Any claims or disputes made during design, construction or post construction between the Client and Architect shall be submitted to non-binding mediation. Client and Architect agree to include a similar mediation agreement with all contractors, subcontractors, sub-consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.
Invoices for the Architect’s services shall be submitted, at the Firm’s option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, the Architect may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service.
The Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Architect, his or her officers, directors, employees, agents and sub-consultants from and against all damage, liability and cost, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance by any of the parties above names of the services under this agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct of the Architect.
This agreement may be terminated by the Client or the Architect should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the Architect for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
If, due to the Architect’s negligence (or sub-consultant of the Architect), a required item or component of the Project is omitted from the Architect’s construction documents, the Architect shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the Consultant be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project.
In recognition of the relative risks, rewards and benefits of the project to both the Client and the Architect, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Firm’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed five times the Architect’s fee. Such causes include, but are not limited to, the Architect’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty.