Wow, who would have thought contracts could be so much fun! In setting up the tri-party agreement for the Mosaic Centre, we had to start from an Integrated Project Delivery (IPD) template that was provided by Hanson Bridgett, a legal firm from the U.S. In Canada, we typically use the Royal Architectural Institute of Canada (RAIC) standard contract document for an agreement between owner and architect and then facilitate a separate contract between owner and contractor. So when we are asked to use something different, the fun begins. With Integrated Project Delivery, we know we are collaborating closely with the client and contractor and our hope is a more engaged, congenial team.
Unfortunately, the contracts that create agreements between different parties never seem to look at things in a positive, friendly manner. They usually spell out who is liable or rather not liable for certain things. The contracts set out who needs to “hold harmless” or indemnify others in an effort to make professional liability insurance companies happy. In creating an IPD contract, we had to basically re-write the way we make agreements and allow them to work three ways to our mutual agreement.
It took some doing but in the end, we were able to make all (even our insurance company) happy with the particulars.
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