ARCHITECTS' AND ENGINEERS' CONTRACTS

1. Introduction
2. Scope of Services
   1. Schematic Design Phase
   2. Construction Phase
3. Getting Paid
   1. Lien rights
   2. Drawings
   3. Payment During Disputes
   4. Attorney's Fees
   5. Interest
4. Shifting the Risk
   1. Limiting Liability
   2. Insurance
   3. Indemnification
5. Eliminating Liability
   1. Disclaimers of Express and Implied Warranties
   2. Deceptive Trade Practices Act
   3. Eliminating Claimants
6. Closing the Courthouse
   1. Limitations
   2. Certificate of Merit
   3. Alternative Dispute Resolution

Abstract

The drafting of architects' and engineers' contracts historically has been heavily influenced by the standard form contracts prepared by the American Institute of Architects and the Engineers Joint Contract Documents Committee. These forms, while thoughtfully prepared and generally oriented toward the designer and contractor, are intended for a national audience and therefore do not reflect nuances of Texas law. Moreover, architects' and engineers' lack of market power often has meant that the forms are revised to favor the interests of Owners, to the detriment of the design community.

Occasionally, the Architect does have some ability to negotiate the terms of his or her contract, and this outline is intended to provide some suggestions for architect-oriented changes to the AIA Owner/Architect Agreement (B141). I have also attempted to point out some aspects of Texas law which influence the drafting and performance of these contracts.

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