C402 has been available as C727-1992 for many years. In 2018, it was renumbered to reflect its status as a sub-agreement within the conventional family of EAR documents. The layout and language of C402 includes important organization and content of B101 and C401. This can be seen in the table of articles, as well as in the sections that define the protocols for the transmission and use of digital data and define the additional services of the consultant. For many architects who are introduced to contracts, B101-2017 is the basic owner-architect agreement and the first tool an architect should wear in their contractual tool belt. While it is important for architects to always sign a written agreement with an owner, it is equally important for architects to enter into written agreements with their consultants. Enter C401-2017, the standard form of agreement between architect and consultant, the second tool for the contractual tool belt. Another significant difference between C401 and C402 is the standard power supply. While C402 includes updated language to align with the standard of care defined in B101, C402 does not add the extended language of C401, which states that if the standard of care in the main agreement differs from that of C401, the consultant must follow the standard of processing of the main agreement. This further reinforces the limited exit from the C402 agreement. Although shorter than C401, C402 is still a solid agreement with sections that ensure the protection of the architect and consultant: definition of scope, responsibilities of each party, copyrights, claims and disputes, termination and compensation. C402 is suitable for consultants who offer limited scope or specialized services that do not cover all typical phases of design, such as.
B consultants who provide renderings, planning services, feasibility studies, specification writing services, material plans, elevator analysis and safety design. If an architect needs to bind a consultant to the main agreement, or if consultants are involved in a project from design to construction, C401 is appropriate. The C401 is also intended for consultants who provide the usual and usual mechanical, electrical and structural services, or consultants who hire their own sub-consultants. An update to the C402 language for dispute resolution added mediation as a condition precedent for binding dispute resolution. For binding dispute resolution, parties can now choose between arbitration, litigation or another method such as B101. Bill C727 did not arbitrate as the only form of dispute resolution. C402 follows the original intent of C727 and does not bind the consultant to the dispute resolution of the main agreement. A second way the C402 differs is how the flowless approach of the C727 is maintained in most areas of the agreement. However, with the 2018 update, a limited flow of the main agreement was added to two sections of C402: copyright and licensing, and payment terms. In B101, the architect is required to pass on the terms of the license to all consultants, thus granting the owner a non-exclusive license to use the consultant`s service tools for construction, use, maintenance, modification and addition to the project. The license allows the Owner to authorize all other persons who perform services or constructions for the Project to reproduce the corresponding parts of the Service Instruments. To prevent the architect from violating his contract with the owner, C402 forwards this license application to consultants.
In this way, consultants also grant the owner a non-exclusive license to use their service tools. The payment language has also been updated to better fit the C401 concept that payments to the consultant are made immediately after the architect has received payment from the owner. When choosing the form of the contract, it is important to understand all the options and choose the agreement that best suits the needs and objectives of the project. With the C402, architects now have a third useful tool that they can add to their contract tool belt. C402 differs from C401 in several ways and is not a short or abbreviated version of C401. On the one hand, C402 maintains C727`s approach by not referring to the main agreement and by requiring the parties to define or attach a description of the scope of the consultant`s services. As projects become more complicated and the consultant`s expertise specializes beyond standard structural, mechanical and electrical design, not all consultants fall within the scope of the C401. This is especially true for consultants who are only involved in a single project phase, or for consultants who act as a direct arm of the architect`s design team, for example. B as specification writers or hardware consultants. Agreements for these consultants do not necessarily have to be bound by the terms of the main agreement between the owner and the architect.
In such cases, architects should choose C402-2018, the standard form of agreement between the architect and the consultant for special services. C101–2018, Joint Venture Agreement for Professional Services B161–2002 (formerly B611INT–2002), Standard Client-Consultant Agreement Form for Use When the Project Is Located Outside the United States. B108–2009 (formerly B181–1994), standard form of agreement between owner and architect for a project financed or insured by the State C401–2017, standard form of agreement between architect and consultant. . . .