We represented an architecture firm to negotiate a “walk-away” agreement, including mutual releases and a design document license, with the owner of an assisted living facility project undergoing conversion to a skilled nursing facility. To reduce costs, the owner opted to forego the architect’s construction administration services after the completion of schematic design, design development, construction documents, and bidding phases. While foregoing construction administration services can increase risk for the architect, the agreement protects the architect from future liability related to the project while still letting the owner utilize the completed design documents with a successor architect. This agreement includes a detailed license for the use of the instruments of service, specific protocols for the successor architect’s responsibilities, and mutual releases of claims. This approach let the architect accommodate the owner’s budget constraints while mitigating potential future liabilities.
