2000-206 - Laserfiche WebLink

Home Browse Search

tib • 40 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are for use solely with respect to this Project. Any other use shall be at the Owner's sole risk and without liability to the Architect or tate Architect's consultants. Unless Owner fails hereunder to pay Architect therefor, Owner shall be deemed the owner of such drawings, specifications and other documents and shall have and retain all rights therein. In the event Owner is adjudged to have failed hereunder to pay Architect for such drawings, specifications or other documents, ownership thereof, and all rights therein, shall revert to the Architect. 1.3.3.1 Change in services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to changing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shati give prompt written notice to the Architect, and the Architect shall have no obligation to change those services. Except for a change due to the fault of the Architect, such Change in Services of the Architect shall entitle the Architect or the Owner, as applicable, to an adjustment in compensation pursuant to Paragraph 1.52, and the Architect to any Reimbursable Expenses described In Subparagraph 1.3.9.2 and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect or the Owner shall be entitled to an appropriate adjustment in the Arc'hitect's schedule and compensation: 1 change in the instructions or approvals given by the Owner that necessitates revisions in drawings, specifications or other documents; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared drawings, specifications or other documents; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants, It any, or contractors; ,6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect Is party thereto or Is alleged to have committed a wrongful act or omission which is a subject of such hearing or proceeding; .7 change in the information contained in Article 1.1. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a civil actio,: but, in such event, mediation shall proceed in advance of legal or equitable proceedings, which may be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order,