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2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen-
<br /> cerning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec-
<br /> requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work,
<br /> either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not
<br /> such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect
<br /> within any time limits agreed upon. as described elsewhere in this Agreement.
<br /> 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES
<br /> consistent with the intent of and reasonably inferable from the
<br /> Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other
<br /> drawings..When making such interpretations and initial deci- documents,when such revisions are:
<br /> sions, the Architect shall endeavor to secure faithful perfor-
<br /> mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously
<br /> to either,and shall not be liable for results of interpretations or given by the Owner,including revisions made neces-
<br /> decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj-
<br /> 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget;
<br /> tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws
<br /> the Contract Documents. or regulations subsequent to the preparation of such
<br /> documents; or
<br /> 2.6.18 The Architect shall render written decisions within a
<br /> reasonable time oh all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail-
<br /> lion between the Owner and Contractor relating to the execu- . ure to render decisions in a timely manner.
<br /> tion or progress of the Work as provided in the Contract
<br /> . _ Documents, 3.3.2 Providing services required because of significant
<br /> changes in the Project including, but not limited to,size, qual-
<br /> 2.6.19 The Architect's decisions on claims, disputes or other ity, complexity, the Owner's schedule, or the method of bid-
<br /> matters, including those in question between the Owner and ding or negotiating and contracting for construction,except for
<br /> Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5.
<br /> vided in Subparagraph 2.6.17,shall be subject to arbitration as
<br /> provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen-
<br /> tation and supporting data, evaluating Contractor's proposals,
<br /> and providing other services in connection with Change
<br /> ARTICLE 3 Orders and Construction Change Directives.
<br /> ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi-
<br /> tutions proposed by the Contractor and making subsequent
<br /> •
<br /> 3.1 GENERAL revisions to Drawings,Specifications and other documentation
<br /> resulting therefrom.
<br /> 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerning replacement of Work
<br /> in Basic Services unless so identified in Article 12,and they shall
<br /> be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur-
<br /> addition to the compensation for Basic Services. The services Wishing services required in connection with the replacement
<br /> described under Paragraphs 3.2 and 3.4 shall only be provided of such Work.
<br /> if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the
<br /> described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the Work of the
<br /> 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or
<br /> control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction.
<br /> mencing such services. If the Owner deems that such services
<br /> described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of
<br /> shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection
<br /> indicates in writing that all or part of such Contingent Addi- with the Work.
<br /> tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing,
<br /> gation to provide those services. arbitration proceeding or legal proceeding except where the
<br /> 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto.
<br /> SERVICES 3.3.9 Preparing documents for alternate,separate or sequential
<br /> 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,negotia-
<br /> described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construe-
<br /> provide one or more Project Representatives to assist in carry-
<br /> tion Documents Phase. .
<br /> ing out such additional on-site responsibilities.
<br /> 3.4 OPTIONAL ADDITIONAL SERVICES .
<br /> 3.2.2 Project Representatives shall be selected, employed and
<br /> directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program-
<br /> sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project.
<br /> duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies.
<br /> Representatives shall he as described in the edition of AIA
<br /> Document 13352 current as of the date of this Agreement,unless , 3.4.3 Providing planning surveys, site evaluations or corn-
<br /> otherwise agreed. partitive studies of prospective sites.
<br /> AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AlA® • ©1987 6141-1987 4
<br /> THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NV„WASHINGTON,D.C.21)0 G
<br /> WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
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