Construction or renovation projects demand a considerable amount of time, effort, and resources from the architect. Before working on a new architecture project for your client, settle all details with a legal architect agreement to clarify your interest. Download our free architect agreement template below and customize the contract according to the design and construction services you are providing.
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When an organization or an individual hires an architect, it is crucial to build a trusted relationship with them. With an architect agreement, the hiring party shall be sure that they have communicated their expectations of the working relationship.
An architect agreement is a legally binding document between architect and client for different sizes of construction projects. It includes the detailed provisions of major factors like the obligations and expectations taken care of by both the parties.
Using such agreement helps both parties to ensure that all the work is performed under relevant laws, regulations, codes of conduct, etc. The other factor is to protect the design and plans by the architect on the ownership of the work and intellectual property rights.
Get a Free Architect Agreement Template Below!To ensure an architecture project runs smoothly, it is necessary to draft an architect agreement based on relevant laws and regulations. Our architect agreement samples can be customized according to your project at hand. Forward the architect agreement form to your client before starting the project to ensure full transparency and avoid legal consequences in the future.
Usually the architect designs and crafts this agreement to build professional relationships with their clients. Their clients could be business owners, individuals, government organizations, or similar people seeking architectural services.
It is advisable to customize the agreement as per the architect firm or the service. In this way, the individuals won’t miss out on important terms or information in the agreement
Let’s look into details of key features included in this agreement:
Whether the work is of remodeling, restructuring, or redesigning, it needs to be mentioned in the agreement. Further, the personal details of the architect, its firm, license, and experience shall also be given.
The architect shall fully comply with the state regulations while designing or structuring the property listed in the architect agreement. Any breach of the provision without the knowledge of the owner shall be the architect's responsibility.
Until the initial closing of the mortgage for the property listed is completed, the architect shall provide all the services.
It is necessary for them to visit the property every week to monitor the work progress and ensure that the work is completed on time and is performed under the guidelines. Moreover, in case of any agreement breach during the visits, the architect shall notify the owner immediately.
During the length of the architectural agreement, the architect shall provide the required workforce, materials for construction, and other things needed to complete the project. However, all the cost shall be included in the final bill or at the time of expenses occurring by the owner.
Following the state regulation, both the parties shall hold adequate insurance if required by the architect agreement.
All the invoices provided by the architect shall be reviewed and could be paid until the sale of the property. The total cost and project estimates shall be provided in the agreement. Required changes shall be made under unforeseeable circumstances.
The architect should conduct a review of the project no later than a year following the conclusion of the agreement. This way, they can detect any recalls, defects, and deficiencies of all deliverables. The owner shall be notified upon any of such findings.
Both parties shall acknowledge that they agree to this agreement on their own free will. Moreover, the owner agrees that under no circumstances shall any term or provision to be fulfilled by a third party.
Get a Free Architect Agreement Template Below!To ensure an architecture project runs smoothly, it is necessary to draft an architect agreement based on relevant laws and regulations. Our architect agreement samples can be customized according to your project at hand. Forward the architect agreement form to your client before starting the project to ensure full transparency and avoid legal consequences in the future.
Before signing the agreement, the main body shall be read carefully to ensure that all the required information is included. Both parties need to have a signed copy with them. This could be used as proof in case any dispute arises which couldn’t be mutually solved by the parties.
Furthermore, to create your customized template, it is convenient for you to get your free samples on CocoSign.
This Agreement is made as of , 20___ (the “Effective Date”), by and between:
The Owner and the Architect agree as follows:
Architect agrees to perform the services specifically described in Exhibit 1 and all oth er professional services reasonably inferable from Exhibit 1 and necessary for complete performance of Architect’s obligations under this Agreement (collectively, “Architect’s Services”). To the extent of any conflict between the terms in Exhibit 1 and th is Agreement, the terms of this Agreement shall prevail.
Project Architect agrees and acknowledges that Owner is entering into this Agreement in reliance on Project Architect’s represented professional abilities with respect to performing Project Architect’s services, duties, and obligations under this Agreement. Project Architect shall perform its Services (i) with the professional skill and care ordinarily provided by competent architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and (ii) as expeditiously as is prudent considering the ordinary professional skill and care of a competent architect in accordance with the usual and customary prof essional standards of care, skill and diligence consistent with good architectural practices for architectural firms in Texas that provide professional design services for projects that are similar in size, scope, and budget to the Project, and (iii) in co mpliance with all applicable national, federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction. There are no obligations, commitments, or impediments of any kind known to the Project Architect that will limit or prevent performance by Project Architect of its services. Project Architect hereby agrees to correct, at its own cost, any of its Services, and the services of its consultants, that do not meet the standard of care.
Architect shall at all times provide sufficient personnel to accomplish Architect's Services in a timely manner. Architect shall manage its services, administer the Project and coordinate other professional services as necessary for the complete p erformance of Architect’s obligations under this Agreement.
Architect agrees to perform Architect's Services in compliance with all applicable national, federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the Project.
Architect's Services shall be reasonably accurate and free from material errors or omissions. Architect shall promptly correct any known or discovered error, omission, or other defect in th e plans, drawings, specifications, or other services provided by Architect without any additional cost or expense to Owner.
Architect shall designate a representative primarily responsible for Architect's Services under this Agreement. The designated representative shall act on behalf of Architect with respect to all phases of Architect's Services and shall be available as required for the benefit of the Project and Owner. The designated representative shall not be changed without prior approval of th e Owner, which approval shall not be unreasonably withheld.
The Project Architect shall carry such professional liability and errors and omissions insurance, covering the services provided under this Agreement, with a minimum limit of $500,000 each claim and $500,000 aggregate. The fees for such insurance will be at the expense of the Project Architect. Project Architect shall deliver a Certificate of Insurance indicating the expiration date, and existence, of the Project Architect’s professional liabil ity insurance before commencement or continuation of performance of the services under this Agreement.
THE OWNER'S RESPONSIBILITIES
The Owner shall provide the Architect with a full description of the requirements of the Project.
The Own er shall furnish surveys, geotechnical reports or other special investigations of the Project site as requested by the Architect and as reasonably necessary for the completion of Architect’s Services. The Owner shall furnish structural, mechanical, chemic al and other laboratory tests as reasonably required.
The Owner will review the Architect's drawings, specifications and other documents of service produced by Architect’s in the performance of its obligations under this Agreement (collectively the “Desi gn Documents”) as required. Owner will notify Architect of any design fault or defect in Architect’s Services or Design Documents of which Owner becomes aware.
The Owner shall furnish required information and services and shall render approvals and decis ions as expeditiously as necessary for the orderly progress of Architect's Services.
The Owner designates as its representative authorized to act in the Owner's behalf with respect to the Project.
OWNERSHIP AND USE OF DOCUMENTS
e Design Documents prepared by Architect as instruments of service are and shall remain the property of the Architect whether the Project for which they are created is executed or not. However, the Owner shall be permitted to retain copies, including repr oducible copies, of the Design Documents for information and reference in connection with the Owner’s use and occupancy of the Project. In addition, Owner shall have an irrevocable, paid-up, perpetual license and right, which shall survive the termination of this Agreement, to use the Design Documents and the ideas and designs contained in them for any purpose, with or without participation of the Architect.
5.1 To the extent that it is applicable, the dispute resolution pr ocess provided for in Chapter 2260 of the Texas Government Code shall be used by the Project Architect to resolve any claim for breach of contract made by Project Architect that is not resolved in the ordinary course of business between Project Architect a nd Owner.
5.1.1 Alternative Dispute Resolution Process. Owner may establish a dispute resolution process to be utilized in advance of that outlined in Tex. Gov’t Code, Chapter 2260.
5.1.2 Nothing herein shall hinder, prevent, or be construed as a waiver of Owner’s right to seek redress on any disputed matter in a court of competent jurisdiction.
5.1.3 In any litigation between the Owner and the Project Architect arising from this Agreement or this Project, neither party will be entitled to an award of l egal fees or costs in any judgment regardless which one is deemed the prevailing party.
5.1.4 Nothing herein shall waive or be construed as a waiver of the State’s sovereign immunity.
5.1.5 Neither the occurrence of an event giving rise to a breach of co ntract claim nor the pendency of a claim constitute grounds for the suspension of performance by Project Architect, in whole or in part. Owner and Project Architect agree that any periods set forth in this Agreement for notice and cure of defaults are not waived, delayed, or suspended by Chapter 2260 or this section.
5.1.6 In accordance with Chapter 2260, the Owner designates as its representative for the purpose of reviewing Architect's claim(s) and negotiating with Architect in an effort to resol ve such claim(s).
PROJECT TERMINATION OR SUSPENSION
Termination for Cause: This Agreement may be terminated by either party upon ten (10) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the terminating party and such failure is not fully cured prior to the expiration of the notice period. If a termination for cause under this section is later determined to be improper, the termination shall automatically convert to a t ermination for convenience and Project Architects recovery for termination shall be strictly limited to the compensation allowable under a termination for convenience.
Termination for Convenience: This agreement may be terminated for convenience by the O wner in whole or in part, upon at least ten (10) days written notice to the Architect.
Compensation: In the event of termination not the fault of the Architect, the Architect shall be entitled to compensation for all services satisfactorily performed to
the termination date, together with approved Reimbursable Expenses then due, provided Architect delivers to Owner statements, accounts, reports and other materials as required for payment along with all reports, documents and other materials prepared by Ar chitect prior to termination.
Entire Agreement . This Agreement supersedes all prior agreements, written or oral, between Architect and Owner and constitutes the entire and integrated Agreement and understanding betwee n the parties with respect to the subject matter of the Agreement. This Agreement may only be amended by a written instrument signed by both parties.
Assignment . This Agreement is a personal service contract for the services of Architect, and Architect ’s interest in this Agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party.
Applicable Law . This Agreement shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas without giving effect to principles of conflict of law.
Waiver . A delay or omission by either party in exercising any right or power under the Agreement shall not be construed as a waiver of that right or power. A waiver by either party of any term or condition of the Agreement shall not be construed as a waiver of any subsequent breach of that term or condition or of any other term or condition of the Agreement.
Severability . If any provision of this Agreement is dete rmined to be invalid or unenforceable in any respect, that determination shall not affect any other provision of this Agreement which shall be interpreted as if the invalid or unenforceable provision had not been included.
Independent Contractor . Archite ct recognizes that Architect is engaged as an independent contractor and acknowledges that Owner shall have no responsibility to provide Architect or its employees with any benefits normally associated with employee status. Architect will neither hold its elf out as nor claim to be an officer, partner, employee or agent of Owner.
Family Code Child Support Certification . Pursuant to Section 231.006, Texas Family Code , Contractor certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.
Franchise Tax Certification. A corporate or limited liability company Contractor certifies that it is not currently d elinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code , or that the corporation or limited liability company is exempt from the payment of such taxes, or that the corporation or limited liability company is an out-of-st ate corporation or limited liability company that is not subject to the Texas Franchise Tax, whichever is applicable.
Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008 and 2252.093, Texas Government Code , Contractor agrees that any payments owing to Contractor under this Agreement may be applied directly toward any debt or delinquency that Contractor owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.
Pr oprietary Interests . All information owned, possessed or used by Owner which is communicated to, learned, developed or otherwise acquired by Architect in the performance of services for Owner, which is not generally known to the public, shall be confidential and Architect shall not disclose any such confidential information, unless required by law. Architect shall not announce or advertise its engagement by Owner in connection with the Project or publicly release any information regarding the Project without the prior written approval of Owner.
Notices . All notices referenced in this Agreement shall be provided in writing. Notices shall be deemed effective when delivered by hand delivery or on the third business day after the notice is deposited in the U.S. Mail. Facsimile notices are deemed effective on the first business day following the date th e facsimile notice is received. Notices shall be sent to the following addresses:
