A written agreement is the best way to define the parties` expectations of a project. It allows the parties to clearly document their mutual understanding of the project`s requirements and commitments, which should reduce the likelihood of a subsequent dispute. The AIA publishes a wide range of model agreements for use in a variety of design and construction projects, including agreements tailored to small and medium-sized projects that address many of these issues. For more information on AEOI standard form agreements, see www.aiacontracts.org. In addition to the AEOI contractual documents, the AEOI Risk Management Program will continue to update this page with links to new articles addressing the various issues mentioned above. While this is far from an exhaustive list, here are a few other possible questions that you should clarify in your agreement (in no order): the basic elements that should be addressed in an agreement between an owner and an architect include (1) the owner`s goals for the project, (2) the scope of the architect`s services, and a description of the drawings or other services, which the architect must equip; 3. the fees due for the provision of those services and the time when they are payable; and (4) the timing or sequence of events in which the Services are provided. Any relationship in which these elements of the contract are missing is ready to cause misunderstandings and possible disputes. Most owner-architect agreements address these fundamental issues, but do not adequately address others. With a little more time and attention, these additional complications can be handled by the architect, allowing for a more comprehensive agreement to guide the relationship and expectations of the parties. For example, the architect may ask: what happens if I do not provide my services or if I do not deliver my documents as promised; What happens if the customer doesn`t pay me or everything I`ve charged. or what happens if I or the client do not respect the schedule or sequence of events we have agreed? It is advisable to understand and shape the consequences if these events occur, and your contract offers a great opportunity to do so.
If the parties do not address these points in their contract, they do not simply disappear. Instead, the parties may be faced with solving these problems if they arise as part of the project, without benefiting from pre-negotiated solutions. .