The contract documents published by the American Institute of Architects are probably the most widely used private construction contract forms in this country. They assign a unique role to the project architect. Although retained by the project owner, the architect serves as the neutral arbiter of contractor compliance with the requirements of the contract.

The architect’s approval, or certification, is required for many significant events: progress payments to the contractor; release of retainage to the contractor; acceptance of the contractor’s work. But it is not just the contractor that is dependent on architect certification. It can also be a prerequisite to the project owner’s exercise of its contractual rights.

In a recent Indiana case, a project owner terminated a contractor for default. The owner neglected, however, to obtain certification from the architect that sufficient cause existed to justify termination. Without the architect’s certification, the owner could not hold the contractor responsible for breach of contract.

Other cases this month involved the interplay between a specification and a contract special provision, as well as a question of the allowable period for acceptance of a subcontractor price proposal. The specification governed the issue at hand. And the subcontractor may have extended the acceptance period by submitting project related materials after the acceptance deadline.