Contractors` rights to use services are exposed to Section 1.5.2 of AIA A201-2007. Contractors are limited to using the documents necessary to carry out the volume of work of each contractor, as defined in the agreement of each contractor with the owner. The contractor may not use the services for other projects or for work outside its scope, unless the owner and architect admit this use in writing. The owner can also terminate the architect for convenience. Section 9.5 of the AIA B201-2007 document allows the owner to terminate the architect for convenience after 7 days of written communication, for owner`s reasons and without reason. In this scenario, the owner`s license for the use of the Services is complete. The owner`s rights to use the services are set out in AIA B101-2007, the standard form of the agreement between the owner and the architect. In Section 7.3 of this document, the owner receives a non-exclusive license for the use of construction, maintenance and project modification services. This license allows the owner, contractors and equipment suppliers to order the use of service tools to complete the project. The owners and the architect should define the specific termination fees in the owner-architect agreement. The owner will know these additional costs before terminating the architect for convenience and can take this amount into account in his decision.
The owner`s licence for the use of the services may be terminated if the architect „rightly terminates” the contract pursuant to Section 9.4 of the AIA B101-2007 document. If the owner does not comply with his obligations under the agreement and the architect is not responsible for the owner`s non-compliance, the architect can terminate the contract and the license is automatically terminated. But what about the owner`s right to use the design? Does the contractor have rights to the architect`s work product? Who can use the design if the architect is licensed by the owner? Can the owner use the design if the owner violates the owner-architect agreement? In this article, we will examine these issues and hopefully shed light on the rights of each party to use the work product produced by the architect.