Podcast
Questions and Answers
What term does the AIA traditionally use in the titles of its professional services contracts?
What term does the AIA traditionally use in the titles of its professional services contracts?
- Commitment
- Contract
- Arrangement
- Agreement (correct)
Who directed the AIA Contract Documents program during the 1970s?
Who directed the AIA Contract Documents program during the 1970s?
- The AIA’s General Counsel
- An architect and practicing attorney
- Alan Stover (correct)
- The principal author of The American Institute of Architects Official Guide to the 2007 AIA Contract Documents
What is reviewed in Chapter 16 of the handbook?
What is reviewed in Chapter 16 of the handbook?
- Negotiating Agreements
- Risk Management (correct)
- Compensation Techniques
- Project Scope
What is the principal author of The American Institute of Architects Official Guide to the 2007 AIA Contract Documents?
What is the principal author of The American Institute of Architects Official Guide to the 2007 AIA Contract Documents?
What is one reason why architects should consult an attorney about using, completing, or modifying a standard form?
What is one reason why architects should consult an attorney about using, completing, or modifying a standard form?
What is a key advantage of using AIA standard forms for both parties?
What is a key advantage of using AIA standard forms for both parties?
What do AIA standard forms cover?
What do AIA standard forms cover?
What is the importance of clearly defining architectural deliverables?
What is the importance of clearly defining architectural deliverables?
What may happen if there is no agreement on compensation for architectural services?
What may happen if there is no agreement on compensation for architectural services?
What is the duty of an architect under the professional standard of care?
What is the duty of an architect under the professional standard of care?
What do implied terms in a contract refer to?
What do implied terms in a contract refer to?
Why have clients increasingly demanded more specificity in architectural contracts?
Why have clients increasingly demanded more specificity in architectural contracts?
What do Risk Management Strategies (16.1) and Agreements with Owners (17.1) provide further information on?
What do Risk Management Strategies (16.1) and Agreements with Owners (17.1) provide further information on?
In what ways can courts determine reasonable compensation if an agreement is silent on it?
In what ways can courts determine reasonable compensation if an agreement is silent on it?
What do express terms in a contract refer to?
What do express terms in a contract refer to?
What do architectural agreements encompass?
What do architectural agreements encompass?
Why is it important for architects to consider delays caused by external factors?
Why is it important for architects to consider delays caused by external factors?
How do architectural contracts vary depending on specific project requirements?
How do architectural contracts vary depending on specific project requirements?
Which type of agreement should be avoided except for the simplest, shortest, and least costly undertakings on behalf of a known and trusted client?
Which type of agreement should be avoided except for the simplest, shortest, and least costly undertakings on behalf of a known and trusted client?
What did movie mogul Samuel Goldwyn say about verbal agreements?
What did movie mogul Samuel Goldwyn say about verbal agreements?
What is the biggest problem with verbal agreements?
What is the biggest problem with verbal agreements?
What should architects do when working under a verbal contract?
What should architects do when working under a verbal contract?
What does the text recommend to remedy omissions in proposal letters?
What does the text recommend to remedy omissions in proposal letters?
What is considered when a client responds to an architect's proposal with any change in the terms?
What is considered when a client responds to an architect's proposal with any change in the terms?
What should be noted in the contract if a letter agreement is subsequently replaced with a formal written contract?
What should be noted in the contract if a letter agreement is subsequently replaced with a formal written contract?
What happens if a client responds to a proposal by asking the architect to proceed with services as outlined, but without making a firm commitment to the price or other terms or returning a countersigned copy?
What happens if a client responds to a proposal by asking the architect to proceed with services as outlined, but without making a firm commitment to the price or other terms or returning a countersigned copy?
What is the term used to describe the legal ability of the parties to enter into a contract?
What is the term used to describe the legal ability of the parties to enter into a contract?
What is the underlying purpose of a contract in terms of legality?
What is the underlying purpose of a contract in terms of legality?
What is required for a business relationship to be recognized as a contract enforceable by law?
What is required for a business relationship to be recognized as a contract enforceable by law?
What is necessary for consideration in a contract?
What is necessary for consideration in a contract?
What can affect the intent of entering into a binding legal agreement?
What can affect the intent of entering into a binding legal agreement?
What type of contracts are required by law to be in writing under the Statute of Frauds?
What type of contracts are required by law to be in writing under the Statute of Frauds?
What must be defined to create a legally enforceable agreement?
What must be defined to create a legally enforceable agreement?
What affects contracting capacity?
What affects contracting capacity?
What is recognized as legal consideration in a contract?
What is recognized as legal consideration in a contract?
Study Notes
- A contract for architectural services is an enforceable agreement between a client and an architect, signed under the title of "Professional Services Agreement."
- For a business relationship to be recognized as a contract enforceable by law, it must meet certain tests and have clear terms. This is known as the "mutual agreement" or "meeting of the minds."
- A contract requires consideration, meaning there must be an exchange of values between the parties. Mutual promises are recognized as legal consideration.
- Capacity is the legal ability of the parties to enter into a contract. Felony convictions or debarment/suspension by government agencies can affect contracting capacity.
- The underlying purpose of the contract must be legal and not require the performance of an illegal act. An architect must ensure they are licensed to practice in the state or jurisdiction in question.
- The parties must have the mutual intent of entering into a binding legal agreement. Mistakes, misrepresentations, fraud, or undue influence can affect the intent.
- Some contracts are required by law to be in writing under the Statute of Frauds, such as those involving real estate, financial guarantees, or contracts for the transfer of a copyright.
- Essential terms of a contract must be defined to create a legally enforceable agreement. These terms include the services to be provided, time for performance, and the price for those services.
- The complexity of modern design and construction may necessitate a more detailed contract beyond just agreeing to design a client's house.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge of architectural project descriptions by examining the important details such as location, building type, size, quality, cost, and deliverables. This quiz will assess your understanding of how to provide specificity in describing architectural projects.
