ahpp 1040-1050 hard

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.