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AIA Document B103™ – 2017. Copyright © 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute
<br />of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This
<br />draft was produced by AIA software at 17:16:58 ET on 06/30/2022 under Order No.2114330455 which expires on 06/13/2023, is not for resale,
<br />is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report
<br />copyright violations, e-mail copyright@aia.org.
<br />User Notes: (963532884)
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<br />§ 6.3 The Owner shall require the Cost Consultant to include appropriate contingencies for design, bidding or
<br />negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be
<br />entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Cost Consultant prepares
<br />as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions
<br />to the Drawings, Specifications or other documents required due to the Cost Consultant’s inaccuracies or
<br />incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably
<br />anticipate. The Architect may review the Cost Consultant’s estimates solely for the Architect’s guidance in
<br />completion of its services, however, the Architect shall report to the Owner any material inaccuracies and
<br />inconsistencies noted during any such review.
<br />§ 6.4 If, prior to the conclusion of the Design Development Phase, the Cost Consultant’s estimate of the Cost of the
<br />Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Cost Consultant,
<br />shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of
<br />the Work, and the Owner shall cooperate with the Architect in making such adjustments.
<br />§ 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the
<br />Owner’s budget for the Cost of the Work, the Owner shall
<br />.1 give written approval of an increase in the budget for the Cost of the Work;
<br />.2 terminate in accordance with Section 9.5;
<br />.3 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
<br />the Cost of the Work; or,
<br />.4 implement any other mutually acceptable alternative.
<br />§ 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall
<br />incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for
<br />the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under
<br />Section 6.5.1. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s
<br />responsibility under this Article 6. If the Architect is required to make revisions to the Contract Documents, the
<br />Architect shall be entitled to compensation, as an Additional Services for changes to Contract Documents that result
<br />from (1) scope changes directed by the Owner that materially impact costs, (2) marker fluctuation in the price of
<br />construction goods and services that could not have been reasonably anticipated by Architect, (3) revisions to the
<br />Contract Documents directed by the Owner that resulted in an increase in the Construction Budget, or (4) matters
<br />beyond the reasonable control of Architect.
<br />§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
<br />required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that
<br />exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the
<br />Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment.
<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<br />§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
<br />transmitting party is the copyright owner of such information or has permission from the copyright owner to
<br />transmit such information for its use on the Project.
<br />§ 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
<br />Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
<br />other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
<br />regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
<br />in derogation of the reserved rights of the Architect and the Architect’s consultants.
<br />§ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely
<br />and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the
<br />Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due
<br />pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s
<br />consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize
<br />the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate
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