We represented an architecture firm to negotiate a contract amendment by which its developer client terminated their Owner-Architect Agreement, for convenience, on a 350-unit residential development when our client and the project owner had irreconcilable differences related to seeking governmental approvals. This was a win-win for both parties which allowed them to step off the path toward formal dispute resolution proceedings. The amendment allowed the developer to bring in a new architect of record for the later phases of the project, requiring a successor design professional for any additional architecture required by governmental entities, while releasing our client from all further obligations. The agreement included payment of past due fees for services rendered by our client, a limited license which allowed the project owner to use our client’s construction documents and included provisions protecting our client from future liability. It also preserved our client’s right to participate in future design-intent review meetings and site observations, if demanded by governmental entities with jurisdiction over the project.
