Owner-Architect Agreement Template

This Owner-Architect Agreement is made on [Contract Date] between [Company Name] ("Architect") and [Client Name] ("Owner").

1. The Project

Architect will provide architectural services for [describe the project, for example: a 1,200 square foot second-story addition and renovation of the existing house at 14 Elm Street] (the "Project"). Owner's budget for the cost of construction is $[amount, for example: 450,000], not including design fees, permit fees, or furnishings.

2. Basic Services

Architect will provide its services in five phases. Each phase ends with Owner's written approval before the next begins.

1. Schematic Design. Confirm the program, review zoning and site constraints, and develop two or three design options with floor plans and massing for Owner to choose from.

2. Design Development. Refine the chosen design, coordinate structural and building systems with consultants, and define materials, finishes, and major equipment.

3. Construction Documents. Prepare the drawings and specifications needed for permitting and construction.

4. Permitting and Bidding. Submit for permits, respond to plan review comments, and help Owner solicit and compare bids, or negotiate with a contractor Owner has chosen.

5. Construction Administration. Answer contractor questions, review submittals, visit the site at key stages to observe whether the work generally follows the construction documents, and review the contractor's payment requests.

3. Owner's Responsibilities

• Provide the program, the budget, and one representative who can make decisions for Owner
• Provide a property survey, and a geotechnical report where the design needs one, from consultants Owner engages directly
• Make decisions and give approvals within 7 days of Architect's request, so the schedule holds
• Pay permit, plan review, and impact fees, and arrange the testing and inspections the jurisdiction requires
• Tell Architect promptly of any problem Owner notices with the design or the work

4. Compensation

Basic services are billed as fixed fees by phase:

• Schematic Design: $6,500
• Design Development: $9,500
• Construction Documents: $14,000
• Permitting and Bidding: $3,500
• Construction Administration: hourly as used, estimated at 40 hours ($6,000)

Hourly services are billed at $150 per hour for a principal architect and $110 per hour for project staff. If Owner changes the budget or the size of the Project by more than 10%, the parties will adjust the fixed fees in writing.

Architect invoices monthly, in proportion to the services completed in each phase. A deposit of 10% of the fixed fees is due on signing and credited to the final invoice. Invoices are due within 30 days. If an invoice is more than 30 days overdue, Architect may suspend services after 7 days' written notice.

5. Reimbursable Expenses

Printing, delivery, fees Architect pays on Owner's behalf, and travel beyond 50 miles are billed at cost.

6. Additional Services

Services outside Section 2 are additional services, billed hourly at the rates above. They include changes Owner requests after a phase is approved, revisions needed because codes or regulations change after documents are submitted, site visits beyond the construction administration estimate, and as-built drawings. Architect will describe each additional service and its fee in writing, and won't begin until Owner approves it.

7. Construction Cost

Architect's estimates of construction cost are opinions based on its experience. Architect has no control over the cost of labor and materials, contractors' pricing, or market conditions, and doesn't guarantee that bids or the final cost will match any estimate or the budget. If the lowest bid exceeds the budget by more than 10%, Owner may increase the budget, rebid the Project, or ask Architect to revise the design to reduce cost as an additional service.

8. Instruments of Service

Architect's drawings, specifications, and other documents, in any form, are instruments of service, and Architect keeps all rights in them, including copyright. Once Architect's fees are paid, Owner has a license to use them to build, use, maintain, and repair the Project. They may not be used for other projects or additions without Architect's written permission. If Owner uses them without Architect's involvement, Owner does so at its own risk.

9. Standard of Care

Architect will perform its services with the care and skill ordinarily used by architects practicing in the same area under similar circumstances. Architect makes no other warranty.

10. The Contractor's Responsibilities

The contractor is solely responsible for construction means, methods, techniques, sequences, and procedures, for safety on the site, and for performing the work as the construction documents require. Architect's site visits are to observe the work in general, not exhaustive inspections. Architect isn't responsible for the contractor's failure to perform the work as required.

11. Hazardous Materials

Architect's services don't include identifying, testing, or removing asbestos, lead, mold, or other hazardous materials. If any are found, Owner will engage a qualified specialist.

12. Insurance

Architect will carry professional liability insurance of at least $1,000,000 per claim, and general liability insurance, while it provides its services. Certificates are available on request.

13. Limitation of Liability

To the extent permitted by law, Architect's total liability to Owner for all claims related to the Project is limited to the fees paid under this agreement. Neither party is liable to the other for indirect or consequential damages.

14. Disputes

The parties will first try to resolve any dispute by direct discussion. If that fails, they'll try mediation before starting any other proceeding, and share the mediator's fees equally. A dispute not resolved within 60 days of a request for mediation may be taken to the courts of the state where the Project is located.

15. Suspension and Termination

• If Owner suspends the Project for more than 90 days, Architect will be paid for services performed to that date, and the fees and schedule for the remaining services will be adjusted when the Project resumes.
• Either party may end this agreement with 14 days' written notice.
• Owner will pay for services performed and reimbursable expenses incurred to the end date.

16. General

This agreement is governed by the laws of [state, for example: Colorado]. It and Architect's proposal are the entire agreement between the parties, and may only be changed in writing signed by both. Neither party may assign it without the other's written consent. If any part is found unenforceable, the rest remains in effect.

By signing below, both parties agree to these terms.