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Architect Contract Terms Sample for Luxury Home Design

Ultra Luxury Custom Homes, Villas and Estates by design

Architect Custom Home Design Sample Contract

 

 

Luxury home plans, Traditional dream houses, Visionary design architect, European estate castle plans, English manor house plans, new home floor plans, custom contemporary Modern house plans, Tudor mansion home plans, Mediterranean villas, French castle and chateaux plans, by John Henry Florida Texas Architect. Interior design, furniture and accessories, antiques

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Custom Luxury Homes and Plans by John Henry .  Period traditional and contemporary modern floor plans for new homes.  Dream homes, Tudor mansion plans, French country chateaux, European castle plans, French country house plans, remodeling, interiors, house plans, luxury house plans, real estate, home plan designs, resources, free questionnaire.  Also commercial projects: theme resorts, hospitality, renovation, urban planning, small town design, retail

Cost to purchase most existing plan designs is $4.90/ SF typ. for Permit Set drawings, $3.30/SF for Schematic Design only (see each description for plan contents/availability)

NOTE: We do not have plan books nor send copies of our floor plans unless we are under contract.  Please contact us to receive typical contract form, or set an appointment to view most of our work at our Orlando office.

 

Stock Permit Plan Purchase Contract with Revision Options

Westley  Niker (Owner) contracts with John Henry (Architect) for the right to purchase one pre-drawn �stock� plan as-is: ______________, or other similarly sized plans @ approx. 8,000� 10,000 Sf, AC space.  Owner may elect for options/changes (see below), including adding or reducing space, modifying style of house, etc. as determined upon inspection of stock plans.  A $15,000.00  retainer will be submitted by Owner to Architect in order to receive basic layout designs of at least 5-8 plans in stock close to specifications (via email), balance due upon selecting one or more plans from which to proceed.  Fees submitted for purchase of Schematic or Stock Plans apply to cost of Permit Set Services current rates if a custom design from scratch is decided upon or in the case more than 50% changes must be made to existing schematic or stock plans.

   The cost of purchasing an existing stock Architectural Drawing Set is calculated @ $2.25/SF AC space.  Deliverables will be hard copy 1 study set (original drawings) and/or 5 total sets after changes are made.  Cost plus 15% applies to additional sets/ shipping costs.   Owner may elect for options/changes (see below), including adding or reducing space, modifying style of house, etc. as determined upon inspection of  basic layout/study set designs.  Stock plans will be used as basis or part of the Permit Set for new construction on new site in _____________________. 

If stock plans are not available, the cost to purchase an existing schematic design (floor plan schematic and front elevation sketch) only is $.95/SF, credited to development of Permit Set, per current Fee Schedule � or another design professional may continue to develop plan.

Additional interior detailing and other drawings as might be required by local codes, or requested by Owner, contractor or suppliers to be contracted for at additional fees under separate contract.  

   Architect will assume no liability related to this project whatsoever in the event another design professional modifies stock plans (optional) sold to Owner by Architect.  Copyright electronic files of plans are not for sale, only one vellum copy will be made in this case.

   Owner to contract with Structural engineer in jurisdiction under which plans will be permitted to supplant Architectural set in order to secure Building Permit, and with all applicable additional consultant drawings as required (civil, mechanical, environmental, etc. under separate contract) Owner�s Builder must study plans thoroughly and notify Architect in writing of any potential code, legal, structural or life-safety issue or errors and omissions before commencing construction.  Owner to select and contract with Builder under separate contract. Copyright ownership held by Architect. 

OPTIONAL/ ADDITIONAL SERVICES per selection of STOCK PLAN only (Schematic design selection  to be developed further per Fee Schedule Permit Set) 

Changes or additions to original Permit Set plans, as requested by Owner will incur fees itemized below:

 

New site plan Per Owner�s lot specifications                                                 $2,750.00

Revised Floor Plans      Changes to plans, up to 20% to existing plans      $9,900.00

Revised Elevations        Per Floor Plan changes, up to 20%                       $12,500.00

Revised Roof plan         Per Floor Plan changes                                          $1,950.00

Revised Electrical plans Per Floor Plan changes                                        $2,950.00

New Foundation layout  Per Floor Plan changes (must be engineered*)    $2,450.00

Interior Molding Selection: Trim, Base, Ceiling, 5 Primary rooms                $9,900.00

Interior Elevations    1-2 walls ea.: Foyer, Living, Study, Master, Dining, Family  $34,900.00

General Specifications  Basic construction materials and performance specs.  $42,500.00

Review Board, etc. Meetings or Presentations as required                         $225/ Hr.

Cost of options/ services above for plans that must be revised from 20-50% will incur an additional 35%.

 

Terms of Payment:  Purchase cost for plans as-is, is based on $3.85/SF or $___________ for one-time construction, due at selection of final stock plan or schematic design minus retainer of $15,000.  Additional/optional work as described above,  $___________ in two payments.  Completion time for any changes: approximately 12 to 20 weeks.

 

Additional Terms: ________________________________________________________________________

Agreed by Owner, __________________________________________  date: ___________

 

Agreed by Architect, _________________________________________  date: ___________

 

PLEASE SEE FEE SCHEDULE FOR CURRENT COSTS.  

Note:  Terms of contract samples adjusted based on complexity and other factors per each project.  See Current Fee Schedule to estimate design fees .

Chateau des Reves: click image above for exclusive video of interior space

Creating the American Luxury Home Available now on CD- rom. (click below left) This is a history of the luxury home with sections on working with an architect and builder, style, modern and traditional approaches, etc.  Also, companion volume: Dream Home Design Questionnaire and Planning Kit (click right below, available as PDF file via email)

copper cover DHomeQ

 

EXHIBIT B

ontract between Annette and David Harlagen and John Henry                                             pg. 1 of 4

Agreement between Owner and Architect

for Designated Services

David and Annette Harlagen (Owners), Agree and Contracts with John Henry (Architect for the following Services as proposed on Nov. 10, 2003 in regard to the design of a Single Family Residence to be built in ______________, NC.

 

DESCRIPTION of WORK

 Architectural Services for Phases 1 -3 below (Permit Set) will be based on a Period Design of approx. 3,500 SF AC space on two levels (basement design N/I) with a 2,000 SF 8-stall barn and upper living qtrs. plus 3 car garage, porches, etc. at a total buildable space under roof of approximately 6,500 SF.  The fee for developing Permit Set plans Phase 1-3 will be based on a fixed fee of $9.50 per SF under roof (�under roof�: final calculation of all air conditioned and all unconditioned covered built space � garages, covered porches, storage, outbuildings, etc. except for basement optional).  [This fee is per our current fee schedule] Owner may select further services from any options or Phases described on page 2 of this contract.  Structural/ Civil/ MEP engineering and Landscape Architecture will not be included in this contract.  Hourly services provided herein (if requested or required for execution of services in addition to those described below) will be billed monthly.  If not executed by both parties within 7 calendar days of being first proposed, this Agreement shall become void or subject to renegotiations.  Retainer based on purchase price of either stock plans above in order to commence Work.

NOTE: A further10% discount of contract for Permit Set will be granted if 50% of fee is remitted up front; a 20% discount applies if full fee remitted up front.

 

Phase 1: Schematic - Site, Floor Plan, and Elevation

Architect will provide in schematic form: site plan, space planning and general design, floor plans w/area calculations and 1(one) elevation for approval by Owner based on his signed written space needs and style/program or as described in meetings and consultation.  Architect will perform building design per authorized directions in a creative and professional manner based on his experience and special talents.                                                                                                                                                                                                                                                 (to be billed in 2 increments) 45% contract fee Due

 

Owner may request slight changes in plans and elevation without extra charge after which preliminary pricing of schematics may commence.  Requests to investigate alternate floor layouts which deviate substantially from original program or to perform major re-arrangements or additions to plans such as moving garages or primary rooms from one side or story to another, or in elevation to change style of period, etc. will incur additional fees to be quoted and approved in writing in advance. Further comments and changes made by either owner or other consultants after review and approval of second submittal in this Phase will entail extra fees.

 

Phase 2:  Design Development Schematic

Architect to continue refining Phase 1 work and provide three remaining additional schematic elevations and site plan for Owner�s approval and submittal for Architectural Review or preliminary pricing by Contractor(s).  Architect will make changes as requested by Review board if necessary at no charge to Owner.  Changes requested by Owner after final approval of this phase to be billed hourly.                                                                                                                                             (to be billed in 2 increments) 30% contract fee Due

 

NOTE: Changes in Project scope (style, size, and configuration of plans) or budget after this phase will necessitate additional design and redrawing by Architect.  Architect will provide these additional services at an hourly rate of $175.00, or if more than 40% of drawings must be redesigned at 25% extra of total fee.  (Minor changes to the drawings are to be expected and not billable as extra work.)  Owner must approve all additional work in writing prior to architect incurring additional fees.

 

Phase 3:  Permit Set Construction Documents

Architect to complete the Architectural component of the �Permit Set� drawings to include Foundation layout (Structural engineer to design and complete), Site Plan, Floor Plans, Exterior Elevations, Roof Plan, Electrical Schematic, Wall Section, Stair Detail, and typ. Footer Details.  (Additional permits are customarily obtained by Contractor such as water, sewer or septic, electricity, environmental etc.)  Construction documents will be drawn in standard US scale.  All engineering by others under contract with Owner.  Changes requested by Owner after final approval of this phase

to be billed hourly.

                                                      (to be billed in 2 increments) 25% contract fee Due

 

NOTE: Architect to include consultation time with Engineers or Landscape Architect, but not Interior Designer (who may contract directly with Owner as required or be provided by builder) at no extra cost, but will bill hourly for presentations or consultation, meetings, or phone calls to governing bodies, Review Boards, environmental agencies, etc. 

                                                 Contract between Annette and David Harlagen  and John Henry                                                              pg. 2 of 4

Description/ Contents of Phase 1-3 �Permit Set�:

 Site Plan (location of house in relation to property lines and setbacks, schematic layout of driveways, walks, gates, fences, location of utilities connections, grading), Floor plan (all floors dimensioned, noted, with plumbing fixture locations, cabinets, stairs, generic flooring materials, ceiling treatment outline, size of doors and windows, hose bibs, special features outlined), Elevations (4 exterior wall elevations noting materials, roof pitch/ height, floor to floor dimensions, windows/ doors and header height, exterior materials notes), Roof Plan (schematic geometric layout of roof in plan view with chimney locations, hips, valleys, and ridges noted), Electrical Schematic (schematic layout of lighting fixtures with switching, duplex outlets, smoke detectors, cable and TV outlets), Wall Section (detailed section of typical wall construction with floor elevations, wall assembly, roof projection notes), Foundation Plan (exterior geometry of foundation with rough plumbing fixture location, prepared for final drawing by Structural Engineer), Stair Schematic (typical stair section), and all required architectural drawings by local authorities to qualify for Building Permit.

 

Phase 4 Option: Details, Sections, Specifications, Contractor Selection, Bidding, Contract Administration 

1.        Exterior details of walls, roof and decorative fencing, columns, balusters, arches, soffits, door and window surrounds, chimney caps and other like trim.                          $11,800

2.        Two (2) full width building-sections (for additional clarity and ease of construction and document interpretation.)                                                                                 $3,970

3.        Schematic design and trim specifications of primary interior elevations including Foyer, Living, Dining, Library, Family, Kitchen, Master Suite, select cabinet and counter details, media walls and fireplaces, ceiling geometry, trim around baseboards, wainscot, crown moldings.  Selection of int. columns, brackets, medallions.                              $57,900

4.        Additional interior elevations                                             Hourly or per room estimate

5.        Flooring design and specification of stone, tile, and wood for all rooms.  Architectural stone and wood detailing.                                                                                      $14,800

6.        Doors and windows selection w/hardware                                                       $2,700

7.        Plumbing selection                                                                                       $8,500

8.        Light fixture selection                                                                                    $9,800

9.        Home automation/security, specification and coordination                                $3,500

10.     Roofing selection and details                                                                         $2,800

11.     Room Finish Schedule, including color selection of exterior walls and 4 interior rooms                                                                                                          $6,800

12.     Review of shop drawings.                                                                              Hourly

13.     HVAC schematic with reflected ceiling plan indicating lighting and ceiling treatments                                                                                                   $8,800

14.     Pool design/ schematic (Pool sub. may provide this, with Architect�s schematic design)                                                                                                        $2,900

15.     Specifications Manual to include material and performance specifications including site work, steel, concrete, stone, wood, insulation, HVAC, flooring, gypsum board, nailing and gluing, specialty equipment, appliances, etc.                                                 $49,500

16.     All other related work not covered in list above                                       Hourly

 

NOTE:  Architect not to include comparative pricing of individual components or materials specified in Phase 4 unless authorized by Owner, to be performed on an hourly basis.

 

Phase 5 Option: Minimum Construction Observation

Architect will visit job site and make report to Owner of progress at five (5) instances: 1. Plumbing rough in, floor slab formed; 2. Frame complete, roof dried in, 3. Insulation complete, electric roughed in, 4. Finished plumbing, finished exterior/interior/drywall/roof, 5. Final certification.  Architect will be available throughout construction to aid in the interpretation of the Construction Documents as requested by Owner or Contractor and for general consultation as construction progresses.  These additional services will be billed hourly, w/ travel expenses extra. 

 

Phase 6 Option: Interiors

Architect to consult and establish with Owner color palette, fabric and paper finishes; select all furnishings and accessories including furniture and draperies, wallpapers, carpeting, etc.  Cost for this service will be a consultation and travel rate of $175/ hr. and a fixed fee of 15% of all items purchased at retail from established furniture dealers, antique shops, and accessory stores and catalogues.

 

NOTE: Owner to reimburse Architect for work performed upon submittal of first draft of drawings due per Phase.

Contract between Annette and David Harlagen and John Henry                pg3 of 4

TERMS and CONDITIONS

1. Architect reserves Copyright and ownership of all drawings, design, and ideas produced under this Agreement.  The same shall not be reproduced, changed or copied in any manner or form whatsoever, nor are they to be assigned to any third party without the written consent of the Architect.  This Agreement provides the Owner with the non-exclusive one-time use for construction from the documents solely for the Project described herein and its exclusive use within a 50 mile radius for 10 years.  Owner has right to as many copies of plans required for construction or permanent records.  Owner may not sell nor assign plans or specifications.  Any promotion, advertising, display, collateral materials, etc. concerning the Project must display Architect�s name and copyright symbol.  Architect must have reasonable access to project in order to photograph and document work and may include representations of the design, including photographs of the exterior and interior for personal records and for publication.  Architect shall have right to display his business sign on property, which shall be readable from street subject to deed or subdivision restrictions.  Owner agrees to indemnify Architect from any actions that may arise due to copyright disputes as a result of use of photographs, drawings, sketches, and other design related materials Owner furnishes Architect for analysis or incorporation into this Project.

2. Owner to notify potential contractors and selected builder of terms and conditions described in this contract as applies before any Owner/ Contractor Agreement is drawn up.  Owner and/or Contractor shall verify final plans including all details and dimensions, as well as the conditions of the job before commencement of the Work and likewise while under construction.  If the Owner or Contractor becomes aware of any fault or defect with the above, or conformance with all the Construction Documents, prompt written notice shall be given to the Architect in a timely manner in order to remedy discrepancies before materials are ordered or labor scheduled in order to avoid unnecessary costs.  Owner should not award bid for construction nor authorize commencement for construction until Contractor has verified in writing he has reviewed the Plans submitted by Architect and assumes full responsibility to properly build from the �letter and intent� of the documentation provided, having notified in writing to Owner and Architect that Plans were also checked to comply with all local county, state, and national codes and ordinances as applicable.  Contractor shall determine methods of construction.  It is customary and ordinary to omit certain details well within the common knowledge of the Contractor or standard building practices.  If a detail is omitted from Construction Documents for which the Contractor needs further explanation, the Contractor should determine the solution with Architect before signing a contract for construction with Owner.  Contractor assumes full responsibility for executing all details of construction if not on Documents in order to fulfill his contract for construction.  Owner or Contractor shall verify metes and bounds, site dimensions, restrictions, and placement of structure and report any discrepancies to Architect in writing before execution of Contract for Construction and commencement of Work.  Architect shall assume no responsibility or liability for misinterpretation or unauthorized deviation from drawings/documents provided to Owner.

3.  Owner to retain under separate contract Structural Engineer and Landscape Architect.  Structural verification or compliance with applicable codes is not included in this Agreement.  Architect will provide schematic design of pool, decks, and drives on Site Plan, but Landscape Architect to provide details for construction, and all planting and hard-scape specifications.  Architect recommends retaining Electrical/Mechanical Engineer to size and specify ducts, compressors and air handlers, and size and specify electrical circuits especially if project is to be competitively bid.  Energy code calculations by others.  Owner to provide all soils testing as necessary and shall be entirely responsible for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.  Changes in Building or Zoning Codes made after Agreement date may require a change in scope of work with subsequent additional expenditure of time and cost to be reimbursable to Architect at hourly rates set elsewhere herein.

4.  Architect will perform Services as described above as expeditiously as is consistent with professional skill and care and the orderly progress of the Work, having Owner�s best interest as the foremost consideration.  Owner shall expeditiously perform all acts or provide all services required of him under this Agreement and render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect�s services.  Architect must rely wholly on accuracy of all site information and legal descriptions as forwarded by Owner including but not limited to: metes and bounds, easements/setbacks, special zoning, subdivision regulations, soils and ground conditions with engineer�s report, topographical maps showing utilities availability and tree survey, and environmental protection.

5.  Dimensions and details my change due to field conditions, construction techniques and other variables that shall not be charged against Architect�s drawings for omissions or error.  Architect�s estimate for probable construction cost is based on current charges for labor and materials as evidenced by construction for similar work to scope of Owner�s project and such estimates will change in time and under varying market conditions.  Shop drawings (all of which to be prepared and submitted by others) and interior trim, finishes, and general interior design, if contracted by others than Architect shall be subject to review and approval to insure integrity of design. 

6.  Owner will not hold Architect liable for construction costs over budgeted project costs.  All Work submitted by Architect is to be properly Engineered for structural, electrical, heating, ventilation and air conditioning by Owner�s Contractor and/or professional subcontractors under separate contract.  Architect shall require additional compensation at the hourly rate of $175.00 to make revisions in any documentation when such revisions are inconsistent with approvals or instructions previously given by Owner or due to adjustments in the Owner�s program or Project budget including, but not limited to size, quality, complexity, scheduling, the method of bidding or negotiating and contracting for construction, or in connection with Change Orders and Construction Change Directives or due to default by Contractor in improperly executing the Work.  Manufacturer, supplier, or installer shall be responsible and liable for product/assembly as specified.  Owner will be responsible for reimbursable items including all blueprinting and CADD plot direct costs- plus 15%, and travel and time for materials sourcing and selection out of Orlando (if requested by Owner).

7.  Fees charged for professional services are due and payable upon presentation of invoice.  Work in progress may halt if payments are not received within seven (7) days.  Deferred payment until closing or other conditions are not implied.  A service charge will be added to the unpaid balance due equal to the maximum permitted by law in the State of Florida.  It is the Architect�s policy to file Notice to Owner or lien according to applicable state mechanic�s lien laws if timely payment is not made or Owner violates contract terms.  Owner agrees to pay Architect�s fee regardless of the results of government approvals, whether or not the project receives financing, or is completed.

8.  In order to provide the high quality of service at the competitive fees quoted herein, the Architect�s total aggregate liability for all claims arising out of or related to the Project or this Agreement shall not exceed 50% of the Net compensation (exclusive of Reimbursable Expenses, consultant fees, etc.) received for the Project unless Owner elects to purchase liability insurance to cover Errors and Omissions.  Jurisdiction of legal claims made against any party of this Agreement to be in County of Architect�s principal business address.  In the event that the Architect fails to timely perform any of the services or obligations of the Architect as set forth in this Agreement, the Owner shall have the right, but not the obligation, in addition as well as alternatively to all other remedies available to Owner herein or under applicable laws as a result of a default by the Architect, to immediately retain the services of a licensed architect or other persons to perform the needed services.  The cost incurred by the Owner in obtaining such alternative services shall be deducted from sums due to the Architect hereunder.  In the event the Owner retains the services of an attorney to enforce the Owner�s rights, or the Architect�s obligations hereunder, then the Owner shall be entitled to recover all costs and fees incurred by Owner at both the trial and appellate levels, as well as in any bankruptcy proceeding.  Any default or breach in this Agreement made by the Owner shall likewise entitle Architect to pursue same legal recourse and recovery of damages, costs and fees incurred by Architect at both the trial and appellate levels, as well as in any bankruptcy proceeding. Mediation shall be the first course of resolving contract disputes.

9.  It is understood and agreed that the Architect bears no responsibility for compliance with any laws outside the United States of America.  The Owner assumes full responsibility for the compliance of the provisions of this Agreement with all foreign codes, ordinances, and laws and to insure Documents provided by Architect are fully engineered to insure safety and health of users and third parties involved.

10.  If this Project is suspended or abandoned in whole or in part for a period of more than 20 calendar days from last significant communication of Owner to Architect this Agreement shall be subject to termination or renegotiation following a demand for Services rendered to that date and Reimbursables accrued likewise.  Lapse of review and approval process by Owner entitles Architect to charge for re-start fees necessary to re-assemble project team and reschedule Work.  Retainer is not refundable if project is terminated after this contract is signed unless negligence is proven against Architect.  This Agreement may be terminated by either party upon not less than seven days� written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.  This Agreement entered into subject to the Description of Work to be performed and Terms and Conditions set forth herein and constitutes the entire agreement between the parties hereto.  No other agreements, understandings, restrictions, warranties, or representations exist between parties other than those provided herein.  In the event that any items of this contract shall be held unenforceable or void, the entire contract shall not be void or unenforceable and be valid and enforceable.  Owner by his or her signature indicates he/she has read and understands entire Agreement.

 

 

Note: John C. Henry is a licensed Architect in the State of Florida (No. 13013) and in the State of Texas (No. 10945) and also retains and certification.

Agreement represents the entire and integrated agreement between Owner and Architect and supersedes all prior negotiations, representation, or agreements, either oral or written. 

 Other Provisions:

A $8,000 retainer due to commence design, credited to Phase 3, or discount option applies if elected by Owner, as noted above.

B.________________________________________________________________

C._______________________________________________________________ 

Approved and Agreed by Owner:                           Approved and Agreed by Architect:

 

 

________________________________ Date:                    _______________________________ Date:

To contact Architect: johnhenryarchitect@gmail.com 

Ultra Luxury Custom Homes, Villas and Estates by design

 

Luxury home plans, Traditional dream house design architect, European estate castle plans, English manor house plans, new home floor plans, custom contemporary Modern house plans, Tudor mansion home plans, Mediterranean villas, French castle and chateaux plans, by John Henry Florida Texas Architect. Interior design, furniture and accessories, antiques

Cost to purchase most existing plan designs is $4.90/ SF typ. for Permit Set drawings, $3.30/SF for Schematic Design only (see each description for plan contents/availability)

NOTE: We do not have plan books nor send copies of our floor plans unless we are under contract.  Please contact us to receive typical contract form, or set an appointment to view most of our work at our Orlando office.

Plan for your Dream Home now. Order ebook or CD here!

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Custom Luxury Homes and Plans by John Henry .  Period traditional and contemporary modern floor plans for new homes.  Dream homes, Tudor mansion plans, French country chateaux, European castle plans, French country house plans, remodeling, interiors, house plans, luxury house plans, real estate, home plan designs, resources, free questionnaire.  Also commercial projects: theme resorts, hospitality, renovation, urban planning, small town design, retail

Questionnaire/EBooks  Castles/Mansions  First Estates  Portfolio A   Portfolio B   Portfolio C   Portfolio D   Interiors  Modern Plans  Contact

Custom Luxury Home Plans by John Henry .  Period and contemporary floor plans for new homes.  Dream homes, mansions, chateaux, castle plans, remodeling, interiors, house plans, luxury house plans, real estate, home plan designs, resources, free questionnaire.  Also commercial projects: theme resorts, hospitality, renovation, urban planning, small town design, retail                                                         Copyright 1999/2000/2001 by John Henry Design International, Inc. All rights reserved.  Republication or re-dissemination of this site's content is expressly prohibited without the written permission of John Henry Design International, Inc