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Design team agreement types - ✔✔Teaming agreements
Consultant agreements
Joint venture agreements
Teaming agreements - ✔✔employed to structure the relationships among the
architect and other key design professionals and consultants in connection with
pursuing a particular project or client.
Consultant agreements - ✔✔typically used by an architect to retain the services
of design professionals and other consultants for a project in which the architect
cannot provide all of the required services itself.
Joint venture agreements - ✔✔create and structure the relationships between
an architect and another design professional or other party who wish to
combine forces to provide services to their client.
Design-build agreements - ✔✔set forth the relationship between a designer and
a builder for projects in which the client wants a single point of responsibility
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,with a single party for all design and construction services necessary for the
client's project. (See the Design-Build Agreements backgrounder in this section.)
Integrated project delivery agreements - ✔✔are a new approach to project
delivery which, in a single agreement, creates and structures the contractual
relationships among the client, designer, and contractor who jointly share in the
success or failure of the project. (See the Integrated Project Delivery
Agreements backgrounder in this section.) Such agreements may also include
other design professionals and specialty subcontractors. These multi-party
agreements create a design and construction team, with the owner as a team
member.
Agreements can and should be modified and shaped by - ✔✔Uniqueness of
project
Uniqueness of participants
Type of delivery method
Aspects of the party's relationship
The type of risks and who will assume them
The compensation of services
The schedule
The expectation of scope of servivces
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,The obligations they owe to each other
2 major issues covered in architect-consultant agreements that once worked
out, easy to prepare architect-consultant agreement incorporating decisions of
and parallels the owner-architect agreement - ✔✔passing to the consultant the
architect's rights and responsibilities to the owner with respect to the services
to be provided by the consultant, and sharing risks and rewards
Clarifying responsibilities between owner an architect accomplishes at least 2
things - ✔✔Helps architect identify the services for which other design
consultants will be sought, and it begins to allocate project risks among the
owner, architect, and others on the project team.
Legal rights and responsibilities of consultant to architect - ✔✔Same legal rights
the architect has from the owner
In regards to professional discipline, Same responsibilities owed to the architect
that architect owes to owner
Common to incorporate owner-architect agreement (withou info on $) into
architect-consultant agreement to bind consultant to provide all of the services
in its discipline and be subject to the same terms and conditions architect owes
to owner
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, Owner-architect agreement should parallel - ✔✔Architect-consultant
agreement
Statements of service as well as terms and conditions should be carried
consistently
Architect-consultant agreement - ✔✔Should address protocols for email,
internet, digitial info sharing, digital storage snd transfer, BIM for design
integration among all project team memmbers, owners, contractors,
fabricators...
BIM and consultants key points - ✔✔Concerns including responsibility for the
integrity of the model or its parts
Ownership of and use rights of model and its outputs (dwgs, specs, schedules,
energy analysis, cost estimates)
Protocols for modifications of model
Responsibilities for errors or omissions in the data included in model
Architect-consultant agreement offers opportunity for parties to determine and
agree upon how to handle these issues
As the prime design professional, the architect assumes responsibility of -
✔✔the architect assumes primary contractual responsibility to the owner for
the accuracy and completeness of the work of the architect's consultants. If
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