Thursday’s 6pm ET program is titled, “Termination and consultants” You’ll take the first five minutes of class to answer the question alone, but if you would like to get a head-start on that, here is the assignment.
It’s 11 months beyond the agreed-upon CD completion date and the architect hasn’t delivered the agreed-upon package to go out for bid, nor has the architect been responsive to the owner’s efforts to contact her. By contrast, the architect’s MEP consultant has been responsive to the needs of the project. After notifying the architect, in writing, and waiting 14 days for a response that hasn’t arrived, the owner terminates his contract with the architect. The owner would like to hire another architect to complete the project. Which best describes the status of the project?
The owner may hire a second architect to finish the project, and will be able to use the first architect’s DD set, including the work of the first MEP consultant
The owner may hire a second architect to finish the project, and will be able to use the first architect’s DD set, including the work of the first MEP consultant, but the owner pays the consultant a licensing fee as set forth in the AIA C401 contract
Consultants and subconsultants transfer to the owner when the architect is terminated for cause; the MEP will automatically complete the work he started for the first architect, only now will work for the second architect
The owner may hire a second architect to finish the project, and will be able to use the first architect’s DD set, but will not be able to use the work of the first MEP consultant because the consultant owns those drawings, the consultant has been responsive, and therefore the consultant can’t be fired “for cause;” the second architect will need to hire his own, second, MEP consultant
. . . We meet 6pm ET Thursdays in our Zoom link
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