AIA Document C401-2017 is suitable for use with all types of consultants, including advisory architects. This document can be used with a variety of clearing methods. C401-2017 takes over and integrates by reference an existing owner/architect agreement, known as the “Prime Agreement” and “flows” the provisions of the Prime agreement. Although c401 shorter than C401, C402 is still a robust agreement with sections that offer both the architect and the advisor protection: perimeter definition, each party`s responsibilities, copyright, claims and litigation, termination and compensation. The C402 is suitable for consultants who offer limited volume or specialized services that do not go through all typical design steps, such as consultants.B. consultants who provide renderings, planning services, feasibility studies, specification services, hardware schedules, elevator analysis and safety design. If an architect has to link an advisor to the main agreement or if consultants are involved in a project from conception to construction, C401 is appropriate. The C401 is also intended for consultants who provide the usual and usual mechanical, electrical and structural services or consultants who hire their own sub-advisors. Because projects become more complicated – and if consulting expertise is specialized beyond standard, mechanical and electrical design – not all consultants fit well under the roof of the C401. This applies in particular to consultants who are involved in only one phase of the project or to consultants acting as the direct arm of the architect`s design team, such as.
B a specification recorder or hardware advisor. Agreements for these advisors do not necessarily have to be attached to the terms of the main agreement between the owner and the architect. In such cases, architects should choose C402-2018, the standard form of the agreement between the architect and the advisor for special services. A second possibility, which differs from C402, is how c727 is not tracked in most areas of the agreement. However, with the 2018 update, two sections of C402 were added to a limited stream of the Prime agreement: copyright and licensing, and payment terms. In B101, the architect is required to lower the licensing requirements to all advisors and thus grant the owner a non-exclusive license for the use of the advisor`s service tools for the construction, use, maintenance, modification and addition of the project. The license allows the owner to authorize all others who perform services or construction for the project to reproduce the applicable parts of the performance instruments. To prevent the architect from violating his contract with the owner, C402 lowers this application for a licence to consultants. In this way, advisors also grant a non-exclusive license to the owner to use their services. The payment language has also been updated to be closer to the C401 concept, i.e. payments to the advisor are made immediately after the architect has received payment from the owner.
When selecting the type of contract, it is important to understand all the options and choose the agreement that best meets the requirements and objectives of the project. With the C402, architects now have a third useful tool that they can add to their contract tool belt. For many architects who are introduced into the contracts, B101-2017 is the basic owner-architect agreement and the first tool that an architect should wear in his tool belt contracts.