What Form Agreements Are Currently Being Used To Retain Architects And Engineers And What Amendments Should Be Required Or Accepted

1. Introduction
2. American Institute of Architects
3. Engineers Joint Committee (“EJCDC”) And Coalition Of American Structural Engineers (“CASE”)
4. Important Contractual Provisions From The AIA and EJCDC
1. Pre-Construction Services
1. Design Without Construction Administration
2. Excluded Services
3. Opinion (Estimates) of Probable Construction Costs
4. Prototype Designs
5. Retaining Consultants
6. Right of Entry
7. Scope of Services
8. Substitutions
9. Construction Administration - Claims Arbiter
2. Construction Administration
1. Construction Observation
2. Inspection
3. Job Site Safety
4. Record Documents
5. Request for Information
6. Shop Drawing Review
7. Stop Work Authority
3. Schedule, Payment and Termination
1. Billing And Payment
2. Changed Conditions
3. Suspension Of Services
4. Termination
5. Timeliness of Performance
4. Allocation Of Risk
1. Certifications
2. Consequential Damages
3. Contingency Fund
4. Defects In Service
5. Delays
6. Indemnity
7. Information Provided By Others
8. Insurance
9. Limitation Of Damages Or Liability
10. Performance Bonds
11. Standard Of Care
12. Third-Party Beneficiary Status
13. Unauthorized Changes, Plans or Assignment Issues
5. Dispute Resolution
1. Attorney’s Fees
2. Betterment
Form Of Dispute Resolution
4. Copyrights
5. Hazardous Materials
6. Permits And Approvals
7. Limitations And Statutes Of Repose
8. General Terms And Conditions
9. Authorized Representatives Of Owner, Design Professionals And Contractors
5. Owner Generated Forms
6. Amendments
7. Association Of General Contractor Forms
8. Conclusion

There are numerous form agreements used to retain design professionals, and those forms range from standardized agreements to manuscripted agreements. This paper addresses the most common forms and some of the common manuscripted or added terms to contracts between design professionals and owners.

This paper has attempted to address common forms and issues which should be considered in connection with contracting with design professionals. The clear preference is the AIA forms, but the most important factor is consistency and the creation of integrated forms. Use of an integrated set of contract form obviously promotes the goal of consistency.

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