Architect's client pays you directly....

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Author Message David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1850 Registered: 03-2002 Posted on Monday, February 22, 2021 - 07:22 pm:    Does anyone else have projects where the architect's client pays them directly instead of the architect? What are the pros and cons of this procedure? David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Ron Beard Senior Member Username: rm_beard_ccs Post Number: 480 Registered: 10-2002 Posted on Monday, February 22, 2021 - 11:02 pm:    If you do, have a good attorney onboard. The Contract Documents consisting of the dwgs and the specifications are one document like a hand and glove. Their liability is equal and can not be divided. The Architect of Record is legally liable for the entire completed project. As the author of the Project Manual you may be sitting at the deposition table but you will be wearing a completely hat then the Architect of Record. "Fast is good, but accurate is better." .............Wyatt Earp Ron Beard Senior Member Username: rm_beard_ccs Post Number: 481 Registered: 10-2002 Posted on Tuesday, February 23, 2021 - 04:47 am:    Oooooops!!! Looks like I just violated Regeners Rule #47: Last line should be: "...wearing a completely different hat then the Architect of Record." "Fast is good, but accurate is better." .............Wyatt Earp ken hercenberg Senior Member Username: khercenberg Post Number: 1345 Registered: 12-2006 Posted on Tuesday, February 23, 2021 - 10:08 am:    So your contract is with the Architect but payment comes from the Architect's client? If you're dealing with late paying Architects I guess it's a good thing but, as Ron said, check with your attorney to make sure you're not taking on some unforeseen obligation. The Architect is still stamping the documents, right? Not you. RH (Hank) Sweers II RA CSI CCS Senior Member Username: rhsweers2 Post Number: 27 Registered: 08-2005 Posted on Wednesday, February 24, 2021 - 11:58 am:    With an executed "agreement" for services indicating roles and responsibilities - and not agreeing to be "professionally liable" like the Architect, I never care WHO sends me the check, unless it has some embedded weasel language within it - like an indemnity clause not previously agreed to. And Architects are typically slow pay - ask an Engineering consultant! David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1851 Registered: 03-2002 Posted on Wednesday, February 24, 2021 - 01:16 pm:    A problem might arise if the client does not pay me and the architect says, "Not my problem. That issue is between you and the client." David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC ken hercenberg Senior Member Username: khercenberg Post Number: 1346 Registered: 12-2006 Posted on Wednesday, February 24, 2021 - 03:09 pm:    Does your contract stipulate that the owner pays you? I doubt that you can be made to hand over your work if you don't get paid by someone. My guess is that you make it the architect's problem if you don't get paid and they want your work. Ed Storer Senior Member Username: ed_storer Post Number: 72 Registered: 05-2009 Posted on Thursday, February 25, 2021 - 03:21 pm:    That arrangement would make it easier for you to place a lien on the project. Not something I recommend, but I've found that Owners tend to be more inclined than "starving architects" to make payments in a timely manner. I hate the "pay when paid" clause in Architect - Consultant agreements. How do I know when the Architect gets paid? Ed Storer, CSI Member Emeritus Marc Chavez Senior Member Username: mchavez Post Number: 615 Registered: 07-2002 Posted on Thursday, February 25, 2021 - 04:12 pm:    short version of long story....architect told me ... "pay when paid" once and I said "examine the contract you signed." They had used my contract, and I said, "That's ok I wont charge you the interest owed. I just need the principal. Now." they paid. David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1852 Registered: 03-2002 Posted on Thursday, February 25, 2021 - 04:59 pm:    Ed, I am not sure it would be any easier to put a lien on the project than if I was paid (or rather not paid) by the architect. After all, subcontractors can lien projects where they are paid and have a contract with the general contractor not the owner. David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Mark Gilligan SE, Senior Member Username: mark_gilligan Post Number: 948 Registered: 10-2007 Posted on Friday, February 26, 2021 - 05:32 pm:    Architects at times have preferred that engineers and geotechnical engineers in particular are contracted directly by the Owner. Engineers like this since the fees are likely higher and payment is faster. It does not change how the engineer provides his services. Take the money and run. It probably would not hurt that upon receiving the payment from the Owner that you send the architect a notice that you had received a payment from the owner on behalf of the architect with a copy to the project owner. This reiterates your belief that nothing has changed your contractual relationship. There is a difference between who you contract with and how you perform professional services. If you have a contractual obligation to provide construction administration services it does not matter who your contract is with or who pays you. To state that the "Architect of Record is legally liable for the entire completed project" is overly broad. The Architect is responsible for its professional services. The Architect is not responsible for what the contractor does. Robin E. Snyder Senior Member Username: robin Post Number: 814 Registered: 08-2004 Posted on Saturday, February 27, 2021 - 09:57 pm:    If you were engaged by the Architect, the Architect pays. Who is your contract with? Two times in 20 years I allowed myself to be convinced to let the Owner pay me directly and both times was screwed over. Work for the Architect, get paid by the Architect.