I think you would use that and do a lot of editing. The architect's and engineer's rights should not change much but since the engineer is hiring the architect you may need to reverse a lot of the terminology.
C101™–1993 (formerly C801™–1993), Joint Venture Agreement for Professional Services
This document is intended to be used by two or more parties to provide for their mutual rights and obligations in forming a joint venture. It is intended that the joint venture, once established, will enter into an agreement with the owner to provide professional services. The parties may be all architects, all engineers, a combination of architects and engineers, or another combination of professionals. The document provides a choice between two methods of joint venture operation. The “division of compensation” method assumes that services provided and the compensation received will be divided among the parties in the proportions agreed to at the outset of the project. Each party’s profitability is then dependent on individual performance of pre-assigned tasks and is not directly tied to that of the other parties. The “division of profit and loss” method is based on each party performing work and billing the joint venture at cost plus a nominal amount for overhead. The ultimate profit or loss of the joint venture is divided between or among the parties at completion of the project, based on their respective interests. AIA Document C101–1993 was renumbered only in 2007; its content remains the same as in C801–1993. NOTE: C801–1993 expired on May 31, 2009.
don't sweat it, drafting an agreement is the prime's problem, not yours... otherwise, you'd be the prime.
Don't use c101 unless you're reallying in a j-v. the c401 is flexible enough to specify any scope of work (including architecture) - or just use a b1XX that floats your boat. if they are paying, then they are the client...
It is also important to make sure your agreement conforms to the contract the prime has with the Owner and especially with the Owner-Contractor agreement. What is your authority going to be on site? What is your responsibility for submittals? Who owns your work product? Do you get paid only when the prime gets paid, etc.
When I start thinking about contract terms I sometimes wonder about my choice of profession!
Sep 21, 09 10:11 pm ·
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which AIA contract to use?
Which AIA contract do you use when the Engineer is the prime and the architect is the engineer's consultant?
C401, the Standard Form of Agreement Between Architect and Consultant doesn't seem to apply...
I think you would use that and do a lot of editing. The architect's and engineer's rights should not change much but since the engineer is hiring the architect you may need to reverse a lot of the terminology.
Try C101
C101™–1993 (formerly C801™–1993), Joint Venture Agreement for Professional Services
This document is intended to be used by two or more parties to provide for their mutual rights and obligations in forming a joint venture. It is intended that the joint venture, once established, will enter into an agreement with the owner to provide professional services. The parties may be all architects, all engineers, a combination of architects and engineers, or another combination of professionals. The document provides a choice between two methods of joint venture operation. The “division of compensation” method assumes that services provided and the compensation received will be divided among the parties in the proportions agreed to at the outset of the project. Each party’s profitability is then dependent on individual performance of pre-assigned tasks and is not directly tied to that of the other parties. The “division of profit and loss” method is based on each party performing work and billing the joint venture at cost plus a nominal amount for overhead. The ultimate profit or loss of the joint venture is divided between or among the parties at completion of the project, based on their respective interests. AIA Document C101–1993 was renumbered only in 2007; its content remains the same as in C801–1993. NOTE: C801–1993 expired on May 31, 2009.
right,
don't sweat it, drafting an agreement is the prime's problem, not yours... otherwise, you'd be the prime.
Don't use c101 unless you're reallying in a j-v. the c401 is flexible enough to specify any scope of work (including architecture) - or just use a b1XX that floats your boat. if they are paying, then they are the client...
It is also important to make sure your agreement conforms to the contract the prime has with the Owner and especially with the Owner-Contractor agreement. What is your authority going to be on site? What is your responsibility for submittals? Who owns your work product? Do you get paid only when the prime gets paid, etc.
When I start thinking about contract terms I sometimes wonder about my choice of profession!
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