Gerard,
If your "Paris" address is indeed the one near Versailles, then perhaps the AIA-US Department of Justice anti-monopoly, anti-"price fixing" agreement won't apply to you.
Otherwise, don't expect any formal acknowledgment of fees, or even willingness to discuss actual numbers, from AIA.
That swept aside, I would consider:
1. What happens, over time, to your insurance premium due to the left-over liability due to you not being involved during the conclusion of the project? Cover yourself for that.
2. Were you planning on making money out of the job? And, if so, does terminating impact your cash flow for the rest of the job? [alternatively, not continuing to spend money on the job might be a savings to you]
3. Does the termination fee go up if the Owner doesn't provide a satisfactory release of responsibility form to you? And can your lawyer be the one who prepares it, for them to sign?
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Joel Niemi AIA
Joel Niemi Architect
Snohomish, WA
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Original Message:
Sent: 01-11-2018 09:46
From: Gerard Sullivan
Subject: Guidance for establishing a fee basis for a "licensing fee" type compensation arrangement between Owner and Architect. as stipulated in B101 section 11.9.
I'm looking for any guidance for establishing a fee basis for a "licensing fee" type compensation arrangement between Owner and Architect. as stipulated in B101 section 11.9. This arrangement is also sometimes referred to as a "termination fee".
"If the Owner terminates the Agreement for its convenience, or the Architect terminates the Agreement due to the Owner's suspension of the Project, B101 provides at Section 11.9 for the Owner to pay a licensing fee to the Architect for the Owner's continued use of the Architect's Instruments of Service. "
Please pass on any useful information you may come across. Thanks. GS
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Gerard Sullivan AIA
Principal
Gerard Sullivan Architect
Paris
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