An Administrator's Guide to California Private School Law

Chapter 17 – Construction

 Explain the procedure the architect and the school will use to accommodate additional architectural services beyond the agreed-upon basic services. For

instance, must the architect obtain written pre-approval from the school before commencing additional services? How will the school compensate the architect for additional services?  Describe the procedure either party may use to terminate the contract. 2328 Architect agreements should contain the following provisions in addition to the statutorily required provisions:  Applicable timelines of the architect’s services.

 Requirement that architect personally visit the project site prior to design to observe and visually verify any “as-built” conditions. This helps ensure plans and specifications prepared by the architect accurately reflect the actual conditions of the project site.  Requirement that the architect prepare detailed record drawings upon completion of the project that incorporate all changes from the as-built drawings and other documents.  Agreement that the architect’s performance period is reasonable. This provision prevents claims by the architect that the school’s requested performance period is too short or unreasonable.  Requirement that the architect respond to submittals and requests for information within an agreed-upon period of time to avoid delaying the project. Schools should ensure this time period matches the time periods set forth in the contractor’s agreement.  Insurance in the form of commercial general and automobile liability, professional liability, and workers’ compensation. (See discussion in Section 6.)  Provisions addressing the ownership and use of the plans and specifications prepared for the project, including after expiration or termination of the agreement. For example, if the school terminates the agreement, does the school have the right to use the plans and specifications to complete the project? After the project is completed, does the school have the right to use the plans and specifications to make repairs or for other projects?

An architect may prohibit a school from using its materials or assistance on a project if a dispute or other issue arises prior to completion. 2329 To avoid this issue, a school should have the architect provide its express written consent in the contract that the school may use the architect’s materials, assistance, or work product to complete the project even if a dispute or other issue arises.

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An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 559