Architect’s Status Clause Samples
The 'Architect’s Status' clause defines the role and authority of the architect within a construction contract. It typically establishes the architect as an impartial certifier and decision-maker, responsible for assessing work quality, certifying payments, and resolving certain disputes between the client and contractor. For example, the architect may issue instructions, approve variations, or determine if work meets contractual standards. This clause ensures that there is a knowledgeable, neutral party overseeing the project’s progress and compliance, thereby promoting fairness and clarity in the administration of the contract.
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Architect’s Status. In general and where appropriate and applicable, the Architect shall observe the progress and quality of the work on behalf of the District. The Architect shall have the authority to act on behalf of District only to the extent expressly provided in this Construction Services Agreement. After consultation with the Inspector and after using his/her best efforts to consult with the District, the Architect shall have authority to stop work whenever such stoppage may be necessary in his reasonable opinion to insure the proper execution of the Construction Services Agreement. Contractor further acknowledges that the Architect shall be, in the first instance, the judge of the performance of this Construction Services Agreement
Architect’s Status. 13.1 The Architect will assist the Owner in the general administration of the Agreement between the Contractor and the Owner, acting in any and all of the various capacities assigned in the agreement between the Architect and the Owner and as established by the Contract Documents. The Architect and its representatives shall have access to the Work at all times. The Architect, or the Owner (or its authorized designee) shall have the right to reject all materials furnished and/or Work performed that, in either or both of their judgment, do not meet the requirements of the Contract Documents.
13.2 The Architect may assign a field representative to assist in carrying out the responsibilities of the Architect. The name, duties, responsibilities and limits of authority of the representative may be established at the initial meeting between Owner, Architect and Contractor pursuant to Section 4.2 of the General Conditions.
13.3 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the terms and intent of the Contract Documents.
Architect’s Status a. The Architect shall be an Owner's representative during the construction period and he shall observe the work in process on behalf of the Owner. He is the agent of the Owner only to the extent provided in the Contract and when in special instances he is authorized by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority. He has authority to reject the Work for failure to comply with the Contract Documents.
b. As the Architect is, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance, he shall side neither with the Owner nor with the Contractor, but shall use his authority under the contract to enforce its faithful performance by all.
Architect’s Status. 16.1 The Architect's services and obligations under this Agreement shall be provided in conformity with the standards of care and skill of the architectural profession. Architect will maintain sufficient workforce of trained and skilled professional personnel to complete the services under this Agreement and shall at all times perform services in a manner consistent with the Owner's stated objectives in order to facilitate the timely completion of the Work. The Architect shall not be responsible for the performance of the construction contract(s), work or products, or any defects, deficiencies, or effects resulting from any contractor, subcontractor, manufacturer, supplier, fabricator, consultant retained by the Owner, or any other third party. Nothing in this Agreement shall be construed as giving the Architect the responsibility for or the authority to control, direct, or supervise construction means or methods.
16.2 The Architect's review of shop drawings, product data, samples, and on-site observation of the Work and the installation of the furnishings is to determine if the Contractor's submittals and Work appear to be in conformance with the design concept set forth in the Construction Documents prepared by the Architect. It is understood that the Architect's review shall not be considered to be complete in every detail or exhaustive. Such reviews shall also not relieve any contractor, subcontractor, manufacturer, supplier, fabricator, vendor, consultant, or other third party from responsibility for any deficiencies which may exist or for any departures or deviations from the requirements of the Construction Documents or for the responsibility to coordinate the work or portion of the work of one trade with another. The Architect's actioning of a specific item shall not constitute approval of an assembly of which the item is a component, and the Architect's actioning of a Sample or Samples shall not constitute an approval of that item as delivered and installed if not in conformance with such actioned Sample.
16.3 The Architect's review of and recommendations for payment of contractor or vendor Applications for Payments shall be based on, and limited to, the extent of the Architect's observations of construction and the installation of the interior furnishings and the representations made in the contractor's or vendor's Applications for Payments. The issuance of a recommendation for payment is solely for the benefit of the Owner and shall mean that, b...
Architect’s Status. Architect will interpret Drawings and Specifications, upon request of HFC or Contractor, in order that the requirements of Contract Documents shall be faithfully carried out. Architect has authority only to the extent provided in the Contract Documents and when in special instances is authorized in writing by HFC so to act. Subject to approval by HFC, Architect has authority to recommend the rejection of Work that does not conform to the Contract Documents. Contractor will, at Contractor's expense, remove and replace any materials or Work which is so rejected for non-conformance with the Contract Documents.
Architect’s Status. (a) Architect will interpret Drawings and Specifications, upon request of HFC or Contractor, in order that the requirements of Contract Documents shall be faithfully carried out. Architect has authority only to the extent provided in the Contract Documents and when in special instances is authorized in writing by HFC so to act. Subject to approval by HFC, Architect has authority to recommend the rejection of Work that does not conform to the Contract Documents. Contractor will, at Contractor's expense, remove and replace any materials or Work which is so rejected for non- conformance with the Contract Documents.
(b) Architect will inform HFC whenever in the reasonable opinion of Architect any of the Work is proceeding contrary to the requirements of the Contract Documents and will be unacceptable, if HFC concurs with Architects finding Contractor will be promptly notified. Failure of Contractor to take corrective action to make the Work conform to the Contract Documents will subject Contractor to any and all remedies available to HFC, including, without limitation, termination pursuant to the Contract. Such notification by Architect will not be a cause for Contractor to Claim either delay of the Work or an increase in the Contract Amount. No action by Architect under this Article and no decision made in good faith by Architect either to take or not to take action hereunder will give rise to any duty or responsibility of Architect to Contractor, any Subcontractor, any Subordinate Subcontractor or any other Contractor Parties.