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ARTICLE 5 ARTICLE 6
<br /> CONSTRUCTION COST USE OF ARCHITECT'S DRAWINGS,
<br /> SPECIFICATIONS AND OTHER DOCUMENTS
<br /> 5.1 DEFINITION
<br /> 6.1 The Drawings, Specifications and other documents pre-
<br /> 5.1.1 The Construction Cost shall be the total cost or esti- pared by the Architect for this Project are instruments of the
<br /> mated cost to the Owner of all elements of the Project designed Architect's service for use solely with respect to this Project,
<br /> or specified by the Architect. and the Architect shall be deemed the author of these docu-
<br /> 5.1.2 The Construction Cost shall include the cost at current ments and shall retain all common law, statutory and other
<br /> market rates of labor and materials furnished by the Owner and reserved rights, including the copyright. The Owner shall be
<br /> equipment designed, specified, selected or specially provided permitted to retain copies, including reproducible copies, of
<br /> for by the Architect, plus a reasonable allowance for the Con- the Architect's Drawings, Specifications and other documents
<br /> tractor's overhead and profit. In addition, a reasonable allow- for information and reference in connection with the Owner's
<br /> ance for contingencies shall be included for market conditions use and occupancy of the Project. The Architect's Drawings,
<br /> at the time of bidding and for changes in the Work during Specifications or other documents shall not be used by the
<br /> construction. Owner or others on other projects,for additions to this Project
<br /> or for completion of this Project by others,unless the Architect
<br /> 5.1.3 Construction Cost does not include the compensation of is adjudged to be in default under this Agreement, except by
<br /> the Architect and Architect's consultants, the costs of the land, agreement in writing and with appropriate compensation to the
<br /> rights-of-way, financing or other costs which are the respon- Architect.
<br /> sibility of the Owner as provided in Article 4.
<br /> 6.2 Submission or distribution of documents to meet official
<br /> 5.2 RESPONSIBILITY FOR CONSTRUCTION COST regulatory requirements or for similar purposes in connection
<br /> with the Project is not to be construed as publication in deroga-
<br /> 5.2.1 It is recognized that neither the Architect nor the Owner tion of the Architect's reserved rights.
<br /> has control over the cost of labor,materials or equipment,over
<br /> the Contractor's methods of determining bid prices, or over
<br /> competitive bidding,market or negotiating conditions.Accord-
<br /> ingly, the Architect cannot and does not warrant or represent ARTICLE 7
<br /> that bids or negotiated prices will not vary from any estimate of ARBITRATION
<br /> Construction Cost or evaluation prepared or agreed to by the
<br /> Architect.
<br /> 7.1 Claims, disputes or other matters in question between the
<br /> 5.2.2 No fixed limit of Construction Cost shall be established parties to this Agreement arising out of or relating to this Agree-
<br /> as a condition of this Agreement by the furnishing,proposal or ment or breach thereof shall be subject to and decided by arbi-
<br /> establishment of a Project budget,unless a fixed limit has been tration in accordance with the Construction Industry Arbitra-
<br /> agreed upon in writing and signed by the parties hereto. Fixed tion Rules of the American Arbitration Association currently in
<br /> limits,if any,shall be increased in the amount of an increase in effect unless the parties mutually agree otherwise. No arbitra-
<br /> the Contract Sum occurring after execution of the Contract for tion arising out of or relating to this Agreement shall include,by
<br /> Construction. consolidation, joinder or in any other manner, an additional
<br /> person or entity not a party to this Agreement,except by writ-
<br /> 5.2.3 Any Project budget or fixed limit of Construction Cost ten consent containing a specific reference to this Agreement
<br /> may be adjusted to reflect changes in the general level of prices signed by the Owner,Architect,and any other person or entity
<br /> in the construction industry between the date of submission of sought to be joined. Consent to arbitration involving an addi-
<br /> the Construction Documents to the Owner and the date on tional person or entity shall not constitute consent to arbitra-
<br /> which proposals are sought. tion of any claim, dispute or other matter in question not
<br /> 5.2.4 If a fixed limit of Construction Cost is exceeded by the described in the written consent. The foregoing agreement to
<br /> lowest bona fide bid or negotiated proposal, the Owner shall: arbitrate and other agreements to arbitrate with an additional
<br /> person or entity duly consented to by the parties to this Agree-
<br /> .1 give written approval of an increase in such fixed ment shall be specifically enforceable in accordance with appli-
<br /> limit; cable law in any court having jurisdiction thereof.
<br /> .2 authorize rebidding or renegotiating of the Project 7.2 In no event shall the demand for arbitration be made after
<br /> within a reasonable time; the date when institution of legal or equitable proceedings
<br /> .3 if the Project is abandoned, terminate in accordance based on such claim,dispute or other matter in question would
<br /> with Paragraph 8.3; or be barred by the applicable statutes of limitations.
<br /> .4 cooperate in revising the Project scope and quality as
<br /> required to reduce the Construction Cost. 7.3 The award rendered by the arbitrator or arbitrators shall be
<br /> final,and judgment may be entered upon it in accordance with
<br /> 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, applicable law in any court having jurisdiction thereof.
<br /> the Architect,without additional charge,shall modify the Con-
<br /> tract Documents as necessary to comply with the fixed limit,if
<br /> established as a condition of this Agreement.The modification ARTICLE 8
<br /> of Contract Documents shall be the limit of the Architect's
<br /> responsibility arising out of the establishment of a fixed limit. TERMINATION, SUSPENSION OR ABANDONMENT
<br /> The Architect shall be entitled to compensation in accordance
<br /> with this Agreement for all services performed whether or not 8.1 This Agreement may be terminated by either party upon
<br /> the Construction Phase is commenced. not less than seven days' written notice should the other party
<br /> AIA DOCUMENT 8151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIAT •©1987
<br /> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 B151-1987 4
<br /> WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.
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