67 Erie Street, Cellar
Bright Architecture shall provide services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.
The Owner shall provide information in a timely manner regarding the requirements for and limitations on the Project, including a written program setting forth your objectives, schedule, constraints and criteria, space requirements and relationships, special equipment, systems and site requirements.
Bright Architecture shall be entitled to reasonably rely on the accuracy of information and approvals furnished by the Owner.Expenses shall be reimbursed at cost plus 20% and include:
• Transportation and authorized out-of-town travel
• Fees paid for permitting
• Printing and plotting
• Postage, handling, and delivery
• Other similar expenses
The Owner shall provide the Architect reasonable access to the completed Project to obtain photographic or artistic representations so long as Architect remains the Architect of Record for the duration of the Project. With the Owner’s prior written approval, which may not be unreasonably withheld, Architect shall have the right to include these representations in promotional and professional materials.
All claims and causes of action, whether in contract, tort, or otherwise, by the Owner against the Architect arising out of or related to the Contract shall be commenced within the period specified by applicable law, but in any case no more than three (3) years after the date of substantial completion of the work. The Owner waives all claims and causes of action not commenced in accordance with this provision.
To the extent damages are covered by property insurance, the Owner waives all rights against the Architect and against the contractors, consultants, agents and employees of the Architect for damages, except such rights as they may have to the proceeds of such insurance.
The Owner shall require of its contractors, consultants, agents and employees similar waivers in favor of the Architect and its contractors, consultants, agents and employees.The Owner waives consequential damages for claims, disputes or other matters in question arising out of or relating to the Contract. This waiver is applicable, without limitation, to all consequential damages due to the Architect’s termination of the Contract.
Any claim, dispute, or other matter in question arising out of or related to this Contract shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Contract. The Arbitration shall be held in the City of New York, Nassau County or Westchester County in the State of New York, unless another location is mutually agreed upon. The final decision and award rendered by the Arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Bright Architecture shall be deemed the authors and owners of their respective Instruments of Service, including but not limited to drawings, schedules, specifications, models and renderings. Such Instruments of Service are and shall remain the sole and exclusive property of the Architect and/or its consultants whether the Project for which they are prepared is executed or not, and the Architect and its consultants retain all statutory, common law, and other reserved rights, including copyrights. Notwithstanding the foregoing, the Architect will not use the Project design as pertains to the Owner’s brand and identity in whole or in part for another client with a project of similar scope and objectives.
The Owner shall be permitted to retain copies of the Instruments of Service for information and reference in connection with the Owner’s use and occupancy of the Project. The Architect grants to the Owner a nonexclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, and maintaining the Project, provided that the Owner substantially performs its obligations under the Contract.
If the Architect rightfully terminates the Contract for cause the license granted in this section shall terminate. The Instruments of Service shall not be used by the Owner for other projects, or for additions, alterations, or completion of the Project by others except by agreement in writing.
In the event that the Owner uses the Instruments of Service in any way not authorized, the Owner releases the Architect and Architect’s consultants from all claims and causes of action arising from such use. The Owner, to the extent permitted by law, further agrees to defend, indemnify and hold harmless the Architect, its contractors, consultants, agents and employees against any and all claims arising out of or in connection with such use.The Owner shall include reference to the Architect as the designer for the Project in any publication of photographs or other representations of the Project which the Owner publishes or causes to be published.
This Contract represents the entire understanding between the parties concerning the Project and supersedes all prior negotiations, representations or agreements, either written or oral.
This Contract may be amended only by an agreement in writing, signed by both parties.
This Contract shall be governed by the law of the State of New York without regard to conflicts of laws principles.
If any provision of this Contract is held unenforceable by a court of competent jurisdiction in the State of New York, then such provision will be modified to reflect the parties’ intention. All remaining provisions of the Contract shall remain in full force and effect.