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ARTICLE 5 .3 if the Profeet is abandoned, terminate in accordartcc
<br /> with Paragraph 8,3: or
<br /> CONSTRUCTION COST
<br /> .4 cooperate in revising the Project scope and quality as
<br />5.1 DEFINITION reqturccl to rcducc the Construction Cost.
<br />5,1,1 The Construction Cost shall be the total cost or est,- 5.2,S If the Owner chooses to proceed under Clause '5.2.4.4,
<br /> the Architect. without additional charge. shall modifi,.- the Con-
<br />mated cost to the Owner of all elements of the Proiect designed
<br /> 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 me cost at current of Contract Documents shall be 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 />eqtupment designed. specified. selected or specially provided The Architect shall be enUticd to compensaUon in accordance
<br />for by the Architect. plus a reasonable allowance for the Con- with this Agrcenent for all services performed whether or not
<br />tractor's overhead and profit. In addition. a reasonable allow- the ConstrucUon Phase is commenced.
<br />ancc for conungenc~es shall be included for market conditions
<br />at me tune of bidding and for changes m the Work dunng
<br />co4~ruction. 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 OTHI:R DOCUMENTS
<br />rights-of-way. financing or other costs which are the respon-
<br />sibility of the Owner as provided in Article ,i. 6,1 The Drawings, Specifications and other documents pre-
<br />S.2 RESPONSIBIUTY FOR CONSTRUCTION COST pared hv the Architect for this Project are instruments of the
<br /> Architect's service for use solely with respect to this Project
<br />S,2..1 Evaluations of the Owncr's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed
<br />esumares of ConstrucUon Cost and detailed estunates of Con- the author or these documents and shall retain all common law,
<br />struction Cost. if any, prepared by the Architect. represent the statuton., and other reserved rights, including the copyright.
<br />Architect's best judgment as a design professional familiar with The Owner shall be penTlitted to retain copies, including repro-
<br />the construcUon industry. It is recognized. however, that nei- dudbit copies, of the Architect's Drawings, Specifications and
<br />ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection
<br />labor, matends or ecltnpment, over the Contmctor's methods with the Owner's use and occupancy of the Project. The Archi-
<br />of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other documents shall not be
<br />or negotnUng conditions. Accordingly, the Architect cannot used by thc Owner or others on other proleea, for additions to
<br />and does not warrant or represent that bids or negotiated prices this Proicct or for completion of this Proicct by othen, unless
<br />~ not vary. from the Owner's Project budget or from any the Architect is adiudged to be in default under this Agreement.
<br />cstm,.ate of Construction Cost or evaluaUon prepared or agreed except by agreement in writing and with appropn,qte cornpen-
<br />to by the Architect. sation to the Architect.
<br />S,2,2 No ruted limit of Construcuon Cost shall be established 6,2 Submission or distribution of documents to meet official
<br />as a condition of this Agreement by the furnishing, proposal or regulatory requu'cments or for similar purposes in connccuon
<br />establishment of a Project budget, unless such rtxed limit has with the Project LS no{ to be construed as publication in deroga-
<br />becm agreed upon m writing and signed by the parries hereto. If tion of the Architcct's reserved rights.
<br />sucl~ a rtxed limit has bccn established, the Architect shall be
<br />pextnitted to include contingencies for desert, bidding and
<br />pncc escalaUon. to determine what materials, equipment, com-
<br />ponent systems and types of construction arc to be included in
<br />the Contract Documents, to mac masonable adiustmcnts in ARTICLE 7
<br />the scope of the Proiect and to include in the Contract Docu- ARBITRATION
<br />rncnr. s alternate bids to adiu.~ the ConstrucUon Cost to the fixed
<br />limt. Fixedlimits, ifany, shall bc incrcased in the amount of an 7,1 Claims, disputes or other matters in quesUon between thc
<br />incxease m the Contract Sum occurring after cxecuUon of the parties to this Agreement arising out of or relating to this Agree-
<br />Contract for Consu'ucuon. ment orbreach thereof shall be subjec~ to and decided by arbi-
<br />S,2,3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry. ,,u'bitra-
<br />wm'~n 9O days after the Architect submits the Construction tion Rules of the American Arbitration Association cun'cntiy in
<br />Documents to the Owner, any Project budget or f'LXed limit of effect Unless the p:arUes mutually agree otherwise.
<br />Cor~struction Cost shall be adjusted to reflect changes in the 7,2 Demand for arbitration shall be riled in writing with the
<br />geseral level of prices m the construction industry. between the other party to this ASrccment and with the Amenc;m Arbitra-
<br />dac of subminion of the Construction Documents to the tion Association. ^ demand for arbitration shall be made within
<br />Owner and the date on which proposals we sought. a reasonable time after the claim, dispute or other matter m
<br />S.2,4 lra fixed Umit of ConstrucUon Cost (adjusted as pro- question has arisen. in no event shall the demand/or arbitraUon
<br />vidcd in Subparagraph 5.2.31 is exceeded by the lowest bona be made after the date when institution of legal or equitable
<br />rK:lc bid or negouated 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 appUcablc statutes of limir'-,nons.
<br /> lLmit; 7,3 No arbitration arising out of or relaUng to this Agreement
<br /> · 2 authorize rebidding or renegouating of the Project shall include. by cofisolidabon. joinder or m any other manner.
<br /> within a reasonable time: an additional person or enUty not a party. to this ^grccment.
<br />
<br />AIA ~OCUMB4T 1141 , OWN!:R-AitCHITECT AGRE~.M~HT · FOt~gEt, a'1'H EDr!'ION · AIA
<br />T/-m ,U4nUC,,~ ~NSTn'U'~ O~' aCHn'ECTS. Z73S NEW YOZtX ^Vm~/UE. N.W., W~SZ. imGTON, D.C. 2OOO6 BI41-1987 6
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