Architectural Building Plans

ARCHITECTURAL BUILDING PLANS AGREEMENT

This Architectural Building Plans Agreement (Agreement) is made and entered into as of by and between:

Architect: , License No.:

Architect Address:

Client:

Client Address:

WHEREAS

WHEREAS, Client desires to obtain architectural building plans and related professional services for the project located at (Project); and

WHEREAS, Architect is duly licensed and experienced in preparing architectural drawings, specifications and permit documents and is willing to prepare such documents for Client under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend to set forth the scope, schedule, compensation and rights in the plans and deliverables to avoid dispute and to facilitate permitting and construction; now, therefore, in consideration of the mutual promises herein contained, the parties agree as follows:

SCOPE OF WORK

Deliverables shall include architectural drawings sufficient for permit and construction as described above, including: schematic drawings, construction drawings, specifications, and digital files. Specific deliverables and number of printed sets:

MILESTONE SCHEDULE

PAYMENT TERMS

Client shall pay Architect the total compensation for services as follows. Payment terms are definitive and non-waivable except by written amendment signed by both parties.

Failure to make payments when due is a material breach. Architect may suspend services after seven (7) days’ written notice for unpaid invoices, and shall be entitled to recovery of costs and reasonable attorneys' fees incurred in collection.

TERM AND TERMINATION

This Agreement commences on the Start Date below and continues until completion of the Scope of Work or the End Date below, unless earlier terminated pursuant to this Section.

Either party may terminate for convenience upon providing the notice period. If terminated, Architect shall be paid for services performed to date, reasonable termination costs, and reimbursable expenses. Rights and obligations that by their nature survive termination shall survive.

CONFIDENTIALITY

Each party shall treat as confidential all non-public technical, business and financial information disclosed in connection with this Agreement, including but not limited to drawings, specifications, cost estimates and proprietary design concepts. Confidential information shall not include information that: (a) is or becomes public through no wrongful act of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; or (c) is lawfully obtained from a third party without obligation of confidentiality.

If disclosure is compelled by law or a governmental authority, the receiving party shall provide prompt written notice to the disclosing party and cooperate, at the disclosing party’s expense, to seek appropriate protective measures. Remedies for breach include injunctive relief in addition to damages.

INTELLECTUAL PROPERTY AND USE OF PLANS

Except as otherwise agreed in writing, Architect retains copyright in the architectural plans, drawings and specifications. Upon full payment of amounts due, Architect grants Client a non-exclusive, non-transferable license to use the plans for the Project for which they were prepared. Any reuse, modification or use on other projects without Architect’s written consent is prohibited and shall relieve Architect of liability for such uses.

Assignment of copyright requested — subject to additional compensation and a written assignment agreement.

PERMITS, CODES AND COMPLIANCE

Architect shall design the Project to substantially comply with applicable building codes and regulations known at the time of design. Architect will prepare documents reasonably necessary for permit applications but is not responsible for permit approvals. Client is responsible for permit fees and for any changes required by authorities having jurisdiction.

LIMITATION OF LIABILITY; INSURANCE

Except to the extent prohibited by law, Architect’s total liability to Client for any and all claims arising out of or relating to this Agreement shall not exceed the total compensation received by Architect under this Agreement. Neither party shall be liable to the other for consequential, incidental, special or punitive damages, except for liability arising from gross negligence or willful misconduct.

INDEMNIFICATION

Each party shall indemnify and hold harmless the other party from and against third-party claims arising from the indemnifying party’s negligence, willful misconduct, or breach of this Agreement. Indemnification obligations are subject to each party’s applicable defenses and insurance coverage.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the governing state identified above, without regard to conflict of law principles.

ENTIRE AGREEMENT

This instrument, including any attachments and referenced exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. Any modification to this Agreement must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Notices required by this Agreement shall be given in writing to the addresses listed above. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have had the opportunity to consult counsel and that any ambiguities shall not be construed against the drafter.

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