Time performance warranties

Sometimes architects enter into forms of engagement that differ from standard Institute Client and Architect Agreements where conditions require the architect to warrant that architectural services will be performed within a stated time. Such a warranty usually carries with it some form of penalty for non-performance. This is especially likely where the client is also under penalty for non-performance as to time. Such can be the case where the contract procurement method is a design-and-construct or other non-traditional form of contract, in which the deliverer of the project is in contract with the owner, developer or project manager to deliver the completed project 'on time', and the architect is in contract with the deliverer.