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<br /> ARTICLE 5 .3 if the Project Is abandoned, terminate in-accordance
<br /> with Paragraph 8.3; or
<br /> CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as
<br /> L. required to reduce the Construction Cost.
<br /> 5.1 DEFINITION
<br /> 5.2.5 if the Owner chooses to proceed under Clause 5.2,4A,
<br /> 5.1.1 The Construction Cost shall he the total cost or esti- the Architect,without additional charge,shall modify the Con-
<br /> mated cost to the Owner of all elements of the Project designed tract Documents as necessary to comply with the fixed limit,if
<br /> or specified by the Architect. established as a condition of this Agreement.The modification
<br /> 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall he the limit of the Architect's
<br /> market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit.
<br /> • equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance
<br /> for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not
<br /> tractor's overhead and profit. in addition, a reasonable allow- the Construction Phase is commenced.
<br /> ante for contingencies shall he included for market conditions . ,
<br /> at the time of bidding and for changes in the Work during
<br /> construction. ARTICLE 6 ,
<br /> 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, '
<br /> the Architect and Architect's consultants,the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS
<br /> rights-of-way, financing or other costs which are the respon-
<br /> sibility of the Owner as provided in Article 4.' 6.1 The Drawings, Specifications and other documents pre-
<br /> 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project arc instruments of the
<br /> Architect's service for use solely with respect to this Project
<br /> 5.2.1 Evaluations of the Owner's Project budget, preliminary • and, unless otherwise provided, the Architect shall be deemed
<br /> estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law,
<br /> struction Cost, if any,prepared by the Architect, represent the statutory and other reserved rights, including the copyright.
<br /> Architect's best judgment as a design professional familiar with The Owner shall he permitted to retain copies,including repro-
<br /> the construction industry. it is recognized, however, that nci- ducihie copies, of the Architect's Drawings, Specifications and
<br /> tiler the Architect nor the Owner has control over the cost of other documents for information and reference in connection
<br /> labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi-
<br /> of determining hid prices,or over competitive bidding,market tect's Drawings,Specifications or other documents shall not he
<br /> or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to
<br /> . and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless
<br /> will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement,
<br /> estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen-
<br /> to by the Architect. cation to the Architect. '
<br /> 5.2.2 No fixed limit of Construction Cost shall he established 6.2 Submission or distribution of documents to meet official
<br /> as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection
<br /> establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga-
<br /> heen agreed upon in writing and signed by the parties hereto.if tion of the Architect's reserved rights.
<br /> such a fixed limit has been established, the Architect shall he
<br /> permitted to include contingencies for design, bidding and
<br /> price escalation,to determine what materials,equipment,conn-
<br /> ponent systems and types of construction are to he included in ARTICLE 7
<br /> the Contract Documents, to make reasonable adjustments in
<br /> the scope of the Project and to include in the Contract Docu- ARBITRATION
<br /> meets alternate bids to adjust the Constriction Cost to the fixed
<br /> limit.Fixed limits,if any,shall he increased in the amount of an 7.1 Claims,disputes or other matters in question between the
<br /> increase: in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree-
<br /> Contract for Construction. meet or breach thereof shall be subject to and decided by arbi-
<br /> 5.2-3 If the Bidding or Negotiation Phase has not commenced — tration in accordance with the Construction industry Arbitra-
<br /> within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in
<br /> Documents to the Owner,am'Project budget or fixed limit of i •effect unless the parties mutually agree otherwise.
<br /> Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall he filed in writing with the
<br /> general level of prices in the construction industry between the other party to this Agreement and with the American Arbitra-
<br /> date of submission of the Construction Documents to the tion-Association.A demand for arbitration shall be made within
<br /> Owner and the date on which proposals arc sought. a reasonable time after the claim, dispute or other matter in
<br /> 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In no event shall the demand for arbitration
<br /> vided in Subparagraph'5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable
<br /> fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in
<br /> .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations.
<br /> limit; • 7.3 No arbitration arising out of or relating to this Agreement
<br /> .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner,
<br /> within a reasonable time; an additional person or entity not a party to this Agreement,
<br /> MA DOCUMENT B141 • OWNER-ARCItITECT AGREEMENT- FOURTEENTH EDITION•MA* • ©1957
<br /> THE AMERICAN INSTiTUTE.OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2r1U(1C B141-1987 6
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