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, . ARTICLE 5 ARTICLE 6
<br /> CONSTRUCTION COST USE OF ARCHITECT'3 DRAWINGS,
<br /> SPECIFICATIONS AND OTHER DOCUMENTS
<br /> 5.1 DEFlNITION '
<br /> 8.1 The Drawings, SpeciAcatlons and other documrnts pre-
<br /> 5.1.1 The ConstrucNon Cost shall be the totai cost or esd- p� by the Architect for thLs Project �re instrumrnts of the
<br /> mated cost to the Owner of all elemrnts of the Pro�ect designed Mchitect's service for use solely with respect to this Project,
<br /> or specifkd by the Architect. and the Atchitect shall be deemed the author of these docu-
<br /> 5.1.2 The Construction Cost shall include the cost at current ments and shall retaln ai! mmmon law, statutory and other
<br /> market rates of labor and materials fumished by the Owner and ��n'� �Shts+ ir►cluding the copydght. The Owncr shall be
<br /> equipmrnt des)gned, specified, sclected or specially provided P���tted to retain copies, including reproducibk coples, of
<br /> for by the Architect, plus a reasonable allowance for the Con- the Architect's Dc�wings, Speciflptlons and other documrnts
<br /> tractor's ovcrhnd and profit. In additfon, � reasonable allow- for informatlon and rcference in rnnnection with the Owner's
<br /> ance for contingrncies shall be tncluded for market conditions � �d occupancy of the ProJect. The Mchitect's Drawing,s,
<br /> at the time of bidding and for changes in the Work during SpeciflcaUons or other documents shall not be used by the
<br /> construalon. Owner or others on other pro�ects,for additions to this Project
<br /> or for completion of this Project by others,unless the Architect
<br /> 5.1.3 Constnsction Cost does not include the compensation of is ad�udged to be in default under this Agrcement, except by
<br /> the Archltect and Archicect's consultants, the costs of the land, agreement In wdting and with appropriate compensation to the
<br /> rights-of-way, flnancing or other costs which are the respon- Architect.
<br /> sibility of the Owner as provided in Article 4.
<br /> 6.2 Submisslon or distribudon of documrnts to meet offlcial
<br /> S.2 RESPONSIBILITY FOR CONSTRUCTION COST regulatory requirements or for similar purposes ln connection
<br /> with the Project is not to be rnnstrued�s pubiicadon in deroga-
<br /> 5.2.1 It is recogniud that neither the Architect nor the Owner tlon of the Mchitect's reserved dghts.
<br /> has control over the cost of labor,materials or equipment,over
<br /> the Contrac:or's methods of determining bid prices, or over
<br /> competitive bidding,market oi negotiating conditions.Accord-
<br /> ingly, the Architect cannot and dces not warrant or represent � ARTICIE 7
<br /> that bids or negotiated prices will not vary from any estimate of ARBITRATION
<br /> Construction Cost or evaluation prepared or agreed tv by the •
<br /> Architect.
<br /> 7.1 Claims,dlsputes or other matters in question between the
<br /> 5.2.2 No f�xed(imit of Construction Cost shall be estabiished paRies to this Agreement aNsing out of or relating to this Agree-
<br /> as a condition of this Agreement by the furnishing,proposal or ment or breach thereof shall be subJect to and declded by arbi-
<br /> establishment of a Proiect budget,unless a flxed limit has been tration in accordance with the Construction Industry Arbitra-
<br /> agreed upon in writing and signed by the parties hereto. Fixed tion Rules of the American Arbitration Association curcently in
<br /> limits, iF any,shall be increased in the amount of an increase in �effect unless the parties mutualiy agree otherwi.se. No arbitra-
<br /> the Contract Sum cxcurring after execution of the Contract for tion arising out of or relating to thls Agreement shall include,by
<br /> Constnution. consolidation, )oindcr or in any other manner, an additional
<br /> 5.2.3 Any Project budget or fixed Bmit of Construction Cost Person or rntity not a party to this Ap,reement,except by writ-
<br /> may be adiusted to reflect changes in the general level of prices ten consent contalning a speciflc reference to this Agreement
<br /> in the construction industry between the ciate of submission of signed by the Owner,Architect,and any other person or entity
<br /> the Construction Documents to the Owner and the date on S°ught to be ioined. Consent to arbitration involving an addi-
<br /> which proposals are sought. tbna! person or endty shall not constitute consent to arbitra-
<br /> tion of any claim, dispute or other matter in question not
<br /> 5.2.4 If a fixed limit of Construction Cost is exceeded by the described in the written consent. The foregoing agreement to
<br /> lowest bona fide bid or negotiated proposal, the Owner shall: arbitrate and other agreements to arbitrate with an additional
<br /> person or entlty duly consented to by the parties to this Agree-
<br /> .! give written approvai of an increase in such fixed ment shali be speciftcally enforceable in accordance with appli-
<br /> limit; cable law in any rnuR having furisdictlon thereof.
<br /> .2 authorize rebidding or renegotiaUng of the ProJect �.Z In no event shall the demand for arbitration be made after
<br /> within a reasonable time; the date when insdtution of teg�l or equitabie proccedings I
<br /> .3 lf the Pro�ect is abandoned, terminate 1n accordance based on such claim,dispute or other matter in question would
<br /> with Paragraph 8.3; or � ��by the app8cable statutes of limltadons.
<br /> .4 cooptrate in revising the Project scope and quality as
<br /> required to reduce the Conswction Cost. 7.3 The award rendered by the arbitrator or arbitrators shall be
<br /> Rnal,and Judgment may be rntercd upon it in accordance with
<br /> 5.2.4 If the Owna chooses to proceeci under Clause 5.2.4.4, applicabk I�w In any court haying jurisdiction thereof. ,
<br /> the Archltect,without additional charge,shall modify the Con- �
<br /> tract Documrnts as necessary to comply with the fiaed limit,if .
<br /> ,._;...� ,�,.;, ;�; .
<br /> esablished aa a rnndition of this Agreemrnt.The modiHcation ' • ARTICLE 8 � �
<br /> of Contraa i)oc.i�ments sh�li be che limit of the Architect's I
<br /> responsibtlity acising out of the estabushment of a fixed umit. TEFIMiNATION� SUSPENSION OR ABANDONMENiT ,
<br /> The Architect shal!be entided to compensation in accordance • � " - �' ,
<br /> with this Agrcemrnt for all services performed whether or not 8.1 This Agreement m�y be terminaced by dther parcy upon •
<br /> the Constn�ction Phase is commenced. not less than seven days'wdccen notke should the other party ,
<br /> AIA DOCUMENT 5151�ABBREVIATED OWNER•ARCHITECT AGREEMEPii'•THIRD EDITION�AU• •O 1987 �
<br /> THE AMERICAN INSTITpTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHiNGTON,D.C.20006 B�S�-�9S7 4 I
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