PJM_C401_Articles Flashcards
(23 cards)
What does Article 1 of the C401 define?
General provisions, including ‘this portion of the project’ and the consultant as an independent contractor.
What is incorporated into the C401 via Article 1.3?
The B101 Owner/Architect Agreement (prime agreement).
What does Article 2 specify about consultant responsibilities?
Consultants must meet the standard of care, coordinate with others, provide schedules, and maintain insurance.
What standard of care are consultants held to?
The same professional skill and care as the architect under B101.
What is the consultant required to do regarding schedules in Article 2?
Submit detailed schedules that align with project milestones.
What does Article 3 cover?
Scope of the consultant’s services, aligned with the phases and standards of the prime agreement.
What is the consultant’s role in RFIs and disputes per Article 3?
Provide interpretations, assist with nonconforming work, and offer recommendations in disputes.
What is discussed in Article 4?
Additional services, referencing the prime agreement and listing examples like public hearings.
What is Article 5 focused on?
Architect’s responsibilities toward the consultant, such as communication and reliance on their work.
Why is the reliance clause in Article 5.8 important?
Allows the architect to rely on the consultant’s accuracy without liability.
What does Article 6 require of the consultant?
To estimate cost of their work and help bring the design back within budget if needed.
What does Article 7 grant to the architect?
A license to use the consultant’s instruments of service and prohibits changes without permission.
What does Article 8 cover?
Claims, disputes, and mutual indemnification between the architect and consultant.
How are disputes resolved per Article 8?
Owner-related disputes follow the prime agreement; other disputes go to mediation, then binding resolution.
What does Article 9 outline?
Termination and suspension procedures, mirroring those in the B101.
What happens if the consultant is terminated without fault?
They may be entitled to a termination fee and a license fee.
What is contained in Article 10?
Miscellaneous legal clauses, including reference to general conditions like A201 or A295.
What does Article 11 describe?
Consultant compensation, including basis for fees and reimbursable expenses.
What does Article 11.6 state?
Consultants are paid only after the architect receives payment from the owner.
What does Article 12 allow?
Special terms and conditions to be added, as long as they don’t conflict with other agreements.
What is the purpose of Article 13?
States that the agreement is the entire agreement governing the relationship.
Why is incorporating the B101 into the C401 important?
It ensures consistent obligations and standards between the architect and consultant.
Which articles in the C401 mirror clauses in B101?
Standard of care, additional services, and dispute resolution.
