Standard Contract - Terms and Conditions
(subject to change without prior notice - check current standard terms at the time we submit a proposal/contract to you. Subject to all State Laws where applicable. All services in states than New Jersey and Pennsylvania are subject to receiving authorization to practice in that State. These standard terms and conditions will be a part of the contract that will be prepared based upon an agreed upon scope for Schematic Design Services. For construction document and construction phase services, except on very small projects, we use a standard AIA document tailored for the project that will coordinate with the General Conditions of the Contract and the Contractors contract to best protect ALL parties concerned.)
- No guarantees are made nor can they be made that guarantee City, Municipal, State, and/or Utility Authority approval for any document prepared, since government can made arbitrary decisions, moratoria, etc., and since sewer and other utility authorities sometimes refuse applications for reasons beyond our knowledge or control. We do guarantee that documents we prepare will be adequate for such review for the stated purposes.
- This architect is not financially connected to any contractor, subcontractor, or supplier, so Owner shall be entitled to expect that all advice and determinations given shall be objective and fair to all parties concerned.
- This Contract is conditioned an ALL persons responsible for regulated construction work being properly qualified and licensed. It is also conditioned upon all work being done under proper permits (building, plumbing, electrical, etc.), L&I supervision, and OSHA when under their jurisdiction and all other applicable regulations, as is good practice and as is required by law.
- Architect maintains Liability Insurance. Higher than customary limits if available will involve additional cost. Certificates of Insurance are available upon request.
- Discrepancies in the field are a normal part of the construction progress, and we have understandings concerning why decisions were made which cannot always be inferred from the drawings, which are just two of many reasons why our services are strongly recommended through the entire process. However, if Architect is not retained through the entire Construction period, Client shall accept FULL responsibility for any deviations from the plans, any changes made by other than the Architect, failure by the contractor to build in accordance with the construction documents, any failure or decrease in quality or workability of the work affected by the lack of the Architect's review of shop drawings, product data, or samples, and any errors or omissions, if any, on the part of the Architect that would reasonably have been caught and corrected had the Architect provided construction-phase services. These provisions control claims by the client as well as third parties and require the client to pay for the Architect's time at our standard rate if not covered by our insurance company should the Architect be required to be involved in any litigation between the Owner and the Contractor.
- Architect maintains ownership of all documents except for plans owned by any plan company provided under license, but will provide copies as noted in this agreement for use on this project at the address chosen and for the signing client only. Plans are custom prepared for this client only and will not be used for other projects by the Architect without your knowledge and consent. This contract shall not be assigned except by mutual written permission. Architect is not assuming any responsibilities to any third party, whether bank, finance source, or other entity, and shall not be responsible to make any certifications beyond the sealing of his drawings which indicates his responsibility for same.
- Fees in this agreement are based strictly upon prompt payment by the Client. Payments may be by cash, check, or money order, payable to JOHN TEETS ARCHITECT. Any returned checks shall result in a $50 charge, a hold on work until resolved, increases in advance payments, and/or payment via cash, money order, or certified check only. Any payment not made in a timely manner shall be subject to all collection costs allowable by law as well as a 1 1/2% per month interest charge (or the maximum interest allowable by law). Architect will withhold continuation of contracted services or future services if payments are not made on time. Services shall begin within 10 business days of signing of this agreement and receipt of initial payment. Exact time of completion will vary with our other commitments in force when work is authorized.
- Contract may be terminated by Owner for any reason at any time upon giving seven (7) days written notice. If this occurs, Owner shall pay Architect for time expended to date + a termination fee of 10% of the total contract amount for that phase. Time shall be calculated based upon hours spent from Architect's timecard at our contract hourly rate not exceeding the contract amount and the percentage of engineering work complete.
- Fees in this agreement are based upon continuous service. Should Client desire to suspend and restart services for any reason, additional charges may apply.
- Architect may suspend or terminate this agreement for cause only, giving seven (7) days written notice. Causes shall include failure to meet payment schedule in a timely manner, failure of client to follow all applicable laws and regulations, or in cases of unsolved internal disputes within the Client's organization or family which affects the ability of the Client to make legally binding decisions. If this occurs, Architect shall be entitled to payment per paragraph ?8 above except that no termination fee shall be due. Architect shall have no liability to the Owner or any of his/her/their agents, contractors, or subcontractors for delay or damage caused any of them because of such suspension or termination of services, and Owner shall bear any loss or claim resulting therefrom.
- Services not specifically contracted for shall not be construed to be required to be performed by the Architect, except as agreed for additional compensation. If for any reason any provision of this agreement is deemed unenforceable, all other provisions of this contract shall remain fully in force. This agreement is written in the County of Bucks, Commonwealth of Pennsylvania, and any problems with same shall be settled by the mediation process in that jurisdiction. In terms of claims from the client, the contractual period as it relates to the statute of limitations shall run from the date of substantial completion.
- If there are two signers, approval of design or authorization for additional services by EITHER shall be considered approval or authorization by BOTH unless Architect is advised in writing in advance.
- If any provision of this contract is not deemed enforceable, all remaining provisions shall remain intact.
- By Signing this contract, client is advising that they have read the contract in full and have had the opportunity to ask the Architect any questions regarding any of the provisions that were not initially understood and/or to have this agreement reviewed by legal counsel.