ahpp 1040-1050 hard
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What is one reason why architects should consult an attorney about using, completing, or modifying a standard form?

  • To avoid liability for construction delays
  • To negotiate better payment terms with clients
  • To understand the variation in statutory and case law among jurisdictions (correct)
  • To ensure compliance with international building codes

    • What is one advantage of using AIA standard forms for both parties?

  • Limiting the architect's responsibilities in case of design errors
  • Describing the services typically provided by the architect in detail (correct)
  • Automatically extending the project timeline without penalties
  • Guaranteeing lower construction costs for the client

    • What do AIA standard forms cover?

  • Legal requirements specific to a single jurisdiction
  • Tax implications for architectural services
  • Environmental impact assessments for construction projects
  • Situations, conditions, and contingencies most frequently encountered (correct)

    • What term does the AIA traditionally use in the titles of its professional services contracts?

    <p>Agreement</p> Signup and view all the answers

    Who directed the AIA Contract Documents program during the 1970s?

    <p>Alan B. Stover</p> Signup and view all the answers

    What is the principal author of The American Institute of Architects Official Guide to the 2007 AIA Contract Documents known for?

    <p>Being an architect and practicing attorney</p> Signup and view all the answers

    What does the architect's agreement with the client establish?

    <p>Conditions under which services will be rendered</p> Signup and view all the answers

    Which type of agreements are not recommended for complex, long-term, or high-value projects?

    <p>Oral agreements</p> Signup and view all the answers

    What did Samuel Goldwyn's famous quote highlight about verbal agreements?

    <p>Their lack of reliability</p> Signup and view all the answers

    Which type of agreements are sometimes used to confirm a prior verbal agreement but may leave important details unspecified?

    <p>Letter agreements</p> Signup and view all the answers

    What does the AIA Document Program provide for architects?

    <p>A means to create self-executing proposals</p> Signup and view all the answers

    What is recommended for architectural projects as they provide a clear and complete expression of the parties' agreement?

    <p>Formal written contracts</p> Signup and view all the answers

    What has AIA been publishing since 1917, with various forms addressing specific ranges of circumstances?

    <p>Standard forms of agreement for architectural services</p> Signup and view all the answers

    What should architects be aware of when drafting and signing contracts?

    <p>Differences in state and local laws</p> Signup and view all the answers

    What do some state laws require certain types of agreements to be in?

    <p>Writing</p> Signup and view all the answers

    What is the potential problem with letter agreements?

    <p>Leaving important details unspecified</p> Signup and view all the answers

    Which type of agreements are subject to rejection and counteroffers due to lacking 'boilerplate' terms and conditions?

    <p>Proposal letters</p> Signup and view all the answers

    What is the potential risk associated with oral agreements in case of a dispute?

    <p>Proving the agreed-upon terms</p> Signup and view all the answers

    What is an essential term of any architectural contract?

    <p>Compensation</p> Signup and view all the answers

    What may courts imply if the time of performance is not explicitly stated in a contract?

    <p>Reasonable time for performance</p> Signup and view all the answers

    What is the architect's duty under the professional standard of care?

    <p>Comply with building code and produce adequate construction documents</p> Signup and view all the answers

    What have cases held regarding architects' services?

    <p>Architects implicitly warrant that their services are performed in accordance with the professional standard of care</p> Signup and view all the answers

    What have clients increasingly demanded in architectural contracts?

    <p>More specificity, including express terms that may impose a higher standard of care</p> Signup and view all the answers

    What do Risk Management Strategies (16.1) and Agreements with Owners (17.1) provide?

    <p>Further information on managing risks and creating contracts in architecture practice</p> Signup and view all the answers

    In what ways can architectural agreements be formed?

    <p>Design-Bid-Build, Design-Build, Construction Management at Risk, and Integrated Project Delivery</p> Signup and view all the answers

    What may vary depending on the type of agreement and specific project requirements?

    <p>The architect's role, responsibilities, and liabilities</p> Signup and view all the answers

    What must be clearly defined to ensure a successful project?

    <p>Deliverables</p> Signup and view all the answers

    What are express terms of a contract?

    <p>Those specifically agreed upon, either verbally or in writing</p> Signup and view all the answers

    What are implied terms in a contract based on?

    <p>Parties' obligations and the professional standard of care</p> Signup and view all the answers

    What is the legal term for the legal ability of the parties to enter into a contract?

    <p>Capacity</p> Signup and view all the answers

    Which type of agreements are required by law to be in writing under the Statute of Frauds?

    <p>Agreements involving real estate</p> Signup and view all the answers

    What must be clearly defined to create a legally enforceable agreement?

    <p>Essential terms</p> Signup and view all the answers

    What is recognized as legal consideration in a contract?

    <p>$1 promise for another promise</p> Signup and view all the answers

    What affects the mutual intent of entering into a binding legal agreement?

    <p>Mistakes</p> Signup and view all the answers

    What is the underlying purpose of a legally enforceable contract?

    <p>To ensure clear terms and mutual agreement</p> Signup and view all the answers

    What may necessitate a more detailed contract beyond just agreeing to design a client's house?

    <p>Scope creep in projects</p> Signup and view all the answers

    What can affect contracting capacity?

    <p>Felony convictions</p> Signup and view all the answers

    What do some state laws require certain types of agreements to be in?

    <p>Written format only</p> Signup and view all the answers

    What do mutual promises represent in a contract?

    <p>Legal consideration</p> Signup and view all the answers

    What must an architect ensure regarding the underlying purpose of the contract?

    <p>That it is not illegal and requires licensed practice in the state or jurisdiction in question.</p> Signup and view all the answers

    Study Notes

    • The project's location, type, size, quality, and estimated cost are important factors to consider when defining architectural services and deliverables.

    • Services provided by the architect are intangible and abstract, but the deliverables should be clearly defined to ensure a successful project.

    • The architect should make it clear that they are providing services, not just drawings.

    • Compensation for architectural services is an essential term of any contract. A lack of agreement on compensation can lead to contract failures.

    • If the agreement is silent on compensation, a court may determine reasonable compensation based on previous payments, the architect's normal charges, or the community's standards.

    • The time of performance is an essential term of any contract. Courts may imply a reasonable time for performance, but the architect must consider delays caused by external factors.

    • Express terms of a contract are those specifically agreed upon, either verbally or in writing. Courts require certain undertakings to be express, such as an agreement to indemnify.

    • Implied terms are not specifically mentioned in the contract but can be inferred based on the parties' obligations and the professional standard of care.

    • Under the professional standard of care, the architect has a duty to comply with the building code and produce adequate construction documents.

    • Cases have held that architects implicitly warrant that their services are performed in accordance with the professional standard of care.

    • Clients have increasingly demanded more specificity in architectural contracts, including express terms that may impose a higher standard of care.

    • The AIA agreement forms now include a statement of standard of care consistent with the law.

    • Risk Management Strategies (16.1) and Agreements with Owners (17.1) provide further information on managing risks and creating contracts in architecture practice.

    • Architectural agreements can take many forms, including Design-Bid-Build, Design-Build, Construction Management at Risk, and Integrated Project Delivery.

    • The architect's role, responsibilities, and liabilities may vary depending on the type of agreement and the specific project requirements.

    • 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.

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    Related Documents

    Agreements and AIA Document Program PDF

    Description

    Test your knowledge on providing specific details for architectural projects, including location, building type, size, quality, and estimated cost, as well as defining intangible services and deliverables. This quiz will help you understand the importance of clarity in architectural project descriptions.

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