The Architect Isn’t a Party to the Owner/Contractor Agreement, But is Involved in the Construction Phase. How Does That Work?

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/25131-general-conditions-of-the-contract-for-construction"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/25141-owner-architect-agreement"]],["u"],["strong"],["i"]],"sections":[[1,"p",[[0,[],0,"July 28, 2022"]]],[1,"p",[[0,[],0,"At some point in your\ncareer in the construction industry, you have probably come across this issue: the\nconstruction administration (CA) phase of a project is partly described in the\nagreement between the owner and the contractor (A201-2017) and the architect is\nnot a party to that agreement. So, how can an architect provide CA phase\nservices that are largely described in an agreement to which they are not a\nparty? Let\u2019s figure it out."]]],[1,"p",[[0,[0],1,"A201-\n2017 "],[0,[],0," is part of an agreement\nbetween an owner and a contractor; the architect is not a party. Articles 3 and\n4 of the A201-2017 generally set forth the construction phase activities that might\noccur on the project and even describe some of the services that the architect\nwill perform, such as payment application reviews and site visits. But, if the\narchitect isn\u2019t a party to the A201-2017, then how are they bound by these\nterms? The answer is found in their agreement with the owner: B101-2017."]]],[1,"p",[[0,[],0,"In "],[0,[1],1,"B101-\n2017 "],[0,[],0,",\nArticle 3 sets forth all the different phases of services for which the\narchitect is hired. Section 3.6 deals specifically with \u201cConstruction Phase\nServices,\u201d and states that the \u201cArchitect shall provide administration of the\nContractor between the Owner and the Contractor as set forth below "],[0,[2],1,"and in\nAIA Document A201-2017"],[0,[],0,"\u2026\u201d (Section 3.6.1.1). So, even though the architect\nis not a party to the A201, their agreement with the owner (the B101) requires\nthe architect to provide those CA phase services set forth in the A201."]]],[1,"p",[[0,[],0,"By way of analogy,\nconsider a project schedule. A project schedule is not an \u201cagreement.\u201d However,\nthe parties\u2019 agreements may require them to adhere to the project schedule. For\nexample, Section 3.10.3 of A201-2017 states that the \u201cContractor shall perform\nthe Work in general accordance with the most recent schedules submitted to the\nOwner and Architect.\u201d In the same way, even though not all CA phase activities\nare set forth in the architect\u2019s agreement with the owner, the architect may be\nrequired to perform certain CA phase services due to other language in its\nagreement."]]],[1,"p",[[0,[3,4],2,"AIA Contract Documents has provided this\narticle for general informational purposes only. The information provided is\nnot legal opinion or legal advice and does not create an attorney-client\nrelationship of any kind. This article is also not intended to provide guidance\nas to how project parties should interpret their specific contracts or resolve\ncontract disputes, as those decisions will need to be made in consultation with\nlegal counsel, insurance counsel, and other professionals, and based upon a\nmultitude of factors. "]]]]}