Sharkitecture.NET » Arbitration http://sharkitecture.net Study Guide for the California Supplemental Exam Tue, 27 Jan 2009 21:58:26 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 Your office is involved in a project in which the client has not paid for your services, what would you do? http://sharkitecture.net/2009/01/your-office-is-involved-in-a-project-in-which-the-client-has-not-paid-for-your-services-what-would-you-do/ http://sharkitecture.net/2009/01/your-office-is-involved-in-a-project-in-which-the-client-has-not-paid-for-your-services-what-would-you-do/#comments Sun, 25 Jan 2009 04:44:52 +0000 admin http://sharkitecture.net/?p=208 How would your options and response change depending on the stage of the project?

Regardless of the stage of the project, the first step would be to contact the owner or owner’s representative to discuss the issue and make sure they are aware. If payment is subsequently not made, I would provide written notice that the owner has breached the terms of our contractual agreement and if payment is not received within a specified period (I would need to check the AIA B101 Owner-Architect Agreement to verify the standard period but I believe it would be 7 days) my office will stop working on the project until payment is received. If the project has been permitted but construction has not begun I would consider the use of a California Design Professional’s Lien as a remedy. If construction has begun I would consider the use of a Mechanic’s Lien or Stop Notice to secure payment. In addition to these remedies mediation, arbitration or litigation would also be potential ways of securing payment.

]]> http://sharkitecture.net/2009/01/your-office-is-involved-in-a-project-in-which-the-client-has-not-paid-for-your-services-what-would-you-do/feed/ 0 The GC files a claim against the owner, due to an unstoppable stoppage of work. What is the procedure the architect should follow? http://sharkitecture.net/2009/01/the-gc-files-a-claim-against-the-owner-due-to-an-unstoppable-stoppage-of-work-what-is-the-procedure-the-architect-should-follow/ http://sharkitecture.net/2009/01/the-gc-files-a-claim-against-the-owner-due-to-an-unstoppable-stoppage-of-work-what-is-the-procedure-the-architect-should-follow/#comments Sun, 25 Jan 2009 04:25:26 +0000 admin http://sharkitecture.net/?p=195 Sometimes owners proceed with the contract and the construction prematurely, before having in hand all such essentials as clear title to the land, lessor’s permission, legal rights of way, adequate construction financing, or all necessary governmental approvals. The lack of any of these indispensable elements at the appropriate time could result in a work stoppage. It might take weeks or months to cure the problem. Meanwhile, if the construction had already commenced it would have to be curtailed or stopped.

This situation would require the architect to make a written determination that would become binding on the parties if not appealed to mediation and arbitration within 30 days. (AIA Document A201/14.2.4.) The architect’s determination should be based on a thorough investigation of the facts and circumstances including the viewpoints of both owner and contractor. The opinion should be objective, siding with neither party.

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