Provisions in B101-2007
Are there certain provisions in the Owner Architect Agreement, B101-2007, that CAN NOT be removed by the Owner or Architect? I have been listening to the Schiff Harden lectures, and he mentions certain provisions that the Architect chooses to strikeout. For example, a provision stating the Architect will commit to sustainability in the project. I am wondering which provisions are mandated to remain and can not be removed per the Architect or Owner's discretion. Or, alternatively, can any of them be removed?
Thanks!
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Hello Emily ~
First, my backgrounder: graduate of Masters degree in Architecture in 2006, and am finally sitting again for the new 5.0. I noticed that no one has participated in your question here; so I decided to reach out to share in this thread in hopes that it might get answered professionally. Here are my thoughts, as follows:
It is my humble opinion, that in the "Schiff Hardin" lectures, since the AIA documents get updated every 7-years, here are (2) of the major differences/additions between the 1997 and 2007; of which are now the need to discuss "sustainability", and "supplemental" services:
Since "supplemental" services have been added to help ARCH illustrate his/her expanded services, AIA/NCARB are encouraging ARCH's to discuss what used to be "additional" services; and now discussing them EARLY on with owner as "supplemental". And since "sustainability" efforts and research should always be discussed; if chosen, now can be entered as "supplemental" services, of which will increase ARCH's fees.
In this manner, "striking-it-out" is necessary to prove that both ARCH/OWNER have in fact discussed "saving the earth" so-to-speak; hence, other than this, I would presume that the ARCH can "Strike-out" any item he/she/owner doesn't agree upon in the document.
To conclude, I have not heard of any such question similar to this which you have posed on this forum here; however, great question, as I truly hope someone can further our knowledge for professional practice purposes, as curious minds now want to know. Thank you!
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Thank you for the response, Paul! I also presumed that the Arch can "strike-out" any item both parties do not agree with.
However, I came across certain clauses that seem like they should not have the option to be struck out, such as the Architect committing to having the required insurance (automobile, commercial general, etd). However, I guess it makes sense that if a clause is removed with the consent of both parties, they are both taking the risk, no matter how crucial the clause may seem.
I haven't been able to find the answer on this forum either, so I may just go with your answer since it's starting to make sense to me.
Thanks!
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Any item can be modified or removed as long as both parties agree. The AIA document is just a template and a starting point. Both parties can negotiate and modify terms and conditions based on the AIA template.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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BOOM, there you go Emily. Gang Chen, I am super honored for your input, and have a vital decision to make "yesterday". Aware of your position, and your success with the many books I have already purchased, here is my question to you Sir:
In your mock-exam books, you state: "if you get a 60%, you WILL PASS"! Keep in mind, I have already been mastering mockups PcM & PjM with above 60% scores; and am fully ready for CE to be taken 7/23, and now I want more information regarding CE mockups.
Q:/ Aware that you are not obligated to make this a promise, I just received an 82% on CE with my second mock exam...would you personally recommend me purchasing the BALLAST BUNDLE package at this point?
Thank you for your time and consideration Mr. Chen!
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It is a personal decision. If you still have plenty of time before your exam, then you can probably buy and do more mock exams.
If your exam is coming up very soon, I suggest you just focus on understanding and mastering the materials, and look back at the mock exams that you have already done, especially the questions you have not answered correctly because many people tend to make the same mistakes again and again.
There is no end to mock exam questions, but the content and scope of the exams is limited. If you understand and master the content that NCARB wants you to learn, then no matter how the formats of the exams or questions change, you will pass.
Do keep one set of mock exam that you have not done before, and do it may be one week before the real exam, this will help you find the areas that you might have missed, and help to wake you up and focus against on the exam.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Thank you Mr. Chen. I have mastered your CE book, and even though my CE exam is in 10-days, since I cannot find more "mock-exams" on CE, I am mastering your PjM & PcM since they are scheduled for August.
You say: "there is no end to mock exam questions."...SO WHERE do I find MORE for CE? Thank you!
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AIA documents are a good template and a good starting point, owners and architects do modify the provisions of the AIA documents, and the modifications are shown as strike-out.
Most people in the industry are already very familiar with the AIA documents, and just need to review the modified portions, this is a great advantage of using AIA documents, and can save time for all parties.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Paul,
I was trying to respond to your question, but the message got buried in so many other messages, and I could not find it until it was pushed up by another post today.
You can find many mock exams on Amazon.com or any other websites. You only had 10 days left, I’d focus on review to mistakes that you have made if I were you, instead of trying to do more mock exams.
Good luck in your exam, and I hope you pass.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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