Terms and Conditions for Architectural Services
1. ENTIRE AGREEMENT
This Agreement is the offer of [Christensen Architects, P.C., DBA Marian Architecture] (herein referred to as “the Architect”), to perform the consulting services (herein referred to as “the Consultation”) described on this website for Pre-Design and Basic Architectural Services. Acceptance by the Client is strictly limited to the Consultation and these Terms and Conditions for Architectural Services, which when acknowledged in writing, is authorization to proceed. The Client is defined as the person or business entity signing the Agreement authorizing the Architect to proceed. This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement of the Terms and Conditions hereof. This Agreement may only be modified in writing executed by both parties.
2. SERVICES TO BE PERFORMED
The services to be performed are described in the preceding webpage for “Consultations”. Unless otherwise specified on that page or the Terms and Conditions, the Architect shall furnish all technical and professional services, including labor, materials, supplies, equipment, transportation and supervision to perform all tasks listed.
3. COMPENSATION
Fee. The preceeding webpage Proposal describes the tasks, phases and compensation terms.
Terms of Payment. Invoices shall be submitted upon scheduling of the Consultation.
Payments Withheld. No deductions shall be made from the Architect’s compensation on account of penalty, liquidated damages or other sums withheld from payments to the contractor(s), or on account of the costs of changes in the contractor’s services.
Suspension. If any payment is more than thirty (30) days past due, the Architect may, after giving seven (7) days written notice to the Client, suspend services under this Agreement until the Architect is paid in full all amounts due for services, expenses, and other charges. Additionally, in the event of suspension, the Client shall waive all rights, claims, etc. which it might otherwise have against the Architect as a direct or indirect result of such suspension.
4. ADDITIONAL SERVICES
All Additional Services shall be approved by the Client and the Architect in writing prior to proceeding.
Reimbursable Expenses. Reimbursable expenses shall include, but not be limited to, consultants’ fees, printing, reproductions, bulk copying, photographic services, long distance telephone calls, postage, shipping, delivery, long distance travel expenses, lodging, meals and/or other project related out-of-pocket expenses. Items shall be reimbursed to the Architect at cost.
5. OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the Architect pursuant to this Agreement are instruments of the Architect’s professional service, and the Architect shall retain an ownership and property interest therein. Reuse and/or modification of any such documents, without the Architect’s written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold the Architect harmless from all claims, damages and expenses, including attorney’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client.
Notice of Copyright. All ideas, designs, arrangements and/or plans indicated or represented by the Architect’s drawings will be created, evolved and developed for use on this specific Project. None such ideas, designs, arrangements and/or plans shall be used by or disclosed to any purpose whatsoever without the written permission of the Architect.
6. PUBLICITY
The Architect and its consultants shall have the right to photograph the Project and to use the photographs and design deliverables in the promotion of its professional service through publication, advertising, public relations, brochures, websites, social media, or other marketing media.
7. INSURANCE, IMDEMNITY AND LIMITATIONS
Insurance. The Architect shall maintain General Liability and Professional Liability Insurance throughout the period of this Agreement. Certificates of insurance are available on request.
Limitation of Liability. For any damage on account of error, omission or other professional negligence, the Architect’s liability shall be limited to the Architect’s fee received under this Agreement.
Waiver of Consequential Damage. The Architect and the Client waive consequential damage for claims, disputes and other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with the provisions defining termination.
Hazardous Substances. The Architect shall not be responsible for the identification, removal, testing and/or certification of removal relative to any hazardous substance including, but not be limited to, PCB, petroleum, mold infestation, hazardous waste, asbestos, lead, and any other similar substances. The Architect and the Client acknowledge that the Basic Architectural Services does not include any items related to a Hazardous Environmental Condition.
Unforeseen, Latent or Hidden Conditions. Unforeseen, latent or hidden conditions may not be readily ascertainable regardless of the extent of the investigation. Such conditions may impact the design and necessitate extensive revisions to the design. When architectural services are required to address these conditions, those services shall be deemed Additional Services.
8. STANDARD OF PRACTICE
Services performed by the Architect under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of their respective professions practicing in the same locality under similar conditions.
No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or any report, opinion, document, or otherwise.
9. DISPUTE RESOLUTION
Mediation and Arbitration. It is mutually agreed that the terms of this Agreement shall be binding upon both parties and their successors, executors, administrators and assigns.
Any dispute or claim arising in connection with this Agreement shall be submitted to Mediation for resolution in accordance with the Construction Industry Mediation Rules for the American Arbitration Association currently in effect. If not resolved, then the dispute or claim shall be subject to Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The Mediation and Arbitration shall take place in Los Angeles County.
10. MISCELLANEOUS PROVISIONS
Method and Means of Construction. The Architect and its consultants are not responsible for the method, means or sequencing of construction unless this is arranged contractually (in writing) executed by both parties.