Architecture Service Contract
1. Parties
This Architecture Service Contract ("Contract") is entered into as of [Effective Date], by and between [Your Company Name], with an address at [Your Company Address] (hereinafter referred to as Service Provider), and [Client Name], with an address at [Client's Address] (hereinafter referred to as "Client").
RECITALS
WHEREAS, Client desires to obtain architectural services for the design and development of [specific project name] (the "Project");
WHEREAS, Service Provider is a duly qualified and licensed architecture firm with the expertise and capability to provide such services;
WHEREAS, the parties wish to set forth the terms and conditions under which Service Provider will provide architectural services for the Project;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
2. Scope of Services
Service Provider agrees to provide the following architectural services (collectively, the "Services") to the Client:
2.1 Detailed Description of Architectural Services
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Preliminary Design and Concept Development: Service Provider will work with Client to develop preliminary design concepts that reflect Client's vision and requirements. This includes site analysis, feasibility studies, and initial design sketches.
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Schematic Design: Service Provider will create detailed schematic designs, including floor plans, elevations, and site plans. These designs will be presented to Client for approval before moving forward.
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Design Development: Based on the approved schematic designs, Service Provider will further develop the design details. This includes material selection, structural systems, and detailed drawings.
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Construction Documents Preparation: Service Provider will prepare comprehensive construction documents, including specifications, detailed drawings, and schedules. These documents will be used for obtaining permits and for construction.
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Bidding and Negotiation Assistance: Service Provider will assist Client in soliciting and evaluating bids from contractors. This includes preparing bid documents, reviewing bids, and negotiating contracts.
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Construction Administration: Service Provider will provide oversight during the construction phase to ensure the project is built according to the approved designs. This includes site visits, progress reports, and addressing any issues that arise.
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Project Closeout: Service Provider will conduct a final inspection of the project to ensure all work has been completed to Client's satisfaction. This includes preparing a final punch list and ensuring all documentation is complete.
The Services shall be performed in accordance with the standards acceptable in the industry and comply with any applicable laws, regulations, and codes.
3. Compensation
In consideration for the Services, Client agrees to pay Service Provider the total sum of [Total Amount], to be paid as follows:
3.1 Payment Terms
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Milestone |
Payment Amount |
Payment Due Date |
|---|---|---|
|
Contract Signing (Initial Payment) |
[Initial Payment] |
[Due Date] |
|
Concept Development Completion |
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|
Schematic Design Approval |
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Design Development Approval |
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Construction Documents Completion |
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|
Construction Commencement |
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|
Project Closeout |
4. Term and Termination
This Contract shall commence on [Effective Date] and shall continue until the completion of the Services, unless terminated earlier as provided herein. Either party may terminate this Contract with or without cause by giving [Number] days’ written notice to the other party. Upon termination, Service Provider shall be entitled to payment for Services performed up to the date of termination.
5. Changes in Services
Any changes to the scope of the Services must be agreed upon in writing by both parties. Service Provider shall notify Client promptly of any circumstances that may necessitate a change in the Services, and any adjustment to the compensation or schedule resulting from such changes shall be mutually agreed upon and documented.
6. Client Responsibilities
Client agrees to provide all necessary information, approvals, and access to the premises to Service Provider in a timely manner for the proper performance of the Services. Client shall also be responsible for any additional costs incurred due to any delays or inaccuracies in the information provided or due to any change in design requested by Client.
7. Ownership of Documents
All drawings, specifications, and other documents and instruments prepared by Service Provider as part of the Services (collectively, the "Instruments of Service") shall remain the property of Service Provider. Client shall have a non-exclusive license to use the Instruments of Service for the purpose of constructing, using, and maintaining the project for which they were prepared.
8. Confidentiality
Each party agrees to keep confidential and not disclose to any third party any confidential information of the other party obtained in connection with the performance of this Contract, except as necessary for the performance of the Services or as required by law.
9. Indemnification
Service Provider shall indemnify, defend, and hold Client harmless from any and all claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or resulting from Service Provider's performance of the Services under this Contract, except to the extent that such claims, damages, liabilities, or expenses are caused by the negligent acts, omissions, or willful misconduct of Client.
9.1 Indemnification Details
Service Provider agrees to indemnify and hold harmless Client from any claims, damages, liabilities, or expenses arising out of the performance of the Services, including:
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Personal injury or property damage caused by Service Provider's negligence.
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Errors or omissions in the architectural designs provided by Service Provider.
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Any breach of this Contract by Service Provider.
10. Insurance
Service Provider shall maintain, at its own expense, comprehensive general liability and professional liability insurance in amounts not less than [Minimum Insurance Amounts] and shall provide evidence of such insurance to Client upon request.
10.1 Insurance Requirements
Service Provider shall maintain the following insurance coverage:
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General Liability Insurance: Minimum coverage of [General Liability Amount].
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Professional Liability Insurance: Minimum coverage of [Professional Liability Amount].
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Workers' Compensation Insurance: As required by law.
Service Provider shall provide Client with certificates of insurance evidencing the required coverage prior to commencing any work under this Contract.
11. Dispute Resolution
Any disputes arising under or in connection with this Contract shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules. The arbitration shall take place in [Location], and the arbitrator’s decision shall be final and binding upon both parties.
11.1 Dispute Resolution Process
In the event of a dispute, the parties agree to the following process:
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Attempt to resolve the dispute through direct negotiation.
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If unresolved, submit the dispute to binding arbitration under the rules of the American Arbitration Association.
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The arbitration will be conducted in [Location], and the arbitrator's decision will be final and binding.
12. Governing Law
This Contract shall be construed in accordance with the laws of [Jurisdiction].
13. Miscellaneous
This Contract constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral, between the parties with respect to the subject matter hereof. No amendment or modification of this Contract shall be valid unless made in writing and signed by both parties. If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.1 Miscellaneous Provisions
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Entire Agreement: This Contract represents the entire agreement between the parties and supersedes all prior negotiations, agreements, and understandings.
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Amendments: Any amendments to this Contract must be made in writing and signed by both parties.
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Severability: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
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Waiver: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of that provision or any other provision.
IN WITNESS WHEREOF, the parties hereto have executed this Architecture Service Contract as of the day and year first above written.
[Your Company Name], (Service Provider)
By: [Your Company Representative Name]
Title: [Your Title]
[Client]
By: [Client Name]
Title: [Client Representative Title]
