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2.6.16 The Architect shall interpret and decide matters con-
<br />cerning performance of the Owner and Contractor under the
<br />requirements of the Contract Documents on written request of
<br />either the Owner or Contractor. The Architect's response to
<br />such requests shall be made with reasonable promptness and
<br />within any time limits agreed upon.
<br />2.6.16 Interpretations and decisions of the Architect shall be
<br />consistent with the intent of and reasonably inferable from the
<br />Contract Documents and shall be in writing or in the form of
<br />drawings. When making such interpretations and initial deci-
<br />sions, the Architect shall endeavor to secure faithful perfor-
<br />mance by both Owner and Contractor, shall not show partiality
<br />to either, and shall not be liable for results of interpretations or
<br />decisions so rendered in good faith.
<br />2.6.17 The Architect's decisions on matters relating to aesthe-
<br />tic effect shall be final if consistent with the intent expressed in
<br />the Contract Documents.
<br />2.6.18 The Architect shall render written decisions within a
<br />reasonable time on all claims, disputes or other matters in ques-
<br />tion between the Owner and Contractor relating to the execu-
<br />tion or progress of the Work as provided in the Contract
<br />Documents.
<br />2.6.19 The Architect's decisions on claims, disputes or other
<br />matters, including those in question between the Owner and
<br />Contractor, except for those relating to aesthetic effect as pro-
<br />vided in Subparagraph 2.6.17, shall be subject to arbitration as
<br />provided in this Agreement and in the Contract Documents.
<br />ARTICLE 3
<br />ADDITIONAL SERVICES
<br />3.1 GENERAL
<br />3.1.1 The services described in this Article 3 are not included
<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
<br />addition to the compensation for Basic Services. The services
<br />described under Paragraphs 3.2 and 3.4 shall only be provided
<br />if authorized or confirmed in writing by the Owner. If services
<br />described under Contingent Additional Services in Paragraph
<br />3.3 are required due to circumstances beyond the Architect's
<br />control, the Architect shall notify the Owner prior to com-
<br />mencing such services. if the Owner deems that such services
<br />described under Paragraph 3.3 are not required, the Owner
<br />shall give prompt written notice to the Architect. If the Owner
<br />indicates in writing that all or part of such Contingent Addi-
<br />tional Services are not required, the Architect shall have no obli-
<br />gation to provide those services.
<br />3.2 PROJECT REPRESENTATION BEYOND BASIC
<br />SERVICES
<br />3.2.1 if more extensive representation at the site than is
<br />described in Subparagraph 2.6.5 is required, the Architect shall
<br />provide one or more Project Representatives to assist in carry-
<br />ing out such additional on -site responsibilities.
<br />3.2.2 Project Representatives shall be selected, employed and
<br />directed by the Architect, and the Architect shall he compen-
<br />sated therefor as agreed by the Owner and Architect. The
<br />duties, responsibilities and limitations of authority of Project
<br />Representatives shall be as described in the edition of AIA
<br />Document B352 current as of the date of this Agreement, unless
<br />otherwise agreed.
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<br />3.2.3 Through the observations by such Project Represen-
<br />tatives, the Architect shall endeavor to provide further protec-
<br />tion for the Owner against defects and deficiencies in the Work,
<br />but the furnishing of such project representation shall not
<br />modify the rights, responsibilities or obligations of the Architect
<br />as described elsewhere in this Agreement.
<br />3.3 CONTINGENT ADDITIONAL SERVICES
<br />3.3.1 Making revisions in Drawings, - Specifications or other
<br />documents when such revisions are;
<br />.1 inconsistent with approvals or instructions previously
<br />given by the Owner, including revisions made neces-
<br />sary by adjustments in the Owner's program or Proj-
<br />ect budget;
<br />,2 required by the enactment or revision of codes, laws
<br />or regulations subsequent to the preparation of such
<br />documents; or
<br />.3 due to changes required as a result of the Owner's fail-
<br />ure to render decisions in a timely manner.
<br />3.3.2 Providing services required because of significant
<br />changes in the Project including, but not limited to, size, qual-
<br />ity, complexity, the Owner's schedule, or the method.of bid-
<br />ding or negotiating and contracting for construction, except for
<br />services required under Subparagraph 5.2.5.
<br />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 />Orders and Construction Change Directives.
<br />3.3.4 Providing services in connection with evaluating substi-
<br />tutions proposed by the Contractor and making subsequent
<br />revisions to Drawings, Specifications and other documentation
<br />resulting therefrom.
<br />3.3.5 Providing consultation concerning replacement of Work
<br />damaged by fire or other cause during construction, and fur-
<br />nishing services required in connection with the replacement
<br />of such Work.
<br />3.3.6 Providing services made necessary by the default of the
<br />Contractor, by major defects or deficiencies in the Work of the
<br />Contractor, or by failure of performance of either the Owner or
<br />Contractor under the Contract for Construction.
<br />3.3.7 Providing services in evaluating an extensive number of
<br />claims submitted by the Contractor or others in connection
<br />with the Work.
<br />3.3.8 Providing services in connection with a public hearing,
<br />arbitration proceeding or legal proceeding except where the
<br />Architect is party thereto.
<br />3.3.9 Preparing documents for alternate, separate or sequential
<br />bids or providing services in connection with bidding, negotia-
<br />tion or construction prior to the completion of the Construc-
<br />tion Documents Phase.
<br />3.4 OPTIONAL ADDITIONAL SERVICES
<br />3.4.1 Providing analyses of the Owner's needs and program-
<br />ming the requirements of the Project.
<br />3.4.2 Providing financial feasibility or other special studies.
<br />3.4.3 Providing planning surveys, site evaluations or com-
<br />parative studies of prospective sites.
<br />AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* 9 01987
<br />THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 r, 8141-1987 4
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