C402 differs from C401 in several respects and is not a short or abbreviated version of C401. On the one hand, C402 maintains the C727 approach by not referring to the main agreement and by requiring the parties to define or attach a description of the scope of the advisor`s benefits. A second possibility, which differs from C402, is how c727 is not tracked in most areas of the agreement. However, with the 2018 update, two sections of C402 were added to a limited stream of the Prime agreement: copyright and licensing, and payment terms. In B101, the architect is required to lower the licensing requirements to all advisors and thus grant the owner a non-exclusive license for the use of the advisor`s service tools for the construction, use, maintenance, modification and addition of the project. The license allows the owner to authorize all others who perform services or construction for the project to reproduce the applicable parts of the performance instruments. To prevent the architect from violating his contract with the owner, C402 lowers this application for a licence to consultants. In this way, advisors also grant a non-exclusive license to the owner to use their services. The payment language has also been updated to be closer to the C401 concept, i.e. payments to the advisor are made immediately after the architect has received payment from the owner. Because projects become more complicated – and if consulting expertise is specialized beyond standard, mechanical and electrical design – not all consultants fit well under the roof of the C401. This applies in particular to consultants who are involved in only one phase of the project or to consultants acting as the direct arm of the architect`s design team, such as. B a specification recorder or hardware advisor.
Agreements for these advisors do not necessarily have to be attached to the terms of the main agreement between the owner and the architect. In such cases, architects should choose C402-2018, the standard form of the agreement between the architect and the advisor for special services. For many architects who are introduced into the contracts, B101-2017 is the basic owner-architect agreement and the first tool that an architect should wear in his tool belt contracts. While it is important for architects to always execute a written agreement with an owner, it is equally important for architects to enter into written agreements with their advisors. Enter C401-2017, the standard contract form between the architect and the advisor, the second tool for the tool belt for contracts. Although c401 shorter than C401, C402 is still a robust agreement with sections that offer both the architect and the advisor protection: perimeter definition, each party`s responsibilities, copyright, claims and litigation, termination and compensation. The C402 is suitable for consultants who offer limited volume or specialized services that do not go through all typical design steps, such as consultants.B. consultants who provide renderings, planning services, feasibility studies, specification services, hardware schedules, elevator analysis and safety design. If an architect has to link an advisor to the main agreement or if consultants are involved in a project from conception 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-advisors. This section outlines aspects of the contract that specifically relate to the project to which the contract relates.