| Author |
Message |
Anonymous
| | Posted on Wednesday, August 08, 2007 - 06:29 am: |    |
Does anyone know of a standard form of agreement that would work for a spec consultant. Or maybe someone would like to share what they use. |
Dave Metzger
Senior Member
Username: davemetzger
Post Number: 214
Registered: 07-2001
| | Posted on Wednesday, August 08, 2007 - 09:05 am: | |
I am not aware of a standard agreement specifically for specification consultants. We like to use AIA C727 Standard Form of Agreement Between Architect and Consultant for Special Services. |
Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec
Post Number: 415
Registered: 05-2003
| | Posted on Wednesday, August 08, 2007 - 01:06 pm: | |
Anonymous - I don't know many spec writers who would share their contract agreements with indviduals who post as anonymous. What's with the mystery? |
David Axt, AIA, CCS, CSI
Senior Member
Username: david_axt
Post Number: 882
Registered: 03-2002
| | Posted on Wednesday, August 08, 2007 - 04:40 pm: | |
Wasn't SCIP working on one? Seems that I remember that it was a modified AIA architect/consultant agreement. |
Anonymous
| | Posted on Wednesday, August 08, 2007 - 08:40 pm: | |
Beware of using AIA Doc...unless you like the pay-when-paid clause...along with some other provisions that might not be ideal from consultant POV.
You really need to get friendly with your attorney...that specializes in serving design professionals...they can help with the legal aspects, but you probably should research some E&O websites; they have some, what I think, is "wise" information to write (or not write) into Arch-Owner agreements, but those same principles similarly apply to Arch-Consul agreements too. If you are an AIA member, there are member-only resources (articles) about claims, liability, etc. that are helpful. You also need to know what employment regs apply in your state; in Calif., it is highly prudent to state in your agreement that you are an independent contractor. Depending on your E&O underwriter, they may provide as a service, review of your agreement; although, only from the standpoint of claims against the policy, but that in effect helps protect at least that aspect of your agreement. (Premium does provide something other than shear insurance coverage...in some cases.)
As you can see, there are several aspects of a contract that need review by different entities (lawyer, insur broker/underwriter, and probably accountant/employment adviser...all with experience in design field).
Another (not original) Anon |
Anonymous
| | Posted on Thursday, August 09, 2007 - 07:09 am: | |
Good point Jerome. No mystery, I'm new to the forum and just never registered. I just registered and waiting to hear back.
Soon I will be opening my office as a specification consultant and trying to get a jump start on contracts and the admin. stuff.
I'm working with the AIA Agreements, but they need a great amount of modifying to work. |
Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec
Post Number: 416
Registered: 05-2003
| | Posted on Thursday, August 09, 2007 - 09:18 am: | |
Anonymous
Send me an email, I'd like to talk to you, I've had success with my agreements, and may share, I'm very careful about doing so, as my agreement is very unique, took many years to develop, and changes/morphs on every job, but has kept me out of trouble, esp considering I've done over 100 condominium projects, mostly highrise without one lawsuit. It is only for private sector work, never tried it in the public sector. Occasionally I share it with my friends, the last one begged me to allow him to copy it, I did, he owes me his first born son or daughter for future slave labor. ....lazarcitec@msn.com |
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