Architecture Development Contract

This Architecture Development Contract (the "Contract") is made and entered into as of [Date], by and between [Your Company Name], with its principal office located at [Your Company Address] (the "Architect"), and [Client Name], with its principal office located at [Client Address] (the "Client"). The Architect and Client may each be referred to herein individually as a "Party" and collectively as the "Parties."

WHEREAS, the Client desires to engage the Architect to provide architectural services for the development of [Project Name] (the "Project"), located at [Project Location];

WHEREAS, the Architect has agreed to provide such services in accordance with the terms and conditions set forth in this Contract;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereby agree as follows:

I. Scope of Work

The Architect agrees to provide the following architectural services for the Project:

1. Preliminary Design Phase

   • Conduct site analysis and feasibility studies.

   • Develop initial design concepts and sketches.

   • Provide a preliminary cost estimate.
     

2. Design Development Phase

   • Refine design concepts based on Client feedback.

   • Prepare detailed design drawings and specifications.

   • Coordinate with engineers and other consultants.
     

3. Construction Document Phase

   • Produce comprehensive construction documents.

   • Ensure compliance with all relevant building codes and regulations.

   • Submit documents for necessary approvals and permits.
     

4. Bidding and Negotiation Phase

   • Assist the Client in soliciting bids from contractors.

   • Evaluate bids and make recommendations.

   • Support contract negotiations.
     

5. Construction Administration Phase

   • Conduct site visits to monitor construction progress.

   • Review and approve contractor submittals.

   • Address any design-related issues that arise during construction.

II. Responsibilities of the Parties

A. Architect Responsibilities

1. Perform all services outlined in the Scope of Work with the highest standard of care and professionalism.

2. Communicate regularly with the Client, providing updates every two weeks.

3. Ensure that all work complies with applicable laws, codes, and regulations.

4. Obtain all necessary professional licenses and insurance coverage.

B. Client Responsibilities

1. Provide the Architect with all necessary information and access to the Project site.

2. Review and approve design documents in a timely manner.

3. Make payments to the Architect according to the payment schedule outlined in this Contract.

4. Obtain necessary financing for the Project.
   

III. Project Schedule

The Project shall be completed in accordance with the following schedule:

1. Preliminary Design: 30 days from the start date.

2. Design Development: 60 days following completion of previous phase.

3. Construction Document: 90 days following completion of previous phase.

4. Bidding and Negotiation: 30 days following completion of previous phase.

5. Construction Administration: Continuous through the completion of construction, estimated at 180 days.

Any changes to the Project Schedule must be agreed upon in writing by both Parties.

IV. Compensation

A. Compensation: The Client agrees to compensate the Architect for the services provided under this Contract as follows, where each phase is payable within 15 days of completion:

1. Preliminary Design: $50,000

2. Design Development: $100,000

3. Construction Document: $150,000

4. Bidding and Negotiation: $25,000

5. Construction Administration: $75,000, payable in monthly installments of $12,500 over 6 months.
   

B. Reimbursement: In addition to the fees outlined above, the Client shall reimburse the Architect for any pre-approved out-of-pocket expenses incurred during the course of the Project, such as travel and material costs, within 30 days of receipt of an invoice.

C. In Cases of Delays: This Compensation structure is based on the assumption that the Project will be completed within the timeframes outlined in the Project Schedule. Any significant delays or changes to the scope of work may result in additional fees, subject to mutual agreement and documented in a written amendment to this Contract.

V. Change Orders

A. Change Order Requests: All requests for changes to the Scope of Work must be submitted in writing by the Client. The Architect will review the request and provide an estimate of any additional costs and changes to the Project Schedule within 10 business days.

B. Approval Process: No change order shall be effective until it has been agreed upon in writing by both Parties. The Architect will not proceed with any additional work until a written change order has been approved.

C. Impact on Compensation and Schedule: Approved change orders may result in adjustments to the total compensation and/or the Project Schedule. These adjustments will be documented and appended to this Contract.

VI. Quality Assurance

A. Standards of Work: The Architect shall perform all services with the highest standards of care, skill, and diligence in accordance with industry best practices.

B. Inspections: Regular inspections will be conducted by the Architect during the Construction Administration Phase to ensure that all work is being carried out according to the agreed-upon plans and specifications.

C. Testing Procedures: Any materials or systems that require testing will be tested in accordance with industry standards. The results of such tests will be documented and made available to the Client.

VII. Permits and Approvals

A. Responsibility: The Architect will be responsible for preparing and submitting all necessary documentation to obtain the required permits and approvals for the Project.

B. Timeline: All permits and approvals shall be secured prior to the commencement of construction. The Architect will coordinate with relevant authorities to ensure timely processing and approval of all necessary permits.

C. Fees: The Client will be responsible for paying any fees associated with obtaining the required permits and approvals.

VIII. Insurance and Liability

A. Architect's Insurance: The Architect shall maintain professional liability insurance with a minimum coverage of $2,000,000, general liability insurance with a minimum coverage of $1,000,000, and workers' compensation insurance as required by law.

B. Client's Insurance: The Client shall maintain property insurance covering the Project site and general liability insurance with a minimum coverage of $1,000,000.

C. Indemnification: Each Party agrees to indemnify and hold harmless the other Party from any and all claims, damages, losses, and expenses arising out of or resulting from the performance of their respective obligations under this Contract.

IX. Warranties and Guarantees

A. Workmanship Warranty: The Architect warrants that all work performed under this Contract will be of good quality, free from defects, and in conformance with the Contract documents for a period of one year from the date of substantial completion.

B. Material Warranty: All materials supplied by the Architect shall be new and of good quality. The Architect shall provide the Client with any manufacturers' warranties for materials used in the Project.

C. Remedies: In the event of any breach of warranty, the Architect shall, at its own expense, promptly correct any non-conforming work.

X. Dispute Resolution

A. Negotiation: In the event of a dispute arising out of or relating to this Contract, the Parties shall first attempt to resolve the dispute through good faith negotiations.

B. Mediation: If the dispute cannot be resolved through negotiation within 30 days, the Parties agree to attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator.

C. Arbitration: If the dispute cannot be resolved through mediation, it shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding on the Parties.

XI. Termination

A. Termination by Client: The Client may terminate this Contract for convenience upon 30 days written notice to the Architect. The Client shall pay the Architect for all services rendered and reimbursable expenses incurred up to the effective date of termination.

B. Termination by Architect: The Architect may terminate this Contract upon 30 days written notice if the Client fails to make payments when due or otherwise breaches a material term of this Contract.

C. Effect of Termination: Upon termination, the Architect shall deliver to the Client all completed and partially completed documents, materials, and work product prepared under this Contract.

XII. Confidentiality

A. Confidential Information: Both Parties agree to keep all information related to the Project confidential and not to disclose it to any third party without the prior written consent of the other Party.

B. Duration: The confidentiality obligations set forth in this section shall survive the termination or expiration of this Contract for a period of three years.

XIII. Miscellaneous Provisions

A. Entire Agreement: This Contract constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations.

B. Severability: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

C. Waiver: No waiver of any term or condition of this Contract shall be deemed to be a waiver of any subsequent breach of the same or any other term or condition.

D. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the state of [State].

E. Amendments: Any amendments to this Contract must be in writing and signed by both Parties.

Signatures

IN WITNESS WHEREOF, the Parties have executed this Architecture Development Contract as of the day and year first above written.

Client

[Name]

[Date]

Architect

[Name]

[Date]

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