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ARTICLE 5 .3 if the Project is abandoned, terminate in accordance
<br /> with Paragraph 8.3; or
<br /> CONSTRUCTION COST .4 cooperace in revising the Project scope and quality as
<br /> 5.1 DEFINITION required to reduce the Construction Cost.
<br /> 5.1.1 The Construccion Cost shall be the to[al cost or esti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4,
<br /> mated cost to the Owner of all elements of the Project designed the Architect,wichout additional charge,shall modify the Con-
<br /> or specified by the Architect. [ract Documents as necessary to comply with the fixed limit,if
<br /> established as a condition of this Agreement.The modificadon
<br /> 5.1.2 The Construction Cost shail include the cost at current of Contract Documents shall be the limit of the Architecc's
<br /> market rates of labor and materials furnished by the Owner and responsibllity azising out of the establishment of a Fixed limit.
<br /> equipment designed, specified, selected or specially provided The Architect shall be entided to compensadon in accordance
<br /> for by the Archi[ect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not
<br /> tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced.
<br /> ance for concingencies shall be included for market conditions
<br /> at the time of bidding and for changes in the Work during
<br /> construction. ARTICLE 6
<br /> 5.1.3 Conscruction Cost does not include the compensadon of USE OF ARCHITECT'S DRAWINGS,
<br /> the Architect and Architect's consultants, the costs of che land, SPECIFiCATIONS AND OTHER DOCUMENTS
<br /> righ[s-of-way, financing or other cos[s which are the respon-
<br /> sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre-
<br /> 5.2 RESPONSIBILITY FOR CONSTRUCTION COST P�ed by the Architect for this Project are instruments of the
<br /> Architect's service for use solely wi[h respect to this Project
<br /> 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless ocherwise provided, the Architect shall be deemed
<br /> estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law,
<br /> struction Cost,if any, prepared by the Architect,represent the sta[utory and ocher reserved rights, including the copyright.
<br /> Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro-
<br /> the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifirations and
<br /> ther the Architect nor the Owner has control over the cost of other documents for information and reference in connecaon
<br /> labor, materials or equipment, over the Contractor's mechods with the Owner's use and occupancy of the Project.The Archi-
<br /> of determining bid prices,or over competitive bidding,market tect's Drawings,Specificadons or ocher documents shall not be I
<br /> or negotiating conditions. Accordingly, the Archicect canno[ used by the Owner or o[hers on o[her projecu,for additions to
<br /> and does not warrant or represent that bids or negotiated prices this Projecc or for complecion of this Project by others, unless
<br /> wlll not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement,
<br /> estimace of Conscruction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen-
<br /> to by che Architect. sa[ion to the Archicecc.
<br /> 5.2.2 No fixed limit of Construction Cost shall be estabiished 6.2 Submission or distribudon of documenu to meec official
<br /> as a condition of this Agreement by the fumishing,proposal or regula[ory requirements or for similar purposes in connection
<br /> establishment of a Projecc budget, unless such fixed limit has with the Proiect is not to be construed as publication in deroga-
<br /> been agreed upon in writing and signed by[he parties hereto.If tion of the Architect's reserved rights.
<br /> such a fixed limit has been established, the Architect shall be
<br /> permitted to include contingencies for design, bidding and
<br /> price escalation, to determine what materials,equipment,com-
<br /> ponent systems and types of construction are to be included in '
<br /> the Contracc Documents, to make reasonable adjustments in ARTICLE 7
<br /> the scope of the Project and to include in che Con[ract Docu- ARBITRATION
<br /> ments altemate bids to adjust the Construction Cost to the fixed
<br /> limit.Fixed limics,if any,shall be increased in the amount of an �.1 Claims, disputes or other matters in question between the
<br /> increase in the Contract Sum occurring after execution of the p�ties to ihis Agreement arising out of or relating to this Agree-
<br /> Contract for Cons[ruction. ment or breach thereof shall be subject to and decided by arbi-
<br /> 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra-
<br /> within 90 days after the Architect submits the Construcdon tion Rules of the American Arbitration Associadon currently in
<br /> Documents to the Owner, any Project budgec or fixed limi[of effect unless che parties mutually agree otherwise.
<br /> Construction Cost shall be adjusted to reflect changes in the �,2 Demand for arbitracion shall be filed in writing with the
<br /> general level of prices in the constcuction industry between the other party to this Agreement and with the American Arbitra-
<br /> date of submission oF the Conscruction Documents to che cion Association.A demand for arbitraaon shail be made wichin
<br /> Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter in
<br /> 5.2.4 If a fixed limit of Construction Cost (adjusced as pro- question has arisen.In no event shall the demand for arbitration
<br /> vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the dace when insdtution of legal or equitable
<br /> fide bid or ncgotiated proposat, the Owner shall: proceedings based on such claim, dispute or other matter in
<br /> .1 give written approval of an increase in such fixed Quesdon would be barred by che applicable sracuces of limitaaons.
<br /> limit; 7.3 No arbicration arising out of or relating [o this Agreement
<br /> .2 authorize rebidding or rcnego[iating of the Project shall include,by consolidation,joinder or in any other manner,
<br /> within a reasonable time; an addicional person or encity not a party to this Agreement,
<br /> AIA DOCUMENT 8111 • OWNER•ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIAm • �01987
<br /> THE AMERICAN INSTITUTE OF ARCNITECTS,I735 NEVG YORKAVENUE,N.W.,WASHINGTON,D.C.20006 Bi 4�-1987 6
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