What you need to know about
This architect contract documents an agreement that you have made with a professional architect.
- Creating a template service contract for your architecture firm
- Hiring an architect for your construction project
Whether you are constructing a new building or remodeling your bathroom, you may want to consider hiring an architect.
Professional architects possess the skills and knowhow to design your building exactly to your liking. Hiring an architect can also help your construction project go smoothly, as these trained professionals are often experienced at navigating building codes and zoning laws. Also, because they are involved in the construction and design of so many buildings over the course of their careers, architects can often be valuable points of contact in professional networks of carpenters, construction companies, interior designers, and so on.
Although some people are turned off by the cost, hiring an architect can save you or your business money in the long run. Architects can help your project go more efficiently, and they can use their expertise to make sure you are getting the most out of your construction budget. Additionally, an architect can help design and select efficient materials and systems that make sure your building suits your needs as cheaply and easily as possible.
If you decide to hire an architect, use this interactive form to create an architect contract. It is critical to spell out exactly what you want when it comes to a construction or remodel project, and this step-by-step guide will help you make sure you have everything covered.
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This Architect Contract (this “Contract”) is made and entered into on _______________, 20____ (the “Effective Date”) by and between ________________________ (“Architect”) and ___________________ (“Owner”). Architect and Owner collectively referred to herein as the “Parties”, and are sometimes referred to individuals as a “Party”.
Owner desires to retain Architect to perform certain architectural services and Architect wishes to perform certain architectural services for Owner pursuant to the terms of this Contract.
NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:
- SCOPE OF WORK for SERVICES. The scope of work shall consist of designing & providing construction documents for the specifications attached as Exhibit A (the “Project”). The Project will be designed as per owner and tenant specifications and requirements.
- EXCLUSIONS FROM THE SCOPE OF WORK. Excluded from the scope of services is any work not specified under Exhibit A, including but not limited to __________________.
- PHASES OF WORK. The phases of work will consist of the following:
- Design Development Phase The Architect will prepare documents showing the existing conditions and the proposed modifications based on Owner’s layout and requirements. The Design Development Documents which shall illustrate and describe the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. These plans shall be submitted to the Owner for approval. The Owner will review the design with his experts and provide comments for adjustments. This approval will complete the Design Development Phase of the Services.
- Permitting Phase Upon completion of the construction documents, the Architect will assist Owner with expediting the appropriate permits. The Owner will be diligent in providing all required signatures and payments of fees when the Architect notifies him they are due. The Architect will not be responsible for the duration of the permitting process. The Architect will use due diligence in meeting with all departments in order to assist them in their approvals.
- Construction Administration Phase. All construction administration will be performed only at the request of the Owner. During the construction the Architect can assist by providing review of shop drawings, responding to Architect generated RFI’s, site visits to review construction progress and verification of payment applications by the Architect, etc. Any hourly time spent in construction administration and/or site visits requested by the Owner will be billed on an hourly basis at the rates listed in Section 6 of this Contract.
- OWNER’S RESPONSIBILITIES.
- The Owner will provide the Architect with any documentation that may be required by the permitting officials during the permit process, even if it is not outlined in the Scope of Work above.
- The Owner will provide checks to pay for all permit fees during the permitting process, in a timely manner.
- CONTRACT PRICE AND PAYMNENT TERMS.
Owner shall pay the Architect the total amount of $____________, subject to additions and deductions pursuant to the terms of this Contract (the “Contract Price”). The Contract Price shall be paid in the following installments:
- Initial Deposit in the amount of $_____________due upon signing this Contract.
- $___________ due upon completion of ___________________________
- $___________ due upon final completion.
- Each installment will be invoiced to Owner when Architect has met the required work completed. Payment of the invoices will be due within two (2) business days of the invoice date. Invoices that are not paid within two (2) business days from the date of the invoice will bear interest on the outstanding balance at the rate of _______ percent (_____%) per month.
- All returned checks will be assessed the maximum fees allowed by law for NSF checks.
- In the event this Contract is terminated by the Owner before its completion, any and all associated costs incurred by the Architect in the performance of their obligations related to the execution of the Contract to date, shall be paid by the Owner. In no case shall this amount exceed the total contract amount stipulated above.
- ADDITIONAL SERVICES. Any revisions to the work after the Design Development Phase is approved by the Owner or any additional services requested by the Owner not included on Exhibit A, shall be billed to the Owner on an hourly basis at a rate of $_______ hour.
- WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by _________________ in connection with the Project shall be the exclusive property of _________________. Upon request, _________________ shall sign all documents necessary to confirm or perfect the exclusive ownership of the _________________ to the Work Product.
- DISPUTE RESOLUTION.
- The parties agree that any and all disputes that arise between them and related to this Contract will be resolved through binding arbitration administered by the American Arbitration Association using their Construction Industry Rules. OWNER AGREES, UNDERSTANDS, AND ACKNOWLEDGES THAT BY AGREEING TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION, OWNER IS GIVING UP THEIR RIGHT TO HAVE ANY DISPUTE DECIDED BY A JUDGE OR JURY IN A COURT OF LAW. Each party will bear its own costs and expenses to participate in arbitration, but the parties will equally share the arbitrator’s expenses. The arbitrator shall have no authority to award punitive damages to either party.
- Unless prohibited by law, all claims or disputes must be brought within the applicable statute of limitations, or 2 years of final completion of the Project, whichever is less.
- Unless the parties agree otherwise in writing at the time of the dispute, the arbitration proceedings will be held in the county where the Owner(s) resides.
- To the fullest extent permitted by law, Architect shall indemnify and hold harmless Owner from all claims for bodily injury and property damage, other than to the Work itself and other property insured pursuant to this Contract, but only to the extent caused by the negligent or intentionally wrongful acts or omissions of Architect, subcontractor, suppliers, or anyone directly or indirectly by any of them or by anyone for whose acts of them may be liable.
- To the fullest extent permitted by law, Owner shall indemnify and hold harmless Architect, its officers, directors, or members, subcontractor, suppliers, or anyone employed directly or indirectly by any of them or anyone for whose acts any of the may be liable from all claims for bodily injury and property damage, other than property insured under this Contract, but only to the extent caused by the negligent or intentionally wrongful acts or omissions of Owner, or others retained by Owner. Owner shall be entitled to reimbursement of any defense costs paid above Owner’s percentage of liability for the underlying claim to the extent provided in the section immediately above.
- Governing Law. This Contract shall be construed under and in accordance with the laws of the State of _________.
- Binding Effect. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall confer any rights or benefits upon any person other than the parties hereto and their respective heirs, successors and assigns.
- Entire Agreement. This Contract contains the full and entire agreement between the parties hereto regarding the subject matter hereof, and all prior oral or written understandings or agreements between the parties with respect to this Contract or the Work are hereby canceled as of the date hereof.
- Amendment. This Contract shall not be amended or altered in any manner unless such amendment or alteration is in writing and signed by the parties hereto.
- Waiver. A waiver of a specific default shall not be a waiver of any other or subsequent default. No waiver by a party of any provisions hereof shall constitute a waiver of any other matter, and all waivers shall be in writing and executed by an officer of the waiving party. No failure on the part of any party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof.
- Severability. In the event any provision of this Contract is invalidated or unenforceable for any reason whatsoever, Owner and Architect hereby agree that this Contract shall, except as to such invalidated or unenforceable provision, continue to be in full force and effect.
- Assignment. The rights or duties of Architect under this Contract shall not be assigned or delegated without the prior written consent of Owner.
- Force Majeure. A party shall not be responsible for any failure or delay in performance of any obligations hereunder caused by interruptions occasioned by order or requisition of the government of the United States or any state or territory thereof, or any governmental subdivision, or any government or war activity, or embargoes, fire, riot, epidemic, flood, accident, disaster, strike, explosion, restraining order or decree of any court, Act of God, or any other cause beyond the reasonable control of a party which shall interfere with or hinder its obligations hereunder.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Effective Date first written above.
Description of the Work
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Find out next steps for your document.
___Review Carefully. Look over the document carefully to ensure it matches your intentions. It is legally binding.
___ Populate the Exhibit. Exhibit A needs to be completed.
___Sign the Contract. This document needs to be signed by both Owner and Architect. Electronic signatures are acceptable.
___Distribute Copies. Fully executed and compiled copies of this document should be provided to both Owner and Architect.
Disclaimer: It is strongly advised to have your contract reviewed or advised on by an attorney before entering into a legal relationship with another party. To speak with a lawyer about this contract or any other legal need, please visit LawTrades.com.