I'm working as a consultant to an owner's representative consultant, and creating an agreement was an interesting journey. My 6-page agreement was too long, so I got a copy of the Owner's Rep's contract with the Owner and changed names and added some more description about just what I was doing.
Their, and "our", limitation of liability clause says "limited to fees charged and paid". I liked the "and paid" part.
And, I made it clear that I am not the architect of record, and that the architect of record has all of those responsibilities. Crossing my fingers, but don't really expect any issues. So far my work has been limited to what the AOR is describing (in their replies to them) as peer review comments on 50% complete drawings and specifications. I think I've saved them more hours than I spent, on QC checking for missed references, heads-up on some of the Owner's unique preferences (bite the tongue on a few of them!).
Saxon, you might look into the world of the engineering society's agreements and see if they have an engineer-consultant agreement that your "client" could use, with your editing help.
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Joel Niemi AIA
Snohomish WA
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Original Message:
Sent: 02-07-2012 09:01
From: Joel Sims
Subject: Architect as consultant to engineer contract?
We have been a consultant to an engineer on a large project and used the AIA contract and just switched the names. It was a little odd but it worked.
I see that you are doing a study and if so, folks don't usually sue over studies. If it were me i would use my standard agreement stating scope of work, fee, etc. but then add the "limitation of liability" clause. We usually state the limit will not exceed our fee. I don't use AIA contracts on smaller projects - sorry AIA!
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Joel Sims AIA
Lancaster PA
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Original Message:
Sent: 02-06-2012 08:00
From: Scott Lyford
Subject: Architect as consultant to engineer contract?
I don't think there is a form that contemplates the Architect serving as a consultant. You could probably modify the standard Architect-Consultant Agreement by substituting "Engineer" for "Architect" where that term appears. But you would need to look carefully at other provisions - such as the scope of services - to make sure the language makes sense. Some of the miscellaneous provisions might need attention.
Of course you should be advised about any provisions of the prime contract that need to be mirrored in the consultant contract. On a small feasibility study that will probably not be a big deal, but be sure the engineer gives you access to those portions of the prime contract that need to be included.
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Scott Lyford
Mills Shirley LLP
San Antonio TX
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Original Message:
Sent: 02-03-2012 19:08
From: Saxon Sigerson
Subject: Architect as consultant to engineer contract?
I am going to be the consultant sub to a structural engineer of mine for a feasibility study of a small project. I am wondering which aia contract to use? The consultant one I normally use is backwards for this business relationship.
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Saxon Sigerson AIA
Sigerson Architects
Fair Oaks CA
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