B101 says “The Architect may provide Additional Services after execution of this Agreement without invalidating the agreement” where the architect goes to the client and tells them this task wasn’t part of our agreement, and request additional pay…
Are Supplemental Services negotiated into the contract before it has been executed? Could that be the difference?
What if it appears through the RFP that there is an established program and schematic design starts and it is discovered that there is programming efforts still needed?
I think that’s an instance where the architect would go back to the client and ask for an additional service to do the necessary programming work. Otherwise, the architect’s design work really wouldn’t be able to proceed, because they didn’t have a program to design to. Alternatively, the client could hire someone else to complete the programming work, but either way, it would need to be completed before the architect’s design work can proceed.
Question 4: I got confused on because getting a CO typically means there might be some code related issues not addressed and the building will either get a temporary CO until the code issues are addressed. I think the word occupancy got me mixed up.
Is “Environmental Phase 01 Analysis” an industry wide term? What does it cover (environmental impact, hazardous materials, etc.?) Is it an AIA document? Is it a report that is submitted to a regulatory agency, only the Owner… ? Who determines whether additional Environmental Phases are required. Who’s liable for getting the reports ordered and complied with? What if the Owner opts not to implement the recommendations? What does an example look like?
(Thanks)
One more question regarding “Substantial Competition”.
Does this shift the safety responsibilities of the site onto the Owner? If so, is there a cross over between the two?
I have been confused in these type of questions knowing that I have done some things in real life, ie: answering a question regarding my RFI reply for example, but I know NCARB wants you to answer as the contracts
and requires.
Question regarding “Are you liable as an Architect for the Site?”
I understand we cannot claim the Means and Methods of the safety as well as telling the Contractor to stop what they’re doing. However, can we at least say “We’re not feeling comfortable with the safety to the Contractor”, without going through the Owner first?
From everything that we read through that wouldn’t help with keeping the Architect’s risk factor low. Because the GC can take that wording and it could be said from the GC that the Architect directed them to address the safety on the site.
That’s the answer that I had as well. However I think there are some parts in the AIA A201 that specifies when the architect can speak as the agent of the owner. Which is still the “it depends” answer. These are the type of questions that really through me for a loop.
Sometimes they are “more right” then the right answer.