We represented a design-builder to negotiate a complex, time-sensitive, $1 million AIA Document A141–2014, Agreement Between Owner and Design-Builder for renovations to the upper floors of an early 20th-century commercial hotel in a historic urban neighborhood. The aggressive 90-day project schedule included liquidated damages provisions. The project was complicated by pre-existing conditions, including incomplete prior renovations, unresolved permitting issues resulting in a stop-work order from the city, and the need to incorporate both owner-supplied materials and equipment procured by the prior contractor. The agreement addressed the transfer of intellectual property rights for existing design documents from a predecessor architect and protects the design-builder from responsibility for pre-existing design and construction issues, and pre-existing project complications, including indemnification provisions.
