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Appeals court hears fee dispute between architect RFA and Carrollton West Pet Hospital over "total cost or estimated cost" language
Summary
The Massachusetts Appeals Court heard argument Oct. 3 in Rauhaus Friedenfeld Associates v. Carrollton West Pet Hospital, a dispute over how to calculate an architect's percentage fee when a construction contract, partial owner self-performance and incomplete work complicate the measure of "total cost."
The Massachusetts Appeals Court on Oct. 3 heard argument in Rauhaus Friedenfeld Associates v. Carrollton West Pet Hospital, a contract-fee dispute over how to calculate an architect's fee when the parties executed an AIA-style prime contract and significant site work later was self-performed by the owner.
Appellant counsel Joe Camenzo asked the court to remand to the trial court for additional evidence about actual construction costs and market-value measures, arguing the trial court misread the prime contract and improperly concluded total cost could not be calculated because the project was only "50% complete." Counsel said that when an owner and contractor have an…
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