This is a standard form of agreement between Owner and Architect that I found on the internet somewhere during my research.  It turned out to be very similar to what my architect actually sent me…

It is important to remember that each contract is a relationship negotiated by the participants…  You can change terms, even those in this “standard” architectural agreement. For instance, I didn’t like the lines about “Owner’s use solely wrt this project” or “Upon completion… the Owner’s right… shall cease”, so I had those parts removed and added explicit language saying I could use the designs in publications, websites, video or any other means I wanted.

My architect said that if this story ever gets made into a movie, he wanted to be played by Daniel Craig, but we didn’t put that in the contract.  😉

Standard Form of Agreement

Between Owner and Architect

————————————————————————–

AGREEMENT

#Date#

BETWEEN the Owner:

(Name and address)

and the Architect:

(Name and address)

For the following Project:

(Include detailed description of Project, location, address and scope.)

The Owner and Architect agree as set forth below.

      TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT

ARTICLE 1

———

ARCHITECT’S RESPONSIBILITIES

1.1 ARCHITECT’S SERVICES

1.1.1 The Architect’s services consist of those services performed by

the Architect, Architect’s employees and Architect’s consultants as

enumerated in Articles 2 and 3 of this Agreement and any other services

included in Article 12.

1.1.2 The Architect’s services shall be performed as expeditiously as is

consistent with professional skill and care and the orderly progress of the

Work.  Upon request of the owner, the Architect shall submit for the Owner’s

approval a schedule for the performance of the Architect’s services which

may be adjusted as the Project proceeds, and shall include allowances for

periods of time required for the Owner’s review and for approval of

submissions by authorities having jurisdiction over the Project.  Time

limits established by this schedule approved by the owner shall not, except

for reasonable cause, be exceeded by the Architect or Owner.

1.1.3 The services covered by this Agreement are subject to the time

limitations contained in Subparagraph 11.5.1.

ARTICLE 2

———-

SCOPE OF ARCHITECT’S BASIC SERVICES

2.1 DEFINITION

2.1.1 The Architect’s Basic Services consist of those described in

Paragraphs 2.2 through 2.6 and any other services identified in Article 12

as part of Basic Services, and include normal structural, mechanical and

electrical engineering services.

2.2 SCHEMATIC DESIGN PHASE

2.2.1 The Architect shall review the program furnished by the Owner to

ascertain the requirements of the Project and shall arrive at a mutual

understanding of such requirements with the Owner.

2.2.2 The Architect shall provide a preliminary evaluation of the Owner’s

program, schedule and construction budget requirements, each in terms of the

other, subject to the limitations set forth in Subparagraph 5.2.1.

2.2.3 The Architect shall review with the Owner alternative approaches to

design and construction of the Project.

2.2.4 Based on the mutually agreed-upon program, schedule and construction

budget requirements, the Architect shall prepare, for approval by the Owner,

Schematic Design Documents consisting of drawings and other documents

illustrating the scale and relationship of Project components.

2.2.5 The Architect shall submit to the Owner a preliminary estimate of

Construction Cost based on current area, blouse or other unit costs.

2.3 DESIGN DEVELOPMENT PHASE

2.3.1 Based on the approved Schematic Design Documents and any adjustments

authorized by the Owner in the program, schedule or construction budget, the

Architect shall prepare, for approval by the Owner, Design Development

Documents consisting of drawings and other documents to fix and describe the

size and character of the Project as to architectural, structural, mechanical

and electrical systems, materials and such other elements as may be

appropriate.

2.3.2 The Architect shall advise the Owner of any adjustments to the

preliminary estimate of Construction Cost.

2.4 CONSTRUCTION DOCUMENTS PHASE

2.4.1 Based on the approved Design Development Documents and any further

adjustments in the scope or quality of the Project of in the construction

budget authorized by the Owner, the Architect shall prepare, for approval by

the Owner, Construction Documents consisting of Drawings and Specifications

setting forth in detail the requirements for the construction of the Project.

2.4.2 The Architect shall assist the Owner in the preparation of the necessary

bidding information, bidding forms, the Conditions of the Contract, and the

form of Agreement between the Owner and Contractor.

2.4.3 The Architect shall advise the Owner of any adjustments to previous

preliminary estimates of Construction Cost indicated by changes in

requirements or general market conditions.

2.4.4 The Architect shall assist the Owner in connection with the Owner’s

responsibility for filing documents required for the approval of governmental

authorities having jurisdiction over the Project.

2.5 BIDDING OR NEGOTIATION PHASE

2.5.1 The Architect, following the Owner’s approval of the Construction

Documents and of the latest preliminary estimate of Construction Cost, shall

assist the Owner in obtaining bids or negotiated proposals and assist in

awarding and preparing contracts for construction.

2.6 CONSTRUCTION PHASE–ADMINISTRATION OF THE CONSTRUCTION CONTRACT

2.6.1 The Architect’s responsibility to provide Basic Services for the

Construction Phase under this Agreement commences with the award of the

Contract for Construction and terminates at the earlier of the issuance to

the Owner of the final Certificate for Payment or 60 days after the date of

Substantial Completion of the Work.

2.6.2 The Architect shall provide administration of the Contract for

Construction as set forth below and in the edition of AIA Document A201,

General Conditions of the Contract for Construction, current as of the date

of this Agreement, unless otherwise provided in this Agreement.

2.6.3 Duties, responsibilities and limitations of authority of the Architect

shall not be restricted, modified or extended without written agreement of

the Owner and Architect with consent of the Contractor, which consent shall

not be unreasonably withheld.

2.6.4 The Architect shall be a representative of and shall advise and

consult with the Owner (1) during construction until final payment to the

Contractor is due, and (2) as an Additional Service at the Owner’s direction

from time to time during the correction period described in the Contract for

Construction.  The Architect shall have authority to act on behalf of the

Owner only to the extent provided in this Agreement unless otherwise

modified by written instrument.

2.6.5 The Architect shall visit the site at intervals appropriate to the

stage of construction or as otherwise agreed by the Owner and Architect in

writing to become generally familiar with the progress and quality of the Work

completed and to determine in general if the Work is being performed in a

manner indicating that the Work when completed will be in accordance with the

Contract Documents.  However, the Architect shall not be required to make

exhaustive or continuous on-site inspections to check the quality or quantity

of the Work.  On the basis of on-site observations as an architect, the

Architect shall keep the Owner informed of the progress and quality of the

Work, and shall endeavor to guard the Owner against defects and deficiencies

in the Work. (More extensive site representation may be agreed to as an

Additional Service, as described in Paragraph 3.2.)

2.6.6 The Architect shall not have control over or charge of and shall not be

responsible for construction means, methods, techniques, sequences or

procedures, or for safety precautions and programs in connection with the

Work, since these are solely the Contractor’s responsibility under the

Contract for Construction.  The Architect shall not be responsible for the

Contractor’s schedules or failure to carry out the Work in accordance with

the Contract Documents.  The Architect shall not have control over or charge

of acts or omissions of the Contractor, Subcontractors, or their agents or

employees, or of any other persons performing portions of the Work.

2.6.7 The Architect shall at all times have access to the Work wherever it

is in preparation or progress.

2.6.8 Except as may otherwise be provided in the Contract Documents or when

direct communications have been specially authorized, the Owner and

Contractor shall communicate through the Architect.  Communications by and

with the Architect’s consultants shall be through the Architect.

2.6.9 Based on the Architect’s observations and evaluations of the

Contractor’s Applications for Payment, the Architect shall review and certify

the amounts due the Contractor.

2.6.10 The Architect’s certification for payment shall constitute a

representation to the Owner, based on the Architect’s observations at the

site as provided in Subparagraph 2.6.5 and on the data comprising the

Contractor’s Application for Payment, that the Work has progressed to the

point indicated and that, to the best of the Architect’s knowledge,

information and belief, quality of the Work is in accordance with the

Contract Documents.  The foregoing representations are subject to an

evaluation of the Work for conformance with the Contract Documents upon

Substantial Completion, to results of subsequent tests and inspections, to

minor deviations from the Contract Documents correctable prior to completion

and to specific qualifications expressed by the Architect.  The issuance of a

Certificate for Payment shall further constitute a representation that the

Contractor is entitled to payment in the amount certified.  However, the

issuance of a Certificate for Payment shall not be a representation that the

Architect has (1) made exhaustive or continuous on-site inspections to check

the quality or quantity of the Work, (2) reviewed construction means,

methods, techniques, sequences or procedures, (3) reviewed copies of

requisitions received from Subcontractors and material suppliers and other

data requested by the Owner to substantiate the Contractor’s right to

payment or (4) ascertained how or for what purpose the Contractor has used

money previously paid on account of the Contract Sum.

2.6.11 The Architect shall have authority to reject Work which does not

conform to the Contract Documents. Whenever the Architect considers it

necessary or advisable for implementation of the intent of the Contract

Documents, the Architect will have authority to require additional

inspection or testing of the Work in accordance with the provisions of the

Contract Documents, whether or not such Work is fabricated, installed or

completed. However, neither this authority of the Architect nor a decision

made in good faith either to exercise or not to exercise such authority

shall give rise

to a duty or responsibility of the Architect to the Contractor,

Subcontractors, material and equipment suppliers, their agents or employees

or other persons performing portions of the Work.

2.6.12 The Architect shall review and approve or take other appropriate

action upon all Contractor’s submittals such as Shop Drawings, Product Data

and Samples, but only for the limited purpose of checking for conformance

with information given and the design concept expressed in the Contract

Documents. The Architect’s action shall be taken with such reasonable

promptness as to cause no delay in the Work or in the construction of the

Owner or of separate contractors, while allowing sufficient time in the

Architect’s professional judgment to permit adequate review.  Review of such

submittals is not conducted for the purpose of determining the accuracy and

completeness of other details such as dimensions and quantities or for

substantiating instructions for installation or performance of equipment or

systems designed by the Contractor, all of which remain the responsibility of

the Contractor, to the extent required by the Contract Documents.  The

Architect’s review shall not constitute approval of safety precautions or,

unless otherwise specifically stated by the Architect, of construction means,

methods, techniques, sequences or procedures.  The Architect’s approval of a

specific item shall not indicate approval of an assembly of which the item is

a component.  When professional certification of performance characteristics

of materials, systems or equipment is required by the Contract Documents,

the Architect shall be entitled to rely upon such certification to

establish that the materials, systems or equipment will meet the performance

criteria required by the Contract Documents.

2.6.13 The Architect shall prepare Change Orders and Construction Change

Directives, with supporting documentation and data if deemed necessary by

the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner’s

approval and execution in accordance with the Contract Documents, and may

authorize minor changes in the Work not involving an adjustment in the

Contract Sum or an extension of the Contract Time which are not

inconsistent with the intent of the Contract Documents and or the intended

functional use of the Facilities.

2.6.14 The Architect shall conduct inspections to determine the date or

dates of Substantial Completion and the date of final completion, shall

receive and forward to the Owner for the Owner’s review and records written

warranties and related documents required by the Contract Documents and

assembled by the Contractor, and shall issue a final Certificate for payment

upon compliance with the requirements of the Contract Documents.

2.6.15 The Architect shall interpret and decide matters concerning

performance of the Owner and Contractor under the requirements of the

Contract Documents on written request of either the Owner or Contractor.

The Architect’s response to such requests shall be made with reasonable

promptness and within any time limits agreed upon.

2.6.16 Interpretations and decisions of the Architect shall be consistent

with the intent of and reasonably inferable from the Contract Documents and

shall be in writing or in the form of drawings.  When making such

interpretations and initial decisions, the Architect shall endeavor to

secure faithful performance by both Owner and Contractor, shall not show

partiality to either, and shall not be liable for results of interpretations

or decisions so rendered in good faith.

2.6.17 The Architect’s decisions on matters relating to aesthetic effect

shall be final if consistent with the intent expressed in the Contract

Documents.

2.6.18 The Architect shall render written decisions within a reasonable time

on all claims, disputes or other matters in question between the Owner and

Contractor relating to the execution or progress of the Work as provided in

the Contract Documents.

ARTICLE 3

———

ADDITIONAL SERVICES

3.1 GENERAL

3.1.1 The services described in this Article 3 are not included in Basic

Services unless so identified in Article 12, and they shall be paid for by

the Owner as provided in this Agreement, in addition to the compensation for

Basic Services.  The services described under Paragraphs 3.2 and 3.4 shall

only be provided if authorized or confirmed in writing by the Owner.  If

services described under Contingent Additional Services in Paragraph 3.3 are

required due to circumstances beyond the Architect’s control, the Architect

shall notify the Owner prior to commencing such services.  If the Owner deems

that such services described under Paragraph 3.3 are not required, the

Owner shall give prompt written notice to the Architect.  If the Owner

indicates in writing that all or part of such Contingent Additional

Services are not required, the Architect shall have no obligation to

provide those services.

3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES

3.2.1 If more extensive representation at the site than is described in

Subparagraph 2.6.5 is required, the Architect shall provide one or more

Project Representatives to assist in carrying out such additional on-site

responsibilities.

3.2.2 Project Representatives shall be selected, employed and directed by

the Architect, and the Architect shall be compensated therefor as agreed by

the Owner and Architect.  The duties, responsibilities and limitations of

authority of Project Representatives shall be as described in the edition

ofAIA Document B352 current as of the date of this Agreement, unless

otherwise agreed.

3.2.3 Through the observations by such Project Representatives, the

Architect shall endeavor to provide further protection for the Owner

against defects and deficiencies in the Work, but the furnishing of such

project representation shall not modify the rights, responsibilities or

obligations of the Architect as described elsewhere in this Agreement.

3.3 CONTINGENT ADDITIONAL SERVICES

3.3.1 Making revisions in Drawings, Specifications or other documents when

such revisions are:

.1 inconsistent with approvals or instructions previously given by the

owner, including revisions made necessary by adjustments in the Owner’s

program or Project budget;

.2 required by the enactment or revision of codes, laws or regulations

subsequent to the preparation of such documents; or

.3 due to changes required as a result of the Owner’s failure to render

decisions in a timely manner.

3.3.2 Providing services required because of significant changes in the

Project including, but not limited to, size, quality, complexity, the

Owner’s schedule, or the method of bidding or negotiating and contracting

for construction, except for services required under Subparagraph 5.2.5.

3.3.3 Preparing Drawings, Specifications and other documentation and

supporting data, evaluating Contractor’s proposals, and providing other

services in connection with Change Orders and Construction Change

Directives.

3.3.4 Providing services in connection with evaluating substitutions

proposed by the Contractor and making subsequent revisions to Drawings,

Specifications and other documentation resulting therefrom.

3.3.5 Providing consultation concerning replacement of Work damaged by fire

or other cause during construction, and furnishing services required in

connection withthe replacement of such Work.

3.3.6 Providing services made necessary by the default of the Contractor,

by major defects or deficiencies in the Work of the Contractor, or by

failure of performance of either the Owner or Contractor under the Contract

for Construction.

3.3.7 Providing services in evaluating an extensive number of claims

submitted by the Contractor or others in connection with the Work.

3.3.8 Providing services in connection with a public hearing, arbitration

proceeding or legal proceeding except where the Architect is party thereto.

3.3.9 Preparing documents for alternate, separate or sequential bids or

providing services in connection with bidding, negotiation or construction

prior to the completion of the Construction Documents Phase.

3.4 OPTIONAL ADDITIONAL SERVICES

3.4.1 Providing analyses of the Owner’s needs and programming the

requirements of the Project.

3.4.2 Providing financial feasibility or other special studies.

3.4.3 Providing planning surveys, site evaluations or comparative studies of

prospective sites.

3.4.4 Providing special surveys, environmental studies and submissions

required for approvals of governmental authorities or others having

jurisdiction over the Project.

3.4.5 Providing services relative to future facilities, systems and

equipment.

3.4.6 Providing services to investigate existing conditions or facilities

or to make measured drawings thereof.

3.4.7 Providing services to verify the accuracy of drawings or other

information furnished by the Owner.

3.4.8 Providing coordination of construction performed by separate

contractors or by the Owner’s own forces and coordination of services

required in connection with construction performed and equipment supplied by

the Owner.

3.4.9 Providing services in connection with the work of a construction

manager or separate consultants retained by the Owner.

3.4.10 Providing detailed estimates of Construction Cost.

3.4.11 Providing detailed quantity surveys or inventories of material,

equipment and labor.

3.4.12 Providing analyses of owning and operating costs.

3.4.13 Providing interior design and other similar services required for or

in connection with the selection, procurement or installation of furniture,

furnishings and related equipment.  See Article 12.2.

3.4.14 Providing services for planning tenant or rental spaces.

3.4.15 Making investigations, inventories of materials or equipment, or

valuations and detailed appraisals of existing facilities.

3.4.16 Preparing a set of reproducible record drawings showing significant

changes in the Work made during construction based on marked-up prints,

drawings and other data furnished by the Contractor to the Architect.

3.4.17 Providing assistance in the utilization of equipment or systems such

as testing, adjusting and balancing, preparation of operation and

maintenance manuals, training personnel for operation and maintenance, and

consultation during operation.

3.4.18 Providing services after issuance to the Owner of the final

Certificate for Payment, or in the absence of a final Certificate for

Payment, more than 60 days after the date of Substantial Completion of

the Work.  See Article 12.3.

3.4.19 Providing services of consultants for other than architectural,

structural, mechanical and electrical engineering portions of the

Project provided as a part of Basic Services.

3.4.20 Providing any other services not otherwise included in this

Agreement or not customarily furnished in accordance with generally

accepted architectural practice.

ARTICLE 4

———-

OWNER’S RESPONSIBILITIES

4.1 The Owner shall provide full information regarding requirements for the

Project, including a program which shall set forth the Owner’s objectives,

schedule, constraints and criteria, including space requirements and

relationships, flexibility, expandability, special equipment, systems and

site requirements.

4.2 The Owner shall establish and update an overall budget for the Project,

including the Construction Cost, the Owner’s other costs and reasonable

contingencies related to all of these costs.

4.3 If requested by the Architect, the Owner shall furnish evidence that

financial arrangements have been made to fulfill the Owner’s obligations

under this Agreement.

4.4 The Owner shall designate a representative authorized to act on the

Owner’s behalf with respect to the Project.  The Owner or such authorized

representative shall render decisions in a timely manner pertaining to

documents submitted by the Architect in order to avoid unreasonable delay

in the orderly and sequential progress of the Architect’s services.

4.5 The Owner shall furnish surveys describing physical characteristics,

legal limitations and utility locations for the site of the Project, and

a written legal description of the site.  The surveys and legal

information shall include, as applicable, grades and lines of streets,

alleys, pavements and adjoining property and structures; adjacent

drainage, rights-of-way, restrictions, easements, encroachments, zoning,

deed restrictions, boundaries and contours of the site; locations,

dimensions and necessary data pertaining to existing buildings, other

improvements and trees; and information concerning available utility services

and lines, both public and private, above and below grade, including inverts

and depths.  All the information on the survey shall be referenced to a project

benchmark.

4.6 The Owner shall furnish the services of geotechnical engineers when

such services are requested by the Architect.  Such services may include

but are not limited to test borings, test pits, determinations of soil

bearing values, percolation tests, evaluations of hazardous materials,

ground corrosion and resistivity tests, including necessary operations for

anticipating subsoil conditions, with reports and appropriate professional

recommendations.

4.6.1 The Owner shall furnish the services of other consultants when such

services are reasonable required by the scope of the Project and are

requested by the Architect.

4.7 The Owner shall furnish structural, mechanical, chemical, air and water

pollution tests, tests for hazardous materials, and other laboratory and

environmental tests, inspections and reports required by law or the

Contract Documents.

4.7.1 See Article 12.4

4.8 The Owner shall furnish all legal, accounting and insurance counseling

services as may be necessary at any time for the Project, including

auditing services the Owner may require to verify the Contractor’s

Applications for Payment or to ascertain how or for what purposes the

Contractor has used the money paid by or on behalf of the Owner.

4.9 The services, information, surveys and reports required by Paragraphs

4.5 through 4.8 shall be furnished at the Owner’s expense, and the

Architect shall be entitled to rely upon the accuracy and completeness

thereof.

4.10 Prompt written notice shall be given by the Owner to the Architect

if the Owner becomes aware of any fault or defect in the Project or

nonconformance with the Contract Documents.

4.11 The proposed language of certificates or certifications requested

of the Architect or Architect’s consultants shall be submitted to the

Architect for review and approval at least 14 days prior to execution.

The Owner shall not request certifications that would require knowledge

or services beyond the scope of the Agreement.

ARTICLE 5

———

CONTRUCTION COST

5.1 DEFINITION

5.1.1 The Construction Cost shall be the total cost or estimated cost to

the owner of all elements of the Project designed or specified by the

Architect.

5.1.2 The Construction Cost shall include the cost at current market

rates of labor and materials furnished by the Owner and equipment

designed, specified, selected or specially provided for by the Architect,

plus a reasonable allowance for the Contractor’s overhead and profit.  In

addition, a reasonable allowance for contingencies shall be included for

market conditions at the time of bidding and for changes in the Work

during construction.

5.1.3 Construction Cost does not include the compensation of the

Architect and Architect’s consultants, the costs of the land, rights-of-way,

financing or other costs which are the responsibility of the Owner as provided

in Article 4.

5.2 RESPONSIBILITY FOR CONSTRUCTION COST

5.2.1 Evaluations of the Owner’s Project budget, preliminary estimates of

Construction Cost and detailed estimates of Construction Cost, if any,

prepared by the Architect, represent the Architect’s best judgment as a

design professional familiar with the construction industry.  It is

recognized, however, that neither the Architect nor the Owner has control

over the cost of labor, materials or equipment, over the Contractor’s

methods of determining bid prices, or over competitive bidding, market or

negotiating conditions.  Accordingly, the Architect cannot and does not

warrant or represent that bids or negotiated prices will not vary from the

Owner’s Project budget or from any estimate of Construction Cost or

evaluation prepared or agreed to by the Architect.

5.2.2 No fixed limit of Construction Cost shall be established as a

condition of this Agreement by the furnishing, proposal or establishment of

a Project budget, unless such fixed limit has been agreed upon in writing

and signed by the parties hereto.  If such a fixed limit has been

established, the Architect shall be permitted to include contingencies for

design, bidding and price escalation, to determine what materials,

equipment, component systems and types of construction are to be included in

the Contract Documents, to make reasonable adjustments in the scope of the

Project and to include in the Contract Documents alternate bids to adjust

the Construction Cost to the fixed limit.  Fixed limits, if any, shall be

increased in the amount of an increase in the Contract Sum occurring after

execution of the Contract for Construction.

5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days

after the Architect submits the Construction Documents to the Owner, any

Project budget or fixed limit of Construction Cost shall be adjusted to

reflect changes in the general level of prices in the construction industry

between the date of submission of the Construction Documents to the

Owner and the date on which proposals are sought.

5.2.4 If a fixed limit of Construction Cost (adjusted as provided in

Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or

negotiated proposal, the Owner shall:

.1 give written approval of an increase in such fixed limit;

.2 authorize rebidding or renegotiating of the Project within a reasonable

time;

.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3;

or

.4 cooperate in revising the Project scope and quality as required to reduce

the Construction Cost.

5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect,

without additional charge, shall modify the Contract Documents as

necessary to comply with the fixed limit, if established as a condition

of this Agreement.  The modification of Contract Documents shall be the

limit of the Architect’s responsibility arising out of the establishment

of a fixed limit.  The Architect shall be entitled to compensation in

accordance withthis Agreement for all services performed whether or not

the Construction Phase is commence.

5.2.6 See Article 12.5.

ARTICLE 6

———

USE OF ARCHITECT’S DRAWINGS SPECIFICATIONS AND OTHER DOCUMENTS

6.1 The Drawings, Specifications and other documents prepared by the

Architect for this Project are instruments of the Architect’s service for

use solely with respect to this Project and, unless otherwise provided, the

Architect shall be deemed the author of these documents and shall retain all

common law, statutory and other reserved rights, including the copyright.

The Owner shall be permitted to retain copies, including reproducible

copies, of the Architect’s Drawings, Specifications and other documents

shall not be used by the Owner or others on other projects, for additions to

this Project

or for completion of this Project by others, unless the Architect is

adjudged to be in default under this Agreement, except by agreement in

writing and with appropriate compensation to the Architect.

6.2 Submission or distribution of documents to meet official regulatory

requirements or for similar purposes in connection with the Project is not

to be construed as publication in derogation of the Architect’s reserved

rights.

ARTICLE 7

———

ARBITRATION

7.1 See Article 12.6

7.2

7.3

7.4

ARTICLE 8

———

TERMINATION, SUSPENSION OR ABANDONMENT

8.1 This Agreement may be terminated by either party upon not less than

seven days’ written notice should the other party fail substantially to

perform in accordance with the terms of this Agreement through no fault

of the party initiating the termination.

8.2 If the Project is suspended by the Owner for more than 30 consecutive

days, the Architect shall be compensated for services performed prior to

notice of such suspension.  When the Project is resumed, the Architect’s

compensation shall be equitably adjusted to provide for expenses incurred

in the interruption and resumption of the Architect’s services.

However, such equitable adjustment to the Architect’s compensation shall

be paid only in those instances in which the Owner has not extended the

period of time for the Architect’s performance of services under this

Agreement equal to the time by which the Project was suspended.

8.3 This Agreement may be terminated by the Owner upon not less than seven

days’ written notice to the architect in the event that the Project is

permanently abandoned.

8.4 Failure of the Owner to make payments to the Architect in accordance

with this Agreement shall be considered substantial nonperformance and

cause for termination.

8.5 If the Owner fails to make payment when due the Architect for services

and expenses, the Architect may, upon seven days’ written notice to the

Owner, suspend performance of services under this Agreement.  Unless

payment in full is received by the Architect within seven days of the date

of the notice, the suspension shall take effect without further notice. In

the event of a suspension of services, the Architect shall have no

liability to the Owner for delay or damage caused the Owner because of

such suspension of services.

8.6 In the event of termination not the fault of the Architect, the

Architect shall be compensated for services performed prior to termination,

together with Reimbursable Expenses then due.

8.7

ARTICLE 9

———-

MISCELLANEOUS PROVISIONS

9.1

9.2 Terms in this Agreement shall have the same meaning as those in AIA

Document A201, General Conditions of the Contract for Construction, current

as of the date of this Agreement.

9.3 Causes of action between the parties to this Agreement pertaining to

acts or failures to act shall be deemed to have accrued and the applicable

statutes of limitations shall commence to run not later than either the

date of Substantial Completion for acts or failures to act occurring prior

to Substantial Completion, or the date of issuance of the final Certificate

for Payment for acts or failures to act occurring after Substantial

Completion.

9.4 The Owner and Architect waive all rights against each other and against

the contractors, consultants, agents and employees of the other for

damages, but only to the extent covered by property insurance during

construction, except such rights as they may have to the proceeds of such

insurance as set forth in the edition of AIA Document A201, General

Conditions of the Contract for Construction, current as of the date of this

Agreement.  The Owner and Architect each shall require similar waivers from

their contractors, consultants and agents.

9.5 The Owner and Architect, respectively, bind themselves, their partners,

successors, assigns and legal representatives to the other party to this

Agreement and to the partners, successors, assigns and legal representatives

of such other party with respect to all covenants of this Agreement.

Neither Owner nor Architect shall assign this Agreement without the

written consent of the other.

9.6 This Agreement represents the entire and integrated agreement between

the Owner and Architect and supersedes all prior negotiations,

representations or agreements, either written or oral.  This Agreement may

be amended only by written instrument signed by both Owner and Architect.

9.7 Nothing contained in this Agreement shall create a contractual

relationship with or a cause of action in favor of a third party against

either the Owner or Architect.

9.8 Unless otherwise provided in this Agreement, the Architect and Architect’s

consultants shall have no responsibility for the discovery, presence,

handling, removal or disposal of or exposure of persons to hazardous materials

in any form at the Project site, including but not limited to asbestos,

asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.

9.9 The Architect shall have the right to include representations of the

design of the Project, including photographs of the exterior and interior,

among the Architect’s promotional and professional materials. The Architect’s

materials shall not include the Owner’s confidential or proprietary

information if the Owner has previously advise the Architect in writing of

the specific information considered by the Owner to be confidential or

proprietary.  The Owner shall provide professional credit for the

Architect on the construction sign and in the promotional materials for

the Project.

ARTICLE 10

———–

PAYMENTS TO THE ARCHITECT

10.1 DIRECT PERSONNEL EXPENSE

10.1.1 Direct Personnel Expense is defined as the direct salaries of the

Architect’s personnel engaged on the Project.

10.2 REIMBURSABLE EXPENSES

10.2.1 Reimbursable Expenses are in addition to compensation for Basic

and Additional Services and include expenses incurred by the Architect

and Architect’s employees and consultants in the interest of the

Project, as identified in the following Clauses.

10.2.1.1 Expense of transportation in connection with authorized out-of-

town travel; long-distance communications; and fees paid for securing

approval of authorities having jurisdiction over the Project.

10.2.1.2 Expense of reproductions, postage and handling of Drawings,

Specifications and other documents.

10.2.1.3 If authorized in advance by the Owner, expense of overtime work

requiring higher than regular rates.

10.2.1.4 Expense of renderings, models and mock-ups requested by the

Owner.

10.2.1.5 Expense of additional insurance coverage or limits, including

professional liability insurance, requested by the Architect and

Architect’s consultants.

10.2.1.6

10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES

10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum

payment under this Agreement.

10.3.2 Subsequent payments for Basic Services shall be made monthly and,

where applicable, shall be in proportion to services performed within each

phase of service, on the basis set forth in Subparagraph 11.2.2.

10.3.3 If and to the extent that the time initially established in

Subparagraph 11.5.1 of this Agreement is exceeded or extended through no

fault of the Architect, compensation for any services rendered during the

additional period of time shall be computed in the manner set forth in

Subparagraph 11.3.2.

10.3.4 When compensation is based on a percentage of Construction Cost and

any portions of the Project are deleted or otherwise not constructed,

compensation for those portions of the Project shall be payable to the

extent services are performed on those portions, in accordance with the

schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona

fide bid or negotiated proposal, or (2) if no such bid or proposal is

received, the most recent preliminary estimate of Construction Cost or

detailed estimate of Construction Cost for such portions of the Project.

10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES

10.4.1 Payments on account of the Architect’s Additional Services and for

Reimbursable Expenses shall be made monthly upon presentation of the

Architect’s statement of services rendered or expenses incurred.

10.5 PAYMENTS WITHHELD

10.5.1 No deductions shall be made from the Architect’s compensation on

account of penalty, liquidated damages or other sums withheld from

payments to contractors, or on account of the cost of changes in the Work

other than those for which the Architect has been found to be liable.

10.6 ARCHITECT’S ACCOUNTING RECORDS

10.6.1 Records of Reimbursable Expenses and expenses pertaining to

Additional Services and services performed on the basis of a multiple of

Direct Personnel Expense shall be available to the Owner or the Owner’s

authorized representative at mutually convenient times.

ARTICLE 11

———-

BASIS OF COMPENSATION

The Owner shall compensate the Architect as follows:

11.1 AN INITIAL PAYMENT of N/A Dollars ($-o-) shall be made upon execution

of this Agreement and credited to the Owner’s account at final payment.

11.2 BASIC COMPENSATION

11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other

services included in Article 12 as part of Basic Services, Basic

Compensation shall be computed as follows:

(Insert basis of compensation, including stipulated sums, multiples or

percentages, and identify phases to which particular method of

compensation apply, if necessary)

Fixed Fee of 6-3/4% of approved Project budget.

11.2.2 Where compensation is based on a stipulated sum or percentage of

Construction Cost, progress payments for Basic Services in each phase shall

total the following percentages of the total Basic Compensation payable:

(Insert additional phases as appropriate.)

Schematic Design Phase: five                 percent (  5%)

Design Development Phase: thirty             percent ( 30%)

Construction Documents Phase: forty          percent ( 40%)

Bidding or Negotiation Phase : five          percent (  5%)

Construction Phase: twenty                   percent ( 20%)

—————————————————————————-

Total Basic Compensation         one hundred percent (100%)

11.3 COMPENSATION FOR ADDITIONAL SERVICES

11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in

Paragraph 3.2, compensation shall be computed as follows:

Hourly at Direct Personnel Expense times a multiplier of 3.0 of personnel

performing work on the Project.

11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles

3 and 12, other than (1) Additional Project Representation, as described

in paragraph 3.2, and (2) services included in Article 12 as part of Basic

Services, but excluding services of consultants, compensation shall be

computed as follows:

(Insert basis of compensation, including rates and/or multiples of Direct

Personnel Expense for Principals and employees, and identify Principals

and classify employees, if required.  Identify specific services to which

particular methods of compensation apply, if necessary.)

Hourly at Direct Personnel Expense times a multiplier of 3.0 of

personnel performing work on the Project.

11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional

structural, mechanical and electrical engineering services and those

provided under Subparagraph 3.4.19 or identified in Article 12 as part of

Additional Services, a multiple of one and one tenth (1.1) times the amounts

billed to the Architect for such services.

(Identify specific types of consultants in Article 12, if required.)

11.4 REIMBURSABLE EXPENSES

11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any

other items included in Article 12 as Reimbursable Expenses, a multiple of

one (1.0) times the expenses incurred by the Architect, the Architect’s

employees and consultants in the interest of the Project if the Owner

compensates the Architect for same within fifteen (15) days of the date of

the Owner’s receipt of the Architect’s invoice therefor; otherwise, the

Owner will compensate the Architect by a multiple of one and one-tenth (1.1)

times such expenses.

11.5 ADDITIONAL PROVISIONS

11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been

completed within thirty-six (36) months of the date hereof, through no

fault of the Architect, extension of the Architect’s services beyond that

time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2.

11.5.2  Payments are due and payable thirty (30) days from the date of the

Architect’s invoice.  Amounts unpaid thirty-one (31) days after the

invoice date shall bear interest at the prime rate established by United

Missouri Bank; provided, however, that for any items of the Architect’s services

that are in dispute, the Owner shall notify the Architect in writing of

such dispute within thirty (30) days from the date of the Architect’s invoice, –

and the Owner may hold the sums attributable to such disputed services

until such time as the dispute has been resolved.

(usury laws and requirements under the Federal Truth in Lending Act,

similar state and local consumer credit laws and other regulations at the

Owner’s and Architect’s principal places of business, the location of the

Project and elsewhere may affect the validity of this provision.  Specific

legal advice should be obtained with respect to deletions or modifications,

and also regarding requirements such as written disclosures or waivers.)

11.5.3 The rates and multiples set forth for Additional Services shall be

annually adjusted in accordance with normal salary review practices of the

Architect.

ARTICLE 12

———-

OTHER CONDITIONS OR SERVICES

EXHIBIT “A” to Standard Form of Agreement Between Owner and Architect,

dated April 29, 1994, attached.

This Agreement entered into as of the day and year first written above.

OWNER: Cerner Properties, Inc.     ARCHITECT: The Hollis & Miller Group, Inc.

By:/s/Clifford W. Illig            By:/s/Quentin L. Roberts, Jr.

(signature)                        (signature)

NAME:   Clifford W. Illig          NAME:   Quentin L. Roberts, Jr. AIA

TITLE:  President                  TITLE:  Executive Vice President

(Printed name and title)           (Printed name and title)

<PAGE>

EXHIBIT “A”

———-

To Standard Form of Agreement Between Owner and Architect

AIA Document B141, dated April 29, 1994

12.1   The Architect shall advise the Owner, in writing, of any potential

changes to Contract Documents or the Work prior to the initiation of the

change.  The Architect shall work with the Owner and Contractor in

preparing any Change orders associated with any changes in the Contract

Documents or the Work.

12.2   Services for Interior Design and specification of loose furniture

per Paragraph 3.4.13 are not part of the basic services.  If requested by the

Owner, a fee proposal will be provided for services to include inventory

of existing furniture, selection, bidding, and checking installation of

new furniture.  Compensation will be based on the designed scope of

furniture and equipment and shall be negotiated by the parties.

12.3   Notwithstanding Subpart (2) of Subparagraph 2.6.4, as part of

Basic Services, Architect shall conduct an inspection of the building 11 months

after Substantial Completion for the purpose of notifying Contractor of

any warranty problems observed, or noted by Owner, before expiration of

the one-year warranty.  (Ref. 3.4.18)

12.4   The Owner shall furnish an Environmental Assessment of the site

when such tests are reasonable required by the Scope of the Project and are

requested by the Architect.  (Ref. 4.7.1-Added)

12.5   When Change Orders during construction result solely from

negligent acts or omissions of the Architect or Engineer, deviating from

generally accepted professional standards and practices, the Owner shall pay

the Contractor and Owner shall be entitled to a credit for said changed work

against fees owed Architect by Owner in an amount equal to the difference

in cost between the actual cost of the changed work and the estimated

cost of the changed work had it been included as a part of the work at the

start of the project.  Further, the Architect shall make no charge to the

Owner for any additional architectural services resulting solely from such

negligent acts or omissions of the Architect or Engineer. (Ref.5.2.6-

Added)

12.6   Unresolved claims, disputes and other matters in question between

the parties to this Agreement arising out of or relating to this Agreement

or breach thereof, shall be subject to lawful recourse of the parties

pursuant to law in the State of Missouri.

12.7   Indemnification:  Architect does hereby agree to indemnify and hold

the Owner harmless from and against any and all liabilities, damages, or

losses arising out of damage to property or physical injury to persons to

the extent caused by or through the negligent acts or omissions of the

Architect.

12.8   During the performance of the Services under this Agreement, the

Architect shall maintain the following insurance:

12.8.1  General liability Insurance with bodily injury and property damage

coverage of $1,000,000 combined single limit, and $1,000,000 aggregate.

12.8.2  Automobile Liability Insurance with bodily injury and property

damage coverage of $1,000,000 combined single limit each accident.

12.8.3  Workers’ Compensation Insurance in accordance with statutory

requirements and Employer’s Liability Insurance with limits of not less

than $100,000 for each occurrence.

12.8.4  Professional Liability Insurance with limits of not less than

$1,000,000 annual aggregate.

12.9   The Architect shall, upon request, furnish owner with certificate(s)

of insurance which shall be updated from time to time to evidence that the

foregoing coverages and limitations of liability remain in full force and

effect during the term of this Agreement, and which shall include a

provision that such insurance shall not be canceled without at least thirty

(30) day’s written notice to Owner.  All Project Contractors shall be

required to include Owner and Architect as additional insureds on their

General Liability Insurance policies.

12.10  Should hazardous materials be present or discovered during

construction at the site of the Project, the Owner shall retain and be

responsible for the cost of a special consultant to design and specify

removal of such materials.  Architectural services to coordinate with this

special consultant will be considered additional services and be billed as

identified in paragraph 11.3.2.

12.11  Storm water permit services are not included in Basic Services

under Paragraph 2.4.4.

12.12  Services for Acoustical Design, Sound System Design, Theatrical

Lighting, and Food service Design, when reasonably required for the

project and requested by the Architect, shall be additional services per

Paragraph 3.4.19.  The Architect shall select and retain a Consultant as

required, subject to written approval by the Owner for these services.

Services shall be billed as identified in Paragraph 11.3.3.

12.13  The Architect shall exercise reasonable care to see that its

services comply with applicable federal, state. and municipal laws,

regulations, and ordinances governing the services covered by this

Agreement, as published and in effect on the date of this Agreement.

12.14  The standard of care for all professional architectural and related

services performed or furnished by the Architect under this Agreement will

be the care and skill ordinarily used by members of the Architect’s profession

practicing under similar conditions at the same time and in the same locality.

The Architect makes no warranties, express or implied, under this Agreement or

otherwise, in connection with the Architect’s services.

12.15  The Architect will use good-faith efforts to cooperate and coordinate

the Architect’s services with those of the Contractor during the pre

construction period.

12.16  The Architect shall, as part of the Basic Services, coordinate the

activities of the Contractor and various consultants (e.g., landscape

architects, security experts, etc.) with respect to the Project.

12.17  With reference to Paragraph 6.1, the Architect agrees:

A.   Not to use the Drawings, Specifications and other documents (“Plans”)

prepared by the Architect for this Project with respect to any other

persons or for any other projects, and

B.   To place copyright notices on all copies of the Plans sent to

subcontractors or otherwise used in this Project, and

C.   To require the subcontractors to agree to use the Plans only for this

Project.

D.   To place no limits on owner’s use of the Plans, except that Owner shall

indemnify and hold the Architect harmless from and against claims

arising out of use of the Plans in a way not agreed by the

Architect and owner, where such use causes harm to Cerner, Cerner

subsidiaries or parent, or any third person, and further except

that the last sentence of Paragraph 6.1 shall hereby be deemed

deleted.

12.18  The Architect shall furnish insurance in the amount no less than

$1,000,000 to fund the indemnification set forth at Paragraph 12.7

above. To the extent permitted by the insurers and if requested in

writing by the Owner following receipt of a price quote, the Owner shall

be shown as an additional insured on all policies, including the

Professional Liability Policy.

Owner and Architect Sign and date below…

It really takes a team of people to put together a great earth sheltered home.  One person could probably pull together a good one, but I don’t recommend it.  An important component of any Earth Sheltered design team is the architect.

For the story about my own search, check this post…

The rest of this is more general…

Why

Why hire an architect instead of spending that money on the home its self (you could buy a lot of cement or insulation for that price), here are some good reasons;

1) Drawings: The architect is much more familiar with the process and what is needed in the drawings than you are.  You may be able to do all the drawings, but do you know what drawings or details will be needed as part of the construction process?  Figuring all that out may take a lot of your time or even add years to the project.  Missing some important aspects may add even more cost in other ways.  I personally found that having someone else to worry about certain drawings gave me some room to think about other important details.

If there is a downside here, it is that your architect probably won’t give you the CAD unless you convince him to do do so before you get started…  There are many times that I have wished I had access to the CAD so I could use them to quickly test ideas or “fit”.

2) Financing: Your lender (or neighborhood association) will want to see drawings and will be much more inclined to approve drawings created by professionals.  Even if you have “mad cad skills”, they will over-scrutinize and under-value your designs if they don’t see an architects name on the plans.   Hiring an architect may be the key to unlocking the financial or other approvals you will need.

3) Engineering: If you are planning on having an earth sheltered roof, your building inspector will almost certainly insist on seeing good engineering drawings, approved by a civil engineer.  The engineer will almost certainly prefer to work with an architect to ensure he is working with good drawings…  In my case, the engineer cost more than the architect, but I am not sure if he would have worked with me at all without one.

4) Insight: With any luck, you have hired an architect that will not only try to give you what you ask for, but may also give you insight to improve your design.  This is a bit tough for some of us to take, especially if we have already put a lot of thought into the design, but keep an open mind and you may get some good ideas from the architect(s).   It is also great to get the plans out of your head and share them with another human being (even if you have to pay them by the hour for every meeting ;( ).  If you do not have a circle of friends who enjoy chatting about earth sheltered homes, you will probably enjoy this chance to bounce ideas of your architect.  I am not the kind of person who would hire a psychiatrist, but I guess it would feel the same way, cathartic ;).

How Much

We met with and got quotes from 5 architects.  The costs ranged from 18% down to 1% of our budget.    We ended up selecting for reasons other than cost and went with an architect that was approximately 3% of the budget (the engineer was more and additional).  I am using percentages, but in all but one case, the architects all based their quotes on numbers of hours estimated to complete the design multiplied by some hour rate.

Of course, every situation is different.  On the one hand, I came in well prepared (they would not be starting from scratch).  On the other hand, I had a very usual design and I had not yet done any roof drawings…  so there was still a lot to do.   If you were going in with a more modest design and had already figured out most of what you want, I think you could expect the architectural fees to be much lower.

If you compare the cost of an architect with that of a real-estate agent and factor in all the work they do, it is clear where the better value is.   I feel better about paying my architect when I consider that I am not paying thousands to a real estate agent (hidden in the 7.5% higher price of every home purchased thru one) to purchase my home.  No offence to any real estate agents out there, but I think you know this is true ;), feel free to comment below.  Of course the counter argument is that you only pay a real estate agent on the day that you get the keys to your new house (only successful agents get paid).  You pay the architect during the design phase with out any guarantee that you won’t just end up with “paper architecture” (architecture that never gets off the paper).   Many would be earth sheltered home owners have very expensive drawings in the back closet of their still-very much above ground homes.

“Suppose one of you wants to build a tower. Will he not first sit down and estimate the cost to see if he has enough money to complete it?”  Luke 14:28

For a moderate sized Earth Sheltered home where you have already done the majority of the design work and the building permits don’t require a licensed architect to sign off, perhaps an architectural designer (at a lower price point) would be the ideal situation?

It is important to remember that each relationship is negotiated by the participants…  You can change terms, even those in the “standard” architectural agreement.  For instance, I didn’t like the lines about “Owner’s use solely wrt this project” or “Upon completion… the Owner’s right… shall cease”, so I had those parts removed and added explicit language saying I could use the designs in publications, websites, video or any other means I wanted.  My architect said that if I use the design in a movie, he wanted to be played by Daniel Craig, but we didn’t put that in the contract.  

When it comes to paying your architect, there are some items spelled out in the agreement, at least in some countries, and many architects use boiler plate contracts, so it tends to be pretty standard.  Most want an “Initial Payment”, something like $500 or $1000 dollars.  They will set a cost for each phase of the project and will bill you after each month based on the percentage of each phase that they have completed.   My architect put a ceiling on the price to keep things from getting out of hand.  That keeps me from getting too upset if things are talking longer than I think they should.   You will see additional charges for prints, visits to the property, etc.  My suggestion is to not get too picky about the hourly breakdown on the bill or the specifics of how many hours are associated to each associate or task.  The architect is just trying to chunk things out and balance his books.   Just pay your bill, as agreed, based on the percentage of the phases that you believe to be complete.  If it feels like a lot of money, refer back to my comment about the work relative to hiring a real-estate agent to help you buy someone elses dream home…

On the other hand, if he has billed you for all of phase 1 and 2, but you don’t believe things have progressed that far, by all means, call him up.  In my case, I made the mistake of paying too far ahead of the actual work.  By the time I caught it, the architect claimed he was 95% done with design development and he clearly was not more than 70%.  This would be like paying your plumber 95% before he even shows up with the fixtures.  If it was hard getting his attention before, it will be much harder now that he already has the vast majority of your money.   Fortunately  architects are much more professional than plumbers.  I will never know if he would have worked faster if we had owed him more money (he was many months late by the end), but he did honor the original agreed upon price (plus a few hundred dollars in prints).

Of course, the fixed price also made it harder to discuss changes as we neared the end.   The architect defined a few of my requests as a change in scope so they would have cost extra money…   I personally didn’t think they were scope change, but I also didn’t want to take any extra time to argue about that.

Finding and Architect Finding an architect you want to work with is hard enough…  Finding an earth sheltered architect is much harder. In addition to being unusual in form, earth sheltered homes may also require the use of materials and construction techniques that residential architects, at least in the stick-built northern half of the United States and Canada, would be unfamiliar with.  Instead of excluding those who had not built and earth sheltered home, I started looking for anyone who seemed interested in trying.

As mentioned in the main sourcing page, Google was my best friend when it came to finding an architect.  Once I had their name and phone number, I would try to find a website.   Many were more commercial than residential.  This didn’t bother me because my construction methods would be more familiar to a commercial architect anyway…  But apparently that feeling was not mutual.  Once they heard it was a residential project, many were not interested.   However, some architects do seek both commercial and residential work…  I recommend you start there.

I also recommend that you follow the 3 bid rule.  In our case, we were calling the architects as we found them.  We met with the first two and had a hard time getting others to call us back.  Then several called us back all at once, so we ended up interviewing with 5 different architects, two of them twice (this doesn’t included prior emails and phone calls to vet the candidates).  That may have been a bit much.

Questions  Whenever you “source”, it is a good idea to try and ask each sub to bid on the same work.  It is no different with an architect.  It is very helpful to make sure you have covered the same basic questions with each so you can compare apples to apples.

1) Have you ever designed an earth sheltered home before?   This was a tough one.

If an architect claims to have designed an earth sheltered home, did deeper to see if it was actually relevant to what you are planning to do.  In my case, I found the prior experiences were all very different to what I wanted to do.  In one case, the experience consisted of a bermed home with a green roof (less than 8 inches of light weight soil over a steel deck).   I called the reference and found that the majority of the simple square design came from the client; the architect had designed some truss system to remove the need for interior columns, but it was so expensive that the home owner (who built the home himself) didn’t actually use it.  This architect also talked about his passive window expertise, but I felt I was ahead of him there also (he thought turning Low E glass backward was the same as passive solar glass).  So does this earth sheltered experience count?

Another architect had done several earth bermed homes, and one with a green roof, but they were all done decades ago.  I also found him to be a bit annoying and his information was certainly out of date or just wrong (he was already arguing with me during the interview)…  He was also the most expensive…

2) Have you ever worked with shotcrete?   Slab on grade construction?  ICFs?

The important thing here is that the architect have some experience with aspects of your planned method of construction.   Several of the architects I met with had at least one shotcrete project under their belts, almost all had worked with slab on grade construction.   Again, when I looked into it, I found that one had used wooden forms under the shotcrete and the structured had ventilation and mold problems (does a lesson learned count as positive experience?).

3) How and how often should I expect to hear from you?  How much will you try to keep me in the loop on progress?

This is one I didn’t ask, but wish that I had.  I like my architect, and still think we made the right choice, but I do wish I had asked about communication at that first meeting.  Some architects are just not great at keeping you in the loop.  Other architects have a “tada” mentality where they feel like they should go away and secretly do the design work and then pop back and say “tada!”  My guess is these people also like to throw surprise parties. 😉

Personally, as a Product Manager in my real life, I prefer transparency.   If you want weekly updates on where things are and what you are working on, you may want to ask about that at the first meeting.

4) What drawing tools do you use? 2D or 3D?

There are a range of software tools of varying cost and capability.  High end architectural CAD (Computer Aided Design) tools like Autodesk Revit are fairly expensive ($5500/year/seat) and will add to your cost.  Other tools, such as Google Sketch-Up, are free (or there is a low cost “Pro” version for architects), but have fewer capabilities.  I recommend Googling what ever tool the prospective architect mentions to get an idea of its capabilities.   I have looked at the range of tools and found that most have tools (and limitations) built in assuming you will be designing a conventional home and most are not up to the task of modeling an unconventional home, and especially not an earth sheltered home.

If they are not using software (if they are just drawing on a board with a pencil), I recommend moving on to another architect.   But it would be cool if they are good with a pencil (sketching) and I love the look of watercolors for the final concept drawings. 😉

As for the question of 3D vs 2D software… I could argue for either side.

3D looks better and will help you visualize the design.  It is also based on a single model (instead of pages of drawings), so if you make a change, you only need to make it in one place (not each view).  It is also great for making sure that everything fits;  real construction is done in 3D, so it would be great to know that the parts fit in 3D while it is still in the computer.   This concept of a single 3D model can also make things much more difficult…  The designer can’t just draw something, they are forced to make sure it fits in the 3D model, which may require advanced skills for some unconventional geometries.  They may also need to take care of “meta data” for assembly or parameter information that a 2D architect doesn’t spend any time on.   Because more care needs to go into the 3D CAD design (and the software costs more), architects who work in 3D tend to charge quite a bit more and may need to bid for more hours to get a complicated model right.

Only 2D drawings are needed for construction.  2D is more flexible (fudgeable),   a talented architect/designer working in 2D could keep up with the freedom of shotcrete and earth.  This flexibility is also its weakness.  Because the architect is not forced to resolve the design in 3D, it is possible for them to make mistakes between different views (pages) or to design something that won’t actually fit when assembled in 3D (real life).   I found many inconsistencies and conflicts between different views in my drawing sets.  Also, because views are drawn separately, changes made to the design must be made in each drawing that is affected.  This could mean a lot of work for a simple change, or increases the potential of your pages getting out of sync if the corresponding changes are not made everywhere.  And of course, visualization…  2D plans are generally done with “elevation” views or cutaway views that present your home in an almost schematic way…  Elevations are great for understanding how the home is put together and the dimensions of things, but it will never actually look that way when it is built in 3D.  For instance, the front Elevation shows just the front, but when looking at a real house you are looking at it from a slight angle and things look a little different.

Generally speaking, I would lean towards 3D for producing a more robust and build-able design.  It is also prettier.   However, I really didn’t think they could get my model done in 3D.     I had cast off conventional design ideas and only let my earth sheltered home be limited by the capabilities of shotcrete (which is very liberating).  This meant my design was very difficult for standard architectural CAD, designed for conventional construction, to model up.   I had already tried some of the basic forms in a variety of high end 3D cad tools and found they had limitations that prevented the construction of the shapes I needed.

My architect was strictly 2D, but his young apprentice was a wiz with Rhino, one of the few tools that can handle the kind of complex surfaces used in my home…  He provided 2D drawings for construction, but behind the scenes, he often worked out fit with his 3D model.

The architect used some 3D models to help work out the fit… This one shows the dining room vault steel arch calculations…

If you have already done a lot of work on your plans, it would be helpful if the architect could at least import your drawings, so you may want to ask about that also.

Finally, you may find that the architect is quite willing to give you the CAD models for your drawings, and this can be very helpful later (assuming you have access to the tool).

5) Try to meet the architects team…  If the architect will be relying on an associate, you should probably meet that person before you sign on.  If they have an engineer they like to work with, meet the engineer.  It is like getting married, you marry the whole family, choose carefully.

I my case, my design was mostly done by the architects assistant.  He was a very helpful, enthusiastic and likable guy who had some great CAD skills, but little architectural experience.  I know that he started his first year of Architecture school after starting our design, but I was never given any real info about his education or experience.  I am hoping that he already had his B.A. and was just starting his masters, but I guess it would have been good to ask.

6) Ask them how busy they are.  I asked how many clients my architect was working with and he said 10.  I assumed he was including late phase customers that he was still in contact with, etc.  I didn’t think any architects in this business would be so busy, but it looks like he is.  I should have asked a more direct question about how many hours a week they would be able to commit to my project.

7) As them what to expect thru the process, they will probably talk about design phases which I will describe in the next section.  Also ask them about who checks the design.  In my case, the architects assistant did most of the drawing work and I did most of the reviewing.
Design Phases Most architects work in design phases.  These are described in the standard agreement …

Schematic Design Phase: 5%

Design Development Phase:  30%

Construction Documents Phase:  40%

Bidding or Negotiation Phase :  5%

Construction Phase:  20%

You can think of these as break points, between which would be a good time to decide if you want to continue with your architect.  I think most architects blend these together somewhat, particularly Design Development and Construction Documents.

You don’t need to hire the architect for all of these phases, or you perahaps you will touch on some only briefly.  For instance, we came to the architect at a pretty advanced stage and only touched on the Schematic Design Phase (as a santity check) and probably started a good percentage of the way into Design Development.    We will rely on the architect to complete our Design Development and all the construction drawings.  I don’t expect to use my architect for much of the bidding or negotiation phase, but I might have him out once or twice for the construction phase (I will be billed something like 180$ a trip ;))

Malcolm Wells

Malcolm wells drew this self deprecating image of himself. Quite a sense of humor. 😉

Malcolm Wells is the Frank Llyod Wright of earth sheltered architecture.  Except that he was very unsuccessful at actually getting much built…  I guess maybe Buckminster Fuller is a better comparison.  ;), but still, no page about finding an Earth Sheltered Architect would be complete without a mention of this (now deceased) architect.  His books are nicely illustrated and often “hand written”.  They are a not always so helpful as techincal manuals, but his humorous and self deprecating style make them a pleasure to read, particularly for anyone considering building an earth sheltered home.

You can find an interesting page about him here…  I recommend subscribing to the Yahoo Group to get in contact with other earth sheltered architects, builders and home owners.

Malcolm Wells’ books are often “hand written” and full of nice illustrations like this.