

Question 89

§ 5.12

Communication protocols between Owner,Contractor, and Architect.

Answer 89

• The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities.
• The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.
• Communications by and with the Architect’s consultants shall be through the Architect.

§ 5.12

Question 90

§ 5.13

I need clarification for this art 5.13

Answer 90

Before executing the Contract for Construction (A201), the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement (B101).
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor (A101), including the General Conditions of the Contract for Construction.(A201)

§ 5.13 B101, and A201 general Conditions coordinates

Question 91

§ 5.14

Providing access to the Project Site/Work

Answer 91

The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

§ 5.14

Question 92

§ 5.15

Enforcement of Lien Rights by the Architect

Answer 92

Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights

§ 5.15

Question 93

ARTICLE 6 COST OF THE WORK

What is the Cost of the Work?

Answer 93

• For purposes of this Agreement (B101), the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit.
• The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner.
• The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.

§ 6.1

Question 94

§ 6.2

Evaluations of the Owner’s budget for the Cost of the Work

Answer 94

The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5.

Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions.

Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.

§ 6.2

Question 95

§ 6.3

Preparing estimates of the Cost of Work

Answer 95

In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget.

The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service.

§ 6.3

Question 96

§ 6.4

The architect has the right to re-estimate the Cost of the Work if the Procurement Phase that did not commenced within 90 days

Answer 96

If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.

§ 6.4

Question 97

§ 6.6

What if the Cost of the Work’s budget is exceeded by the lowest bona fide bid/negotiated proposal?

Answer 97

If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or,
.5 implement any other mutually acceptable alternative.

§ 6.6

Question 98

§ 6.5

What if the architect’s estimate exceeds the Owner’s budget?

Answer 98

If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.

§ 6.5

Question 99

§ 6.7

Moving forward with the project, considering program changes to reduce cost.

Answer 99

• If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1.
• If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation.

In any event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6.

§ 6.7

Question 100

ARTICLE 7 COPYRIGHTS AND LICENSES

Transmitting Instruments of Service

§ 7.1

Answer 100

§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project.

Question 101

§ 7.2

Who are the owner and authors of the Instruments of Service

Answer 101

§ 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants.

Question 102

§ 7.3

For what reasons can the architect grant a nonexclusive license to use the Archtect’s Instument of Service?

Answer 102

§ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11.
* The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement.
* The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project.
* If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.

Question 103

§ 7.3.1

What happends if the owner uses the Instrument of Service with the aurthor’s consent?

Answer 103

§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses.
* The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1.
* The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.

Question 104

§ 7.4

Unauthorize use of the Instruments of Service

Answer 104

§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement.
The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.
Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants.

Question 105

§ 7.5

Instruments of Service- termination of agreement

Answer 105

§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement.

Question 106

ARTICLE 8 CLAIMS AND DISPUTES

CLAIMS AND DISPUTES

Answer 106

§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.

Question 107

§ 8.1.2

Waiver of alll rights against each other

Answer 107

§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.

Question 108

§ 8.1.3

Waiver of consequential damages

Answer 108

§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7.

Question 109

§ 8.2.1

§ 8.2 Mediation

Answer 109

§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.

Question 110

§ 8.2.2

Can a party request a binding dispute resolution other than mediation prior to Mediating?

Answer 110

§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. **A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. **The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

Question 111

§ 8.2.3

What are some mediation responsibilities for parties involved?

Answer 111

§ 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

Question 112

§ 8.2.4

Next step if parties do not reach an agreement in mediation?

Answer 112

If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
 Arbitration pursuant to Section 8.3 of this Agreement
 Litigation in a court of competent jurisdiction
 Other:

Question 113

§ 8.3

Arbitration

Answer 113

If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration.

Question 114

§ 8.3.1.1

Arbitration

Answer 114

§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations.
For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.

Question 115

§ 8.3.2

Arbitration

Answer 115

§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

Question 116

§ 8.3.4 Consolidation or Joinder

Answer 116

§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that
(1) the arbitration agreement governing the other arbitration permits consolidation;
(2) the arbitrations to be consolidated substantially involve common questions of law or fact; and
(3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

Question 117

§ 8.3.4.2

joinder persons

Answer 117

§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder.
Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

Question 118

§ 8.3.4.3

??????

Answer 118

§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement.
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.

Question 119

§ 9.1 ARTICLE 9 TERMINATION OR SUSPENSION

If the Owner fails to make payments to the Architect..

Answer 119

§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement.
If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.
Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services.
The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

Question 120

§ 9.2

If the Owner suspends the Project..

Answer 120

If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services.
The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

Question 121

§ 9.3

If the Owner suspends the Project for more than 90 cumulative days

Answer 121

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice.

Question 122

§ 9.4

Either party may terminate this Agreement..

Answer 122

Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

Question 123

§ 9.5

Termination at Owner’s convenience and without cause.

Answer 123

The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause.

Question 124

§ 9.6

Termination by section 9.5, or section 9.3,

Answer 124

If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements.

Question 125

§ 9.7

Additional fees the Owner pays the Architect for termination..

Answer 125

In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3,
the Owner shall pay to the Architect the following fees:
.1 Termination Fee:
.2 **Licensing Fee ** if the Owner intends to continue using the Architect’s Instruments of Service:

Question 126

When does the Agreement terminate?

Answer 126

§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion.
§ 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7.

Question 127

§ 10.1

The Agreement is governed by the laws where project is located..

Answer 127

§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3.

Question 128

§ 10.2

Terms in this Agreement

Answer 128

Terms in this Agreement shall have the same meaning as those in AIA Document A201–2017, General Conditions of the Contract for Construction.

Question 129

§ 10.3

Binding Agreedment and lenders

Answer 129

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment.

Question 130

§ 10.4

If the Owner requests the Architect to execute certificates..

Answer 130

• If the Owner requests the Architect to execute certificates, **the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. **
• If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement.

Question 131

§ 10.5

contractual relationship

Answer 131

Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect.

Question 132

§ 10.6

Architect shall have no responsibility..at the Project site.

Answer 132

Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.

Question 133

§ 10.7

Architect’s promotional and professional materials..rights to use.

Answer 133

• The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials.
• The Architect shall be given reasonable access to the completed Project to make such representations. However, **the Architect’s materials shall not include the Owner’s confidential or proprietary information **if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.
• The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project.
• This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.

Question 134

§ 10.8

disclosing “confidential” or “business proprietary” information

Answer 134

If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.
This Section 10.8 shall survive the termination of this Agreement.

§ 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. *
The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services *or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8.

Question 135

ARTICLE 11 COMPENSATION

Compensation for Architect’s Basic Services

Answer 135

For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows:
.1 Stipulated Sum
.2 Percentage Basis (_) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6.
.3 Other (Describe the method of compensation)

Question 136

§ 11.2

Compensation for Architect’s Supplemental Services

Answer 136

For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (amount$$, or basis for, compensation) as agreed.

Question 137

§ 11.3

Compensation for Architect’s Additional Services

Answer 137

§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)

Question 138

§ 11.4

Compensation for Supplemental and Additional Services of the Architect’s consultants

Answer 138

§ 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.)

Question 139

§ 11.5

Answer 139

§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows:
Schematic Design Phase percent ( %)
Design Development Phase percent ( %)
Construction Documents Phase percent ( %)
Procurement Phase percent ( %)
Construction Phase percent ( %)
Total Basic Compensation one hundred percent ( 100 %)

Question 140

§ 11.6

percentage basis, progress payments for each phase of Basic Services..

Answer 140

When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work.
Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work.
§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions.
The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

Question 141

§ 11.7

The hourly billing rates for services of the Architect and the Architect’s consultants..

Answer 141

§ 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Employee or Category Rate ($0.00)

Question 142

§ 11.8 Compensation for Reimbursable Expenses

Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services.

Answer 142

§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows:
.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, and standard form documents;
.5 Postage, handling, and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project;
.8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses;
.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and,
.12 Other similar Project-related expenditures.

§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.

Question 143

§ 11.9

Additional Architect’s Insurance required by Owner

Answer 143

If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below:
(Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.)

Question 144

§ 11.10 Payments to the Architect

Initial payment required by the Architect

Answer 144

§ 11.10.1.1 An initial payment of ($ ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement.
It shall be credited to the Owner’s account in the final invoice.

Question 145

§ 11.10.1.2

Sustainability Certification fee/payment to the Architect

Answer 145

If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification.
The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred.

Question 146

§ 11.10.2 Progress Payments

Architect’s payments for services

Answer 146

• Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
• Payments are due and payable upon presentation of the Architect’s invoice.
• Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.

(Insert rate of monthly or annual interest agreed upon.)

Question 147

§ 11.10.2.2

Withholding payment by the Owner

Answer 147

The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.

Question 148

§ 11.10.2.3

Records of Reimbursable Expenses

Answer 148

Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.

Question 149

ARTICLE 12 SPECIAL TERMS AND CONDITIONS

Answer 149

ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.)

Question 150

§ 13.1

ARTICLE 13 SCOPE OF THE AGREEMENT

Answer 150

This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both the Owner and Architect.

§ 13.2 This Agreement is comprised of the following documents identified below:
.1 AIA Document B101™–2017, Standard Form Agreement Between Owner and Architect **
.2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:
(Insert the date of the E203-2013 incorporated into this agreement.)
.3 Exhibits:
(Check the appropriate box for any exhibits incorporated into this Agreement.)
 AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.)
 Other Exhibits incorporated into this Agreement:
(Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.)
.4 Other documents:
(List other documents, if any, forming part of the Agreement.)

This Agreement entered into as of the day and year first written above.
OWNER (Signature) (Printed name and title)
ARCHITECT (Signature) (Printed name, title, and license number, if required)