Architect’s Additional Services. Additional Services are not included in Basic Services but may be required for the Project. The Owner may request and the Architect shall provide Additional Services after execution of this Agreement without invalidating the Agreement. Additional Services requested by the Owner will be confirmed in writing. Should the Owner request services that the Architect believes to be outside the scope of Basic Services, the Architect shall, before performing those services, inform the Owner in writing of the Architect’s belief that the services requested are Additional Services, and shall provide an estimate in writing to the Owner of the probable total of the Additional Service Fees to be incurred in performing the purported additional services. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. Notwithstanding anything to the contrary in this Agreement, Owner shall not be responsible to pay, and the Architect shall not be entitled to receive compensation for, any Additional Services to the extent such services are required due to the fault or negligence of the Architect or the Architect's failure to perform in accordance with the terms of this Agreement. The Architect shall immediately proceed to perform any Additional Services in accordance with any written direction from the Owner directing such Additional Services, pending resolution of any issue as to payment or time for such services. Except as otherwise provided herein, prior written authorization by the Owner in the form of an approved Additional Services Proposal is required before the Architect may perform Additional Services. The prior written authorization is a condition to both invoicing and payment for any Additional Services.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
Architect’s Additional Services. Additional Services are not included in Basic Services but The Architect may be required for the Project. The Owner may request and the Architect shall provide Additional Services after execution of this Agreement without invalidating the Agreement. Additional Services requested by the Owner will be confirmed , 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 Section 3.3.
1. Should In the Owner request services that the Architect believes to be outside the scope absence of Basic Servicesmutual agreement in writing, the Architect shall, before performing those services, inform shall notify the Owner in writing prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect’s belief that the services requested are Additional Services, and the Architect shall have no obligation to provide an estimate in writing to the Owner of the probable total of the Additional Service Fees to be incurred in performing the purported additional those services. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. Notwithstanding anything If the Architect believes that such circumstances beyond its control exist, the Architect shall promptly so notify the Owner in writing, stating the reasons for such belief and stating, insofar as can then be determined or estimated, the amount of any adjustment to the contrary in this AgreementArchitect’s compensation or time for performance or both, which may be required. The Owner shall promptly respond in writing to the Architect’s notice, either authorizing the Change in Services in its entirety, or stating that all or a part of such Change is not be responsible authorized. Except in an emergency which significantly threatens life safety, property damage or delay to paythe Project, the Architect shall have no obligation to provide, and the Architect shall not be entitled to receive any additional compensation forfor any services which the Owner states are not authorized.
§ 4.2.1 Upon recognizing the need to perform the following Additional Services, any Additional Services the Architect shall notify the Owner in writing with reasonable promptness and explain the facts and circumstances giving rise to the extent such services are required due to the fault or negligence of the Architect or the Architect's failure to perform in accordance with the terms of this Agreementneed. The Architect shall immediately not proceed to perform any provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in accordance with any written direction from the Owner directing such Additional ServicesInitial Information, pending resolution of any issue as to payment previous instructions or time for such services. Except as otherwise provided herein, prior written authorization approvals given by the Owner Owner, or a material change in the form Project including size, quality, complexity, the Owner’s schedule or budget for Cost of an approved Additional Services Proposal is required before the Architect may perform Additional Services. The prior written authorization is a condition to both invoicing and payment for any Additional Services.Work, or procurement or delivery method;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Architect’s Additional Services. Additional Services are not included in Basic Services but The Architect may be required for the Project. The Owner may request and the Architect shall provide Additional Services after execution of this the Agreement without invalidating the Agreement. Additional Services requested by the Owner will be confirmed , 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 Section 3.3.
1. Should In the Owner request services that the Architect believes to be outside the scope absence of Basic Servicesmutual agreement in writing, the Architect shall, before performing those services, inform shall notify the Owner in writing prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect’s belief that the services requested are Additional Services, and the Architect shall have no obligation to provide an estimate in writing to the Owner of the probable total of the Additional Service Fees to be incurred in performing the purported additional those services. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 3.2 shall entitle the Architect to compensation pursuant to Section 11.3 6.3 and an appropriate adjustment in the Architect’s schedule. Notwithstanding anything If the Architect believes that such circumstances beyond its control exist, the Architect shall promptly so notify the Owner in writing, stating the reasons for such belief and stating, insofar as can then be determined or estimated, the amount of any adjustment to the contrary in this AgreementArchitect’s compensation or time for performance or both, which may be required. The Owner shall promptly respond in writing to the Architect’s notice, either authorizing the Change in Services in its entirety, or stating that all or a part of such Change is not be responsible authorized. Except in an emergency which significantly threatens life safety, property damage or delay to paythe Project, the Architect shall have no obligation to provide, and the Architect shall not be entitled to receive any additional compensation forfor any services which the Owner states are not authorized.
§ 3.2.1 Upon either the Owner or the Architect recognizing the need to perform the following Additional Services, any Additional Services the Architect shall notify the Owner in writing with reasonable promptness and explain the facts and circumstances giving rise to the extent such services are required due to the fault or negligence of the Architect or the Architect's failure to perform in accordance with the terms of this Agreementneed. The Architect shall immediately not proceed to perform (and Owner shall have no liability for the payment of) any Additional Services in accordance with any written direction from the Owner directing such Additional Services, pending resolution of any issue as to payment including without limitation, the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or time for such services. Except as otherwise provided herein, prior written authorization recommendations given by the Owner Construction Manager or Owner, approvals given by the Owner, or a material change in the form of an approved Additional Services Proposal is required before the Architect may perform Additional Services. The prior written authorization is a condition to both invoicing and payment for any Additional Services.Project;
Appears in 1 contract
Samples: Architect's Services Agreement
Architect’s Additional Services. 4.2.1 Prior to providing any services the Architect believes are Additional Services, the Architect shall notify the Owner of such belief in writing and provide a proposed schedule for, and an estimate of, or proposal for, the additional fees and expenses to be incurred as a result of, such services. After receipt of such notice and information, if the Owner authorizes such services as Additional Services are not included in Basic Services but may be required for the Project. The Owner may request and writing, the Architect shall provide such The Architect may provide Additional Services in accordance with the terms and conditions after execution of such authorization and this Agreement without invalidating the Agreement. Additional Services requested by the Owner will be confirmed in writing. Should the Owner request services that the Architect believes to be outside the scope of Basic Services, the Architect shall, before performing those services, inform the Owner in writing of the Architect’s belief that the services requested are Additional Services, and shall provide an estimate in writing to the Owner of the probable total of the Additional Service Fees to be incurred in performing the purported additional services. Except for services required due to the negligence or breach of contract fault of the ArchitectArchitect or any of the Architect Parties, any Additional Services authorized in writing and provided in accordance with this Section 4.2 4.2.1 shall entitle the Architect to compensation pursuant to Section 11.3 11.3, or as otherwise agreed in writing, and an any appropriate agreed adjustment in the Architect’s schedule. Notwithstanding anything to the contrary in this Agreement, The Owner shall not be responsible have no obligation to paypay additional compensation or expenses associated with any such services unless such services are authorized by the Owner in writing pursuant to this Section 4.2.1.
§ 4.2.1 Upon recognizing the need to perform the following Additional Services, and the Architect shall not be entitled to receive compensation for, any Additional Services notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the extent such services are required due to the fault or negligence of the Architect or the Architect's failure to perform in accordance with the terms of this Agreementneed. The Architect shall immediately not proceed to perform any provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in accordance with any written direction from the Owner directing such Additional ServicesInitial Information, pending resolution of any issue as to payment previous instructions or time for such services. Except as otherwise provided herein, prior written authorization approvals given by the Owner Owner, or a material change in the form Project including size, quality, complexity, the Owner’s schedule or budget for Cost of an approved Additional Services Proposal is required before the Architect may perform Additional Services. The prior written authorization is a condition to both invoicing and payment for any Additional Services.Work, or procurement or delivery method;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Architect’s Additional Services. Additional Services are not included in Basic Services but The Architect may be required for the Project. The Owner may request and the Architect shall provide Additional Services after execution of this Agreement Agreement, without invalidating the Agreement. The Architect shall notify the Owner in writing before providing Additional Services requested by unless the Architect and the Owner will be confirmed in writinghave already signed an agreement expressly authorizing the Additional Services. Should If upon receiving any such notice the Owner request services that believes the Architect believes to be outside service at issue is part of the scope of Basic Services, the Architect shall, before performing those services, owner shall so inform the Owner Architect in writing of writing. The Architect shall then perform the Architect’s belief that the services requested are Additional Services, service and shall provide an estimate may pursue a claim as provided for in writing to the Owner of the probable total of the Additional Service Fees to be incurred in performing the purported additional servicesthis Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. Notwithstanding anything Any services that must be provided or re-provided by the Architect due to the contrary fault of the Architect to comply with any requirements of this Agreement shall be provided as Basic Services and not as Additional Services and shall be provided at no additional cost to the Owner.
§ 4.2.1 Upon recognizing the need to perform any Additional Services, the Architect shall notify the Owner with reasonable promptness in this Agreementwriting before starting the Additional Services and explain the facts and circumstances giving rise to the need. Unless such notice is given, Owner the Architect’s claim for the Additional Services shall not be responsible to paywaived. Without limiting the general nature of the forgoing requirements, and the Architect shall not be entitled proceed to receive compensation for, any provide the following Additional Services to until the extent such services are required due to Architect receives the fault Owner’s written authorization: .1 Services necessitated by material change in the Initial Information, a material change in previous instructions or negligence recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Architect Work, constructability considerations, procurement or the Architect's failure delivery method, or bid packages in addition to perform those listed in accordance with the terms of this Agreement. The Architect shall immediately proceed to perform any Additional Services in accordance with any written direction from the Owner directing such Additional Services, pending resolution of any issue as to payment or time for such services. Except as otherwise provided herein, prior written authorization by the Owner in the form of an approved Additional Services Proposal is required before the Architect may perform Additional Services. The prior written authorization is a condition to both invoicing and payment for any Additional Services.Section 1.1.6;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Architect’s Additional Services. Additional Services are not included in Basic Services but The Architect may be required for the Project. The Owner may request and the Architect shall provide Additional Services after execution of this the Agreement without invalidating the Agreement. Additional Services requested by the Owner will be confirmed , 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 Section 3.3.
1. Should In the Owner request services that the Architect believes to be outside the scope absence of Basic Servicesmutual agreement in writing, the Architect shall, before performing those services, inform shall notify the Owner in writing prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect’s belief that the services requested are Additional Services, and the Architect shall have no obligation to provide an estimate in writing to the Owner of the probable total of the Additional Service Fees to be incurred in performing the purported additional those services. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 3.2 shall entitle the Architect to compensation pursuant to Section 11.3 6.3 and an appropriate adjustment in the Architect’s schedule. Notwithstanding anything If the Architect believes that such circumstances beyond its control exist, the Architect shall promptly so notify the Owner in writing, stating the reasons for such belief and stating, insofar as can then be determined or estimated, the amount of any adjustment to the contrary in this AgreementArchitect’s compensation or time for performance or both, which may be required. The Owner shall promptly respond in writing to the Architect’s notice, either authorizing the Change in Services in its entirety, or stating that all or a part of such Change is not be responsible authorized. Except in an emergency which significantly threatens life safety, property damage or delay to paythe Project, the Architect shall have no obligation to provide, and the Architect shall not be entitled to receive any additional compensation forfor any services which the Owner states are not authorized.
§ 3.2.1 Upon recognizing the need to perform the following Additional Services, any Additional Services the Architect shall notify the Owner in writing with reasonable promptness and explain the facts and circumstances giving rise to the extent such services are required due to the fault or negligence of the Architect or the Architect's failure to perform in accordance with the terms of this Agreementneed. The Architect shall immediately not proceed to perform any provide the following Additional Services in accordance with any written direction from the Owner directing such Additional Services, pending resolution of any issue as to payment or time for such services. Except as otherwise provided herein, prior written authorization by the Owner in the form of an approved Additional Services Proposal is required before until the Architect may perform Additional Services. The prior receives the Owner’s written authorization is a condition to both invoicing and payment for any Additional Services.authorization:
Appears in 1 contract
Samples: Architect's Services Agreement