Owner engaged AOR to complete construction documents for a small TI retail project. AOR put together an acceptable set of documents, but grossly underbid the project and does not want to be involved in the construction phase (it was not part of their original proposal).
Owner would like me to step in and help see project across the finishline. Project has been permitted. To date I've been helping Owner interpret bid questions and he is currently finalizing contract with his selected GC.
He's asking if the A101 should be marked up with my office as the "Architect". Our agreement as it stands is for hourly consulting just to help him answer questions (I thought AOR was going to complete CA).
My take is that I should be listed as Architect so that I am empowered by the A101/B101 to function in that role. B101 requires that an Architect be engaged some way or another, so listing the AOR doesn't seem feasible (since they haven't been retained and don't want to be).
Thoughts? Many thanks in advance.
thisisnotmyname
Nov 30, 20 7:18 pm
This is one where I would call my insurance agent for advice.
Is/was there a B101 executed between the owner and the AOR? Is the Owner proposing to sign a B101 with you? It seems like any AIA agreement would need some editing to reflect your limited role in the project.
Whatever you do, I think you need to have a limitation of liability clause in your contract with the Owner. You didn't do any of the design work, so you should avoid being liable for problems with the AOR's work.
Bench
Dec 1, 20 6:58 am
First thing that jumps out at me is that it would be supremely bizarre to be having yourself referred to in the contract as the AOR, while the GC is flipping through the documents at the same time that have someone elses stamp...
Everyday Architect
Dec 1, 20 10:58 am
I think you’re likely overthinking this. Check with your lawyers, etc. but I’d probably do something like the following.
On the A101, include both you and the AOR as the architect. Make two paragraphs and call yourself the architect and then the other the “architect of record” or “design architect” or something like that if you really need a distinction.
I’m not sure why you’re worried about the AOR’s B101 with your client. That’s for them to worry about amongst themselves. You say you already have a separate agreement. Are you planning on drafting a new agreement to cover your expanded CA services, or just continuing under the hourly? Even under the hourly it might be a good idea to amend the agreement to reflect your CA responsibilities. You could likely just crib from B101, or refer to an edited B201, for just the typical services during construction.
I’d also confirm with the AHJ that they won’t have any issues with your client’s approach. I wouldn’t think they would, but you never know. It might save some questions/headaches later in the process if anything comes up.
Your client should also make sure the AOR is cool with all this too. They might need a few hours of the AOR’s time anyway during CA. At a minimum, they should be aware of the arrangements so that if they get a random question from a sub, or from the AHJ they can direct it to you. The last thing you and your client want is them to get offended and make an issue with the AHJ and their stamp on the permitted drawings.
thisisnotmyname
Dec 1, 20 1:28 pm
100% agree with this. If they haven't already, the OP should speak to the AOR to confirm the situation. I say that because I've seen several clients not fully pay an architect for CDs and then bring in someone else for CA as a way to keep the project moving. A client like that will probably not fully pay for the CA work either.
Everyday Architect
Dec 1, 20 2:02 pm
lol ... I was wondering how long before we'd have a new member pop up with a thread saying their client hired them for a TI and when they finished CDs they stiffed them on the payment and was going to be hiring a different architect for CA and they don't know what they can do about it.
thisisnotmyname
Dec 1, 20 2:22 pm
The really scummy developers in my town stiff and switch architects for each phase. They will claim to be on a tight schedule and get the architect to do the whole phase in 30 days or less so they can get the drawings before the invoice comes due. It's a big red flag for us when someone shows up with drawings by
another architect.
Owner engaged AOR to complete construction documents for a small TI retail project. AOR put together an acceptable set of documents, but grossly underbid the project and does not want to be involved in the construction phase (it was not part of their original proposal).
Owner would like me to step in and help see project across the finishline. Project has been permitted. To date I've been helping Owner interpret bid questions and he is currently finalizing contract with his selected GC.
He's asking if the A101 should be marked up with my office as the "Architect". Our agreement as it stands is for hourly consulting just to help him answer questions (I thought AOR was going to complete CA).
My take is that I should be listed as Architect so that I am empowered by the A101/B101 to function in that role. B101 requires that an Architect be engaged some way or another, so listing the AOR doesn't seem feasible (since they haven't been retained and don't want to be).
Thoughts? Many thanks in advance.
This is one where I would call my insurance agent for advice.
Is/was there a B101 executed between the owner and the AOR? Is the Owner proposing to sign a B101 with you? It seems like any AIA agreement would need some editing to reflect your limited role in the project.
Whatever you do, I think you need to have a limitation of liability clause in your contract with the Owner. You didn't do any of the design work, so you should avoid being liable for problems with the AOR's work.
First thing that jumps out at me is that it would be supremely bizarre to be having yourself referred to in the contract as the AOR, while the GC is flipping through the documents at the same time that have someone elses stamp...
I think you’re likely overthinking this. Check with your lawyers, etc. but I’d probably do something like the following.
On the A101, include both you and the AOR as the architect. Make two paragraphs and call yourself the architect and then the other the “architect of record” or “design architect” or something like that if you really need a distinction.
I’m not sure why you’re worried about the AOR’s B101 with your client. That’s for them to worry about amongst themselves. You say you already have a separate agreement. Are you planning on drafting a new agreement to cover your expanded CA services, or just continuing under the hourly? Even under the hourly it might be a good idea to amend the agreement to reflect your CA responsibilities. You could likely just crib from B101, or refer to an edited B201, for just the typical services during construction.
I’d also confirm with the AHJ that they won’t have any issues with your client’s approach. I wouldn’t think they would, but you never know. It might save some questions/headaches later in the process if anything comes up.
Your client should also make sure the AOR is cool with all this too. They might need a few hours of the AOR’s time anyway during CA. At a minimum, they should be aware of the arrangements so that if they get a random question from a sub, or from the AHJ they can direct it to you. The last thing you and your client want is them to get offended and make an issue with the AHJ and their stamp on the permitted drawings.
100% agree with this. If they haven't already, the OP should speak to the AOR to confirm the situation. I say that because I've seen several clients not fully pay an architect for CDs and then bring in someone else for CA as a way to keep the project moving. A client like that will probably not fully pay for the CA work either.
lol ... I was wondering how long before we'd have a new member pop up with a thread saying their client hired them for a TI and when they finished CDs they stiffed them on the payment and was going to be hiring a different architect for CA and they don't know what they can do about it.
The really scummy developers in my town stiff and switch architects for each phase. They will claim to be on a tight schedule and get the architect to do the whole phase in 30 days or less so they can get the drawings before the invoice comes due. It's a big red flag for us when someone shows up with drawings by another architect.