Architect Agreement Defines the scope of architectural services for a construction project, including design, specifications, and architect's fees.
1.1. Design and Planning Services
Architect shall provide design and planning services necessary for the renovation of the Maplewood Residence ("Project"), including preliminary design, design development, permit drawings, and construction drawings.
1.2. Design Coordination
Architect shall coordinate design work with other consultants, architects, engineers, or sub-contractors that may be necessary for the Project. Architect shall obtain Client's prior written approval for the engagement of any such professionals.
1.3. Permitting and Approval Assistance
Architect shall assist Client in obtaining the necessary permits and approvals required for the Project. Architect shall prepare and submit necessary documentation and drawings to the applicable authorities and respond to any questions or comments during the permit review process.
2.1. Design Objectives
Architect shall design the Project in compliance with the functional, aesthetic, and budgetary objectives set forth by the Client or as mutually developed during the design process.
2.2. Compliance with Laws and Regulations
Architect shall ensure that the design of the Project complies with all applicable federal, state, and local laws, regulations, codes, and ordinances, including but not limited to building codes, zoning regulations, and energy conservation standards.
2.3. Design Revisions
Incorporation or consideration of Client's requested design changes during the design process shall be subject to Architect's reasonable discretion. Architect shall submit revised drawings and/or documents to Client for review and approval prior to incorporating such changes into the Project.
3.1. Fixed Fee
For architectural services rendered under this Agreement, Client shall pay Architect a fixed fee of [Fixed Fee Amount] USD, payable in the following installments:
a) [Initial Deposit Amount] USD upon execution of this Agreement;
b) [Design Development Fee Amount] USD upon completion of design development;
c) [Permit Drawing Fee Amount] USD upon submission of permit drawings to authorities; and
d) [Construction Drawing Fee Amount] USD upon completion of construction drawings.
3.2. Reimbursable Expenses
Client shall reimburse Architect for all reasonable and necessary out-of-pocket expenses incurred by Architect in connection with the performance of services under this Agreement, including but not limited to costs for printing, reproduction, postage, and courier services, upon receipt of an itemized invoice from Architect.
3.3. Additional Services
Architect shall notify Client in writing prior to performing any Additional Services not included in the scope of this Agreement, along with an estimate of the additional fees required for such services. Client shall provide written approval for Additional Services, and such services shall be billed separately at an hourly rate of [Hourly Rate] USD per hour.
Subject to full payment of the fees owing under this Agreement, Architect grants to Client a non-exclusive, royalty-free license to use the architectural drawings, designs, plans, and documentation prepared by Architect for the sole purpose of constructing, using, and maintaining the Project. Architect retains all common law, statutory, and other reserved rights, including copyright, in and to such drawings, designs, plans, and documentation.
Each party shall indemnify, defend, and hold harmless the other party and its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of or resulting from that party's negligent act, omission, or breach of this Agreement; provided, however, that neither party shall be obligated to indemnify, defend, or hold harmless the other party to the extent any claim arises from the negligent act, omission, or breach of the other party.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which the Project is located, without regard to conflicts of law principles.
Either party may terminate this Agreement for cause upon thirty (30) days written notice of the other party's failure to cure a material breach. Upon termination, Architect shall be entitled to payment for all services rendered and reimbursable expenses incurred up to the date of termination.
Any dispute arising out of or relating to this Agreement shall be first attempted to be resolved amicably through good faith negotiations between the parties. If such negotiations are unsuccessful, the dispute shall thereafter be resolved through binding arbitration administered by the American Arbitration Association in accordance with its commercial rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
This Agreement, together with any written exhibits, attachments, and schedules, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to such subject matter.
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