Owner Architect Agreements

Example of use: the architect maintains, throughout the period of this project and for a period of two years after, a standard form of error and omission insurance with an insurance company that is satisfactory to the owner. The architect must provide the owner with proof of such insurance of an amount equal to $1 million per debt and a total value of $1.00. The architect ensures that all engineers and consultants mandated or employed by the architect finish and maintain a similar insurance with reasonably prudent limitations and coverage, the architect being able to obtain the owner`s approval in advance for such limits. Dispute resolution. The form of architectural agreements (including AIA and ConsensusDocs) often requires mediation and/or arbitration as the necessary mechanisms for dispute resolution. The decision to accept arbitration is a strategic decision that every owner must make in the context of a particular project. In some cases, the owner may not have the power to negotiate to depart from the dispute resolution mechanism defined in the formality agreement. However, in each situation, there are several problems that most homeowners want to address. First, many homeowners will agree to arbitrate minor dollar issues, but want to set a threshold from which the owner can choose to pursue the problem. Second, if the owner is required to mediate, it is essential that all parties necessary to the dispute be placed in the same arbitration.

This will help the owner avoid being flogged between an arbitration with the architect and a separate arbitration or a dispute with other parties involved in this dispute (for example. B contractor). IP considerations. Unsurprisingly, there are a handful of important intellectual property issues that should be addressed in the architect`s contract. First, it is the ownership, use and control of construction documents, sometimes referred to as the architect`s “service instruments.” In most form agreements, the owner obtains a limited license for the use of service instruments, but this license is subject to the architect`s full payment. This provision can lead to a potentially unpleasant hostage-type situation, in which the architect has considerable influence over the owner in the costs dispute. Most homeowners choose to change a conditional license to an unconditional license, as shown in the first example below. Keep in mind that, in all cases, the owner should expect that his license to use the service restrictions will be limited. For example, the architect has a legitimate concern that the owner does not accept the building documents created by the architect for a project and uses them later to replicate the project on other plots, unless that is the specific intention of the parties (for example.

B the architect was responsible for designing a prototype building for the owner). Second, the architect may want to photograph a finished project and use these photos in his promotional materials or submit them for publication. With regard to photographs, most owners look at: a) the period during which the architect has access to the photography project, b) the use of images of people (including images or photographs visible on the project site, visible in the architect`s photographs) and c) images of proprietary cameras or assembly lines.

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