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Architect Agreement template
Architect Agreement sample

What is Architect Agreement?

Architect Agreement Defines the scope of architectural services for a construction project, including design, specifications, and architect's fees.

Sample template:

Architect Agreement for Maplewood Residence Renovation Project

This Architect Agreement ("Agreement") is entered into as of [Date], by and between [Client Name] ("Client") and EcoDesign Studios LLC ("Architect"). The parties agree as follows:

1. Scope of Architectural Services

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. Design Requirements

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. Architectural Fees

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.

4. Intellectual Property Rights

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.

5. Indemnification

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.

6. Governing Law

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.

7. Termination

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.

8. Dispute Resolution

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.

9. Entire Agreement

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.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

__________________________ __________________________
[Client Name] EcoDesign Studios LLC
(Client) (Architect)

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Common Sections of an Architect Agreement

In this Architect Agreement, you will see the following sections:

  1. Scope of Architectural Services
  2. Design Requirements
  3. Architectural Fees
  4. Intellectual Property Rights
  5. Indemnification
  6. Governing Law
  7. Termination
  8. Dispute Resolution
  9. Entire Agreement

Summary of each section:

  1. Scope of Architectural Services : This section outlines the specific services the architect will provide, such as design and planning, coordination with other professionals, and assistance with permits and approvals. Think of it as a list of tasks the architect is responsible for completing.

  2. Design Requirements : This section sets the expectations for the design of the project, including objectives, compliance with laws and regulations, and handling design revisions. It's like a blueprint for what the final design should achieve and how changes will be managed.

  3. Architectural Fees : This section details the payment structure for the architect's services, including a fixed fee, reimbursable expenses, and fees for additional services. It's like a price tag for the architect's work, broken down into different components.

  4. Intellectual Property Rights : This section explains that the client gets a license to use the architect's drawings and designs for the project, but the architect still owns the copyright. It's like buying a ticket to a movie – you can watch it, but you don't own the film.

  5. Indemnification : This section states that each party will protect the other from any legal claims or losses resulting from their own negligence or breach of the agreement. It's like a safety net, ensuring that both parties take responsibility for their actions.

  6. Governing Law : This section specifies which state's laws will be used to interpret and enforce the agreement. It's like choosing the rulebook that will be used if there's a disagreement.

  7. Termination : This section explains how either party can end the agreement if the other party fails to fix a significant problem. It's like an escape hatch if things go wrong.

  8. Dispute Resolution : This section outlines the process for resolving any disagreements between the parties, starting with negotiation and then moving to binding arbitration if necessary. It's like a roadmap for finding a solution if the parties can't agree.

  9. Entire Agreement : This section states that the written agreement, along with any attachments, is the complete understanding between the parties and replaces any previous discussions or agreements. It's like a final summary, making sure everyone is on the same page.

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