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<br />2.6.15 Ttie Architecc shall interpret and decide macters con-
<br />cerning performance of che Owncr and Contraccor under che
<br />requirements of the Contrac[ Documents on wricten rcquest of
<br />either the Owner or Contractor. The Architect's response to
<br />such requests shall be made with reasonable promptness and
<br />within any time limits agreed upon.
<br />2.6.16 Interpretadons and decisions of the Archicect shall be
<br />consiscmc with the incenc of and reasonably inferable from che
<br />Contract Documents u?d shall be in writing or in the form of
<br />drawings. When making such interpretadons and initial deci-
<br />sions, the Architect shall endeavor to sxure faithfW perfor-
<br />mance by both Owner and Contractor, sh2ll not show partiality
<br />to either, and shall not be liable for resulu of interpretadons or
<br />decisions so rendered in good faich.
<br />2.6.17 The Architect's decisions on matters relating to aesthe-
<br />tic effect shall be final if consistent with the intcnt expressed in
<br />the Contract Documenu.
<br />2.6.18 The Architect shall render written decisions within a
<br />reasonable [ime on all claims, disputes or other matters in ques-
<br />don between the Owner and Contraccor rclating co the execu-
<br />tion or progress of the Work as provided in the Contract
<br />Documents.
<br />2.6.19 The Architect's decisions on claims, disputes or other
<br />matters, including those in quesrion between the Owner and
<br />Contracwr, except for chose relating to wsthetic effect as pro-
<br />vided in Subparagraph 2.6.17, shall be subject to arbitration as
<br />provided in this Agreement and in the Concract Documencs.
<br />ARTICL.E 3
<br />ADDITIONAL SERYICES
<br />3.1 GENERAL
<br />3.1.1 The services described in this Article 3 are not included
<br />in Basic Services unless so identified in Article 12, and they shall
<br />be paid for by the Owner as provided in this Agreement, in
<br />addition to the compensadon for Basic Services. The services
<br />described under Paragraphs 3.2 and 3.4 shall only be provided
<br />if authorized or confirmed in writing by the Owner. If services
<br />described under Contingent Additional Services in Paragraph
<br />3•3 are required due to circumstznces bcyond the Architect's
<br />control, the Architect shall notify the Owner prior to com-
<br />mencing such services. If the Owner deems that such services
<br />described under Paragraph 3.3 ace not required, the Owner
<br />shall give prompt written notice to the Architect. If the Owner
<br />indicates in writing that all or part of such Concingent Addi-
<br />tional Services are not requ'ued, the Architect shall have no obli-
<br />gation to provide those services.
<br />3.2 PROJECT REPRESENTATION BEYOND BASIC
<br />SERVICES
<br />3.2.1 If more extensive representation at the site than is
<br />described in Subparagraph 2.6.5 is required, the Architect shall
<br />provide one or more Project Representatives to assist in carry-
<br />ing out such additional on-site responsibilides.
<br />3.2.2 Project Representadves shall be selected, employed and
<br />directed by thc Architect, and the Architect shall bc compen-
<br />sated therefor as agreed by the Owner and Architecc. The
<br />duties, responsibilities and limitadons of authority of Project
<br />Representacives shall be as described in the ediaon of AIA
<br />Documrnt B352 current as of the datc of this Agrecment, unless
<br />otherwise agreed.
<br />?
<br />3.2.3 Through the observadons by such Project Represen-
<br />cuives, che Archicecc shall endcavor co provide fiuther procec-
<br />tion for the Owner against defects and deficiencies in the Work,
<br />buc the fumishing of such project represencadon shall not
<br />modify the rights, responsibilides or obligadons of the Architect
<br />as described elsewhere in this Agreement.
<br />3.3 CONTINGENT ADDITIONAL SERVtCES
<br />3.3.1 Making revisions in Drzwings, Specifications or other
<br />documents when such revisions are:
<br />.1 inconsistent with approvals or instructions previously
<br />given by the Owner, including revisions made neces-
<br />sary by adjustments in the Owner's program or Proj-
<br />ect budget;
<br />.2 required by the enacunent or revision of codes, laws
<br />or regulations subsequent to the preparation of such
<br />documents; or
<br />.3 due to changes required as a result of the Owner's fail-
<br />ure to render decisions in a timely manner.
<br />3.3.2 Providing services required because of significant
<br />changes in the Projecc including, but not limited to, size, qual-
<br />ity, complexity, the Owner's schedule, or the method of bid-
<br />ding or negotiating and contracdng for construction, except for
<br />services required under Subparagraph 5.2.5.
<br />3.3.3 Preparing Drawings, Specificacions and ocher documen-
<br />tation and supponing data, evaluating Concractor's proposals,
<br />and providing other services in connection with Change
<br />Orders and Construction Change D'uectives.
<br />3.3.4 Providing services in connecdon with evaluating substi-
<br />tudons proposed by the Contractor and making subsequent
<br />revisions to Drawings, Specificadons and other documentation
<br />resulting therefrom.
<br />3.3.5 Providing consultation conceming replacement of Work
<br />damaged by fire or other cause during construcdon, and fur-
<br />nishing services required in connection with the replacemenc
<br />of such Work.
<br />3.3.6 Providing services made necessary by the default of the
<br />Contractor, by major defects or deficiencies in the Work of the
<br />Contractor, or by failure of performance of either the Owner or
<br />Contractor under the Contract for Construction.
<br />3.3.7 Providing services in evaluaang an extensive number of
<br />claims submitted by the Concractor or others in connec[ion
<br />with the Work.
<br />3.3.8 Providing services in connecdon with a public hearing,
<br />arbitration proceeding or legal proceeding except where the
<br />Architect is party thereco.
<br />3.3.9 Preparing documents for altemate, sepazate or sequential
<br />bids or providing services in connecdon with bidding, negotia-
<br />tion or construction prior to the completion of the Construc-
<br />tion Documents Phase.
<br />3.4 OPTIONAL ADDITIONAL SERVICE.S
<br />3.4.1 Providing analyses of the Owner's needs and program-
<br />ming the requirements of the Project.. -
<br />3.4.2 Providing financial feasibllity or other special studies.
<br />3.4.3 Providing planning surveys, site evaluations or com-
<br />parative studies of prospeccive sites.
<br />AU1 DOCUMENT 9141 • OWNER-ARCHI'fECT AGREEMENT • FOURTEENTH EDITION • AIAe • O 1987
<br />TNE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 By 4'i-19S7 4
<br />WARNING: Unticensed photocopying violates U.S. copyright laws and fs subject to legel Pmsecutbn.
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