Hi, Folks ---
Wow, Mr. George, my sympathies.
One thing I watch for is how my Design meetings with the Client go, how a Client
treats ME. In 31 years on my own, I've had one job that died a "natural death" (never got built), after many, long, dreary, indecisive, hemmin'-&-hawin', etc., Design meetings. This was, sure-'nuff, for a tiny, fixed-fee (it was a tough year, early '90s) job!
And then there was the other one, not so long ago. On about meeting #6, "half the client", who'd been contentious when the other half couldn't make it, just went nuts. I did my only-ever
walk-out, 12 minutes into the meeting! A portion of the Retainer was refunded, with the usual disclaimers included, and there's been not a peep since. The additions have been built; they look "kinda" familiar...
My point is --- Someone who's gonna treat the G.C. that way, might show their stripes
with you, in Design, etc.
Then --- You can leave, and/or hope bidders will see the Client's nasty disposition...
My background --- I'm by myself, doing often-very-small projects, private work only. My Contract of choice is the AIA B-105, with 8 additional clauses (on "P. 4"). It incorporates my whole standard, custom
Proposal for Services, upon which the Retainer gets paid. The
Proposal includes language explaining that Design is a
subjective process, and that I reserve the right to
unilaterally withdraw from the project.
Another factor that helps me, I believe, is that I generally work with real, middle-class people! Much more pleasant, and appreciative, and I've developed some nice friendships with Clients. The pay's more modest, but the work is good.
Good luck!
Thanks ---
Bill -------------------------------------------
William Devlin AIA
William J. Devlin, AIA, Inc.
Springfield MA
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Original Message:
Sent: 07-20-2015 17:34
From: Donald Wardlaw
Subject: Termination of contract with Owner
If I as architect were in that situation, my first thought would be, Big jerks usually do themselves in without further assistance. The contractor will be in the strong position if it is the owner that violates the terms of the contract.
If I were to pull the contractor aside, I'd say, "follow your contract obligations exactly, document in writing all instructions and comments going forward, copy to all members of the team, and be careful about performing any work without the authorization the contract requires."
As architect, I'd want to make sure that I also was performing my duties correctly and to my highest level of care because the cross-fire could get dangerous.
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Donald Wardlaw AIA
More Than Construction, Inc.
Oakland CA
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Original Message:
Sent: 07-17-2015 15:02
From: Robert George
Subject: Termination of contract with Owner
I never dreamed that project would come to this, but here goes. My client ( or at least half of my client...) has exhibited extraordinarily bad behavior toward the contractor over the course of construction a residential remodel project. This includes more than the usual host of changes before and after some feature had already been built. Booze and drugs are part of this ugly behavior. Decisions are made and reversed a day or two later, and sometimes small objects are hurled. AIA contract forms include provisions for the owner to terminate the contractor, but they provide little for the contractor to hang his hat on when he wants to leave the project early. Has anybody out there dealt with anything like this before? I've already advised the contractor to seek legal help.
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Robert George FAIA
Robert S. George, FAIA, Architect
San Bruno CA
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