We represented an interior designer to negotiate an AIA Document C401-2017, Agreement Between Architect and Consultant, with an international architecture firm for a major casino and hotel project. Our client’s limited negotiating leverage required a strategic approach focused on protecting their interests within the constraints of the prime agreement between the owner and architect. We emphasized to our client the importance of reviewing the prime agreement before finalizing the subconsultant agreement to identify potential flow-down risks related to insurability, scope, and dispute resolution. We also focused on delineating the designer’s scope of services within the -2017 to reduce potential liability for the potential mistakes of other designers and to ensure efficient fee collection. Our guidance focused on achieving the best outcome for the designer within the limitations imposed by working on a large, complex project of this nature.
