According to the AIA`s comment on AIA document B101-2007, these expenses may include “costs related to the termination of consultant contracts, staff reductions and even termination of office and equipment leases. In addition, the architect`s incentive to enter into the contract, which is profit, is expected to be fully paid for. The commentary contains no legal value between the contracting parties, but provides an overview of what the AIA intended to do with this formality agreement. The owner and the architect can, if they wish, determine the specific termination costs in the agreement. In this way, both parties know what to expect if the architect is fired. The AIA A201-2007 document on general conditions defines the different forms of work created by the architect as “service instruments”. “Service instruments” are defined as “representations, in each medium of expression known or developed later, the work of material and immaterial creation that the architect and the architect`s advisors perform as part of their respective professional service agreements.” This broad definition probably covers all the work products created by the architect. The owner`s rights to use the services are set out in AIA B101-2007, the standard form of the agreement between the owner and the architect. In Section 7.3 of this document, the owner receives a non-exclusive license for the use of construction, maintenance and project modification services. This license allows the owner, contractors and equipment suppliers to order the use of service tools to complete the project.
But what about the owner`s right to use the design? Does the contractor have rights to the architect`s work product? Who can use the design if the architect is licensed by the owner? Can the owner use the design if the owner violates the owner-architect agreement? In this article, we will examine these issues and hopefully shed light on the rights of each party to use the work product produced by the architect. In addition, the architect may terminate the contract if the owner suspends the project for “more than 90 cumulative days for reasons other than the architect`s fault.” In this scenario, the owner may continue to use the license if the owner pays a fee to the architect.