synopsis
a standard form of agreement between the Architect and the Consultant providing services to the architect. C401 is suitable for use with all types of consultants, including consulting architects. It may be used with aa variety of compensation methods. C401 assumes and incorporates by reference a preexisting Owner/architect agreement, such as the B101, known as the “ prime agreement “.
1 - GENERAL PROVISIONS
- copy of the Architect’s agreement with the Owner
- portion of the Project for which the Consultant shall provide services
- Architect shall assume to Consultant all responsibilities that Owner assumes to Architect
- Consultant is an independent contractor
- all communications between Consultant and Owner, Contractor or other consultants shall be forwarded to Architect
- Any other consultants to be retained by the Architect
2 - CONSULTANT’S RESPONSIBILITIES
- perform services with professional skill and care
- identify a representative
- recommend surveys, tests and reports required
- coordinate its services with those of the Architect
- provide copies of their drawings and reports as needed
- not be responsible for acts or omissions of Architect or Consultants
- submit a schedule for approval
- maintain certain insurance
3- SCOPE OF CONSULTANT’S SERVICES
- provide Architect with same professional services as Architect provides Owner
- Consultant shall be licensed
- assist Architect in determining if Architect should reject the Work
4- ADDITIONAL SERVICES
only for fees and services with Owner’s authorization
5- ARCHITECT’S RESPONSIBILITIES
- provide needed information in a timely manner
- identify a representative
- provide copies of estimates for the Work
- provide prompt written notice of any errors or omissions
6- COST OF THE WORK
consultant shall prepare and submit an estimate of Cost of the Work to Architect
7 - COPYRIGHTS AND LICENSES
- each party keeps ownership of their drawings
- consultant grants Architect license to use their “ Instruments of Service “
- Neither shall make changes to each other’s Instruments of Service
8 - CLAIMS AND DISPUTES
Architect and Consultant:
- indemnify and hold harmless one another against damages, losses and judgements arising from claims by third parties
- Any claims are:
- to be resolved by mediation
- arbitration is optional
9 - TERMINATION AND SUSPENSION
Either party may terminate contract:
- under same terms as Prime Agreement with Owner
- if Prime Agreement is terminated
10 - MISCELLANEOUS PROVISIONS
This agreement:
- is governed by law provided in the Prime Agreement
- is bound to both parties
- avoid responsibilities for discovery of hazardous materials on site
- is kept confidential
11 - COMPENSATION
Architect shall compensate Consultants:
- basis for payment
- for Additional Services
- hourly rates
- reimbursable expenses
12 - SPECIAL TERMS AND CONDITIONS
any additional terms or conditions should be inserted here
13 - SCOPE OF THE AGREEMENT
amended only by written document signed by both Architect and Consultant
