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ARTICLE 5 with Paragraph 8.3; or CONSTRUCTION COST .4 operate in revising the Project scope. quality as 5.1 DEFINITION requ to reduce the Constructio ost. 5.1.1 The Construction Cost shall be the total cost or e-ti- 5.2.5 If the Owner uses to pro under Clause 5.2.4.4 mated cost to the Owner of all elements of the Project designed the Architect, without ad ' n large,shall modify the Con tract Documents as recess t mply with the fixed limit, i or specified by the Architect. established as a condi ' of this Ag ent. The modificatio 5.1.2 The Construction,Cost shall include the cost at current of Contract Do ents shall be the lit ' of the Architect' market rates of labor and materials furnished by the Owner and responsibilit • rising out of the establishmen a fixed limit equipment designed, specified, selected or specially provided The Ar ect shall be entitled to compensation in ordanc for by the Architect, plus a reasonable allowance for the Con- w' is Agreement for all services performed whether no tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the V fork during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- RESPONSIBILITY FeReeN9TRtje9rffi0N eesT pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project .2.1 Evaluations of the Owner's Project budget, prelimi ry and, unless otherwise provided, the Architect shall be deemed e imates of Construction Cost and detailed estimates of on- the author of these documents and shall retain all common law, st tion Cost, if any, prepared by the Architect, represe t the statutory and other reserved rights, including the copyright. Arch ect's best judgment as a design professional famil' with The Owner shall be permitted to retain copies,including repro- the c struction industry. It is recognized, however, at nei- ducible copies, of the Architect's Drawings, Specifications and Cher th Architect nor the Owner-has control over a cost of other documents for information and reference in connection labor, m erials or equipment, over the Contracto s methods with the Owner's use and occupancy of the Project. of determ' ing bid prices,or over competitive bi ing,market not be or negotiati conditions. Accordingly, the Ar itect cannot used by er or others on other for additions to and does not arrant or represent that bids or gotiated prices this Project or for co �bein �with ect by others,unless will not vary om the Owner's Project bu et or from any the Architect is ad' tder this Agreement, estimate of Cons ction Cost or evaluation repared or agreed except eement in wppro ompen- to by the Archite OR so the Afehiteet. 5.2.2 No fixed lima of Construction C st shall be established Of di5IFibd1i814 OF Elfttiffleffl9 19 Fiq 221 as a condition of this greement by th furnishing,proposal or egulatory req for sim' in connection establishment of a Pro' ct budget, u ess such fixed limit has ith the Pro' constru Lion in deroga- been agreed upon in w•n 'ng and sig ed by the parties hereto.I such a fixed limit has be establ' hed, the Architect shall be permitted to include con gen tes for design, bidding an price escalation, to deter in w at materials,equipment,com- ponent systems and types of c nstruction are to be included in the Contract Documents, t e reasonable adjustments in ARTICLE 7 the scope of the Project to i clude in the Contract Docu- ARBITRATION ments alternate bids to adj t the C traction Cost to the fixed limit. Fixed limits,if any hall be in eased in the amount of an 7.1 Claims, disputes or other matters in question between the increase in the Contra Sum occurr' after execution of the parties to this Agreement arising out of or relating to this Agree Contract for Constru ion. ment or breach[hereofXe subject to and decided by arbi- 5.2.3 If the Bid or Negotiation Ph as not commenced tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in Documents to t Owner,any Project budg t or fixed limit o effect unless the parties mutually agree otherwise. Construction st shall be adjusted to refle changes in the - °- - - Oi eral level prices in the construction Indus between the 7.2 Demand for arbitration shall be filed in writing with the of su ission of the Construction Docu ents to the `other party to this Agreement and with-the American Arbitra ner an the date on which proposals are sou t. tion Association.A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in 5.2.4 If fixed limit of Construction Cost (adjust d as pro- question has arisen.In no event shall the demand for arbitration vided ' Subparagraph 5.2.3) is exceeded by the low t bona be made after the date when institution of legal or equitable fide b' or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such ed question would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Proje shall include,by consolidation,joinder or in any other manner, an additional person or entity not a party to this Agreement, AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20D06 B141-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.