Standard Contract for Specification P...

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Author Message David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1398 Registered: 03-2002 Posted on Wednesday, April 08, 2015 - 04:29 pm:    Is there such thing as a Standard Contract for Specification Preparation? If not, than why not? A few architects client use AIA C401 Standard Form of Agreement between Architect and Consultant, but that agreement is designed for engineering consultants. Maybe it is time for SCIP to put one together. David G. Axt, CCS, CSI, SCIP Specifications Consultant/Web Publisher www.localproductreps.com Dave Metzger Senior Member Username: davemetzger Post Number: 573 Registered: 07-2001 Posted on Wednesday, April 08, 2015 - 05:39 pm:    Try AIA C727 Standard Form of Agreement Between Architect and Consultant for Special Services. Quoting from the AIA website, "The description of services is left entirely to the parties, and must be inserted in the agreement or attached in an exhibit. It is often used for planning, feasibility studies, post-occupancy studies, and other services that require specialized descriptions." Unlike the typical architect/consultant agreements, C727 does not include construction phase services. This document is still the 1992 version, but is still available from the AIA. J. Peter Jordan Senior Member Username: jpjordan Post Number: 817 Registered: 05-2004 Posted on Wednesday, April 08, 2015 - 06:31 pm:    David, why don't you come to the SCIP meeting in St. Louis this year and propose such an action? David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1399 Registered: 03-2002 Posted on Wednesday, April 08, 2015 - 07:57 pm:    "He has the right to criticize, who has a heart to help." -Abraham Lincoln Peter, I am planning to attend the Construct/SCIP meeting in St. Louis and would like to head up the committee to develop a national Standard Form of Agreement between Architect and Specifications Consultant. My goal is to get a standard agreement that is agreeable to AIA, CSI, and SCIP. Consultants, Please send me your contracts (minus fee information) so that I can develop a standard contract. Advice is always welcome. I have been in correspondence with Dean Walker and he has already sent me his contract. Thanks Dean! Thanks, David Axt daxt@pacifier.com David G. Axt, CCS, CSI, SCIP Specifications Consultant/Web Publisher www.localproductreps.com Dave Metzger Senior Member Username: davemetzger Post Number: 574 Registered: 07-2001 Posted on Thursday, April 09, 2015 - 02:35 pm:    The development of contract wording for specifications services has been discussed at SCIP meetings in the past, maybe 15 or 20 years ago. And I don't think it went anywhere. Are there other SCIP members with access to old editions of KnowHow, or with a better memory than I have, who remember this? IMHO, developing a standard agreement that would be accepted by the AIA is unlikely. The AIA already has several agreement forms between architects and consultants that can be modified/customized for multiple types of consulting services. Their documents are developed by the AIA Contract Documents Committee, and I don't see them accepting such a specialized agreement form that is developed by another organization. I think a more fruitful approach would be to develop a checklist, or suggested clauses to add or that are red flags, that SCIP members could use in editing their own contracts with their clients. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1297 Registered: 05-2003 Posted on Thursday, April 09, 2015 - 03:01 pm:    Dave, the best source of Know-How publications would be the author, perhaps Mark Kalin's nose is itching. I like your approach, I know as independent specwriter I am not willing to share my agreement as it is completely tweaked to how I run my business, which is bizarre (my peers tell me this) but works for me. I am the blacksheep, an Architect who is not a member of AIA and writes specifications, go figure. I would not be prone to use an agreement blessed by AIA. Jeffrey Wilson CSI CCS SCIP Senior Member Username: wilsonconsulting Post Number: 173 Registered: 03-2006 Posted on Thursday, April 09, 2015 - 04:09 pm:    I agree w/ Dave completely. A checklist that includes suggested provisions & language could be very useful to specifications consultants. This would likely be far more productive than an attempt to get buy-in from other industry organizations. Jeff Wilson Wilson Consulting Inc Narberth PA Guest (Unregistered Guest) Unregistered guest Posted on Monday, May 04, 2015 - 11:51 pm:    Many E&O insurers have contract guides; while primarily intended for architects and their clients, many subjects also apply to architect sub-consultants. A few subjects I constantly encounter and raise my awareness are 1) indemnity/defense, and 2) pass-through provisions. I almost always ask for sample of A/E-client contract to read what A/E's obligations to their client are...and if some (or all) those same contract provisions are required to pass-through to A/E's subconsultants, which often do. I hate such "blanket" pass-through provisions, but I specifically tailor my consulting contract to "waive"/exclude those pass-through provisions to me. Sometimes A/E-client contract mandates that A/E pass-through said provisions to sub-consultants; obviously, if A/E doesn't then A/E is in breach of their contract.