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Terms and Conditions of Agreement Between Owner and Architect
<br />ARTICLE 1
<br />ARCHITECT'S SERVICES
<br />AND RESPONSIBILITIES
<br />The Architect's Basic Services are as described
<br />under the four Phases identified below and in
<br />Article 10, and unless otherwise provided in Article
<br />10 include normal structural, mechanical and elec-
<br />trical engineering services.
<br />1.1 DESIGN PHASE
<br />1.1.1 The Architect shall review with the Owner alterna-
<br />tive approaches to design and construction of the Project.
<br />1.1.2 Based on the mutually accepted program, the Ar-
<br />chitect shall prepare, for approval by the Owner, Design
<br />Documents consisting of drawings and other documents
<br />appropriate for the Project.
<br />1.2 CONSTRUCTION DOCUMENTS PHASE
<br />1.2.1 Based on the approved Design Documents, the
<br />Architect shall prepare, for approval by the Owner, Con-
<br />struction Documents consisting of Drawings and Specifi-
<br />cations setting forth in detail the requirements for the
<br />construction of the Project.
<br />1.2.2 The Architect shall assist the Owner in connection
<br />with the Owner's responsibility for filing documents re-
<br />quired for the approval of governmental authorities hav-
<br />ing jurisdiction over the Project.
<br />1.3 BIDDING OR NEGOTIATION PHASE
<br />1.3.1 Unless provided in Article 10, the Architect, fol-
<br />lowing the Owner's approval of the Construction Docu-
<br />ments, shall assist the Owner in obtaining bids or nego-
<br />tiated proposals and in awarding contracts for construc-
<br />tion.
<br />1.4 CONSTRUCTION PHASE— ADMINISTRATION OF THE
<br />CONSTRUCTION CONTRACT
<br />1.4.1 The Construction Phase will commence with the
<br />award of the Contract for Construction and will terminate
<br />when final payment to the Contractor is due, or in the
<br />absence of a final Certificate for Payment or of such due
<br />date, sixty days after the Date of Substantial Completion
<br />of the Work, whichever occurs first.
<br />1.4.2 Unless otherwise provided in this Agreement and
<br />incorporated in the Contract Documents, the Architect
<br />shall provide administration of the Contract for Construc-
<br />tion as set forth below and in the edition of AIA Docu-
<br />ment A201, General Conditions of the Contract for Con-
<br />struction, current as of the date of this Agreement.
<br />1.4.3 The Architect shall be a representative of the
<br />Owner during the Construction Phase. Instructions to
<br />the Contractor shall be forwarded through the Architect.
<br />1.4.4 The Architect shall visit the site at intervals appro-
<br />priate to the stage of construction or as otherwise agreed
<br />by the Architect in writing to become generally familiar
<br />with the progress and quality of the Work and to deter-
<br />mine in general if the Work is proceeding in accordance
<br />with the Contract Documents. However, the Architect
<br />shall not be required to make exhaustive or continuous
<br />on -site inspections to check the quality or quantity of the
<br />Work. On the basis of such on -site observations as an
<br />architect, the Architect shall keep the Owner informed of
<br />the progress and quality of the Work, and shall endeavor
<br />to guard the Owner against defects and deficiencies in the
<br />Work of the Contractor.
<br />1.4.5 The Architect shall not have control or charge of
<br />and shall not be responsible for construction means,
<br />methods, techniques, sequences or procedures, or for
<br />safety precautions and programs in connection with the
<br />Work, for the acts or omissions of the Contractor, Sub-
<br />contractors or any other persons performing any of the
<br />Work, or for the failure of any of them to carry out the
<br />Work in accordance with the Contract Documents.
<br />1.4.6 The Architect shall at all times have access to the
<br />Work wherever it is in preparation and progress.
<br />1.4.7 The Architect shall determine the amounts owing
<br />to the Contractor based on observations at the site and
<br />on evaluations of the Contractor's Applications for Pay-
<br />ment, and shall issue Certificates for Payment in such
<br />amounts.
<br />1.4.8 The issuance of a Certificate for Payment shall
<br />constitute a representation by the Architect to the Owner,
<br />based on the Architect's observations at the site as pro-
<br />vided in Subparagraph 1.4.4 and on the data comprising
<br />the Contractor's Application for Payment, that, to the best
<br />of the Architect's knowledge, information and belief, the
<br />Work has progressed to the point indicated; the quality of
<br />the Work is in accordance with the Contract Documents
<br />(subject to an evaluation of the Work for conformance
<br />with the Contract Documents upon Substantial Com-
<br />pletion, to the results of any subsequent tests required by
<br />or performed under the Contract Documents, .to minor
<br />deviations from the Contract Documents correctable prior
<br />to completion, and to any specific qualifications stated in
<br />the Certificate for Payment); and that the Contractor is
<br />entitled to payment in the amount certified. However, the
<br />issuance of a Certificate for Payment shall not be a repre-
<br />sentation that the Architect has made any examination to
<br />ascertain how and for what purpose the Contractor has
<br />used the moneys paid on account of the Contract Sum.
<br />1.4.9 The Architect shall be the interpreter of the re-
<br />quirements of the Contract Documents and the judge of
<br />the performance thereunder by both the Owner and
<br />Contractor, and shall render written decisions on all
<br />claims, disputes and other matters in question between
<br />the Owner and the Contractor. In the capacity of inter-
<br />preter and judge, the Architect shall endeavor to secure
<br />faithful performance by both the Owner and the Contrac-
<br />tor, shall not show partiality to either, and shall not be
<br />liable for the result of any interpretation or decision
<br />rendered in good faith in such capacity.
<br />1.4.10 The Architect shall have authority to reject Work
<br />which does not conform to the Contract Documents, and
<br />will have authority to require special inspection or testing
<br />of the Work whenever, in the Architect's reasonable opin-
<br />AIA DOCUMENT 8181 • OWNER - ARCHITECT AGREEMENT FOR HOUSING SERVICES • IUNE 1978 EDITION • AIA®
<br />® 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
<br />B181-1978 2
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