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Architectural Services Agreement

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ARCHITECTURAL SERVICES AGREEMENT

This Architectural Services Agreement (the "Agreement") is entered into on the date of execution below by and between:

Parties

Recitals

WHEREAS, Architect is duly licensed and qualified to provide architectural and related professional services for the design, permitting and construction administration of building projects; and

WHEREAS, Client seeks to engage Architect to perform architectural services in connection with the project described below (the "Project") in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to define their respective obligations, compensation and the scope of Architect's services.

Project

Project Name:

Scope of Work

Architect shall provide professional architectural services for the Project as described below. Architect's services shall include programming, schematic design, design development, construction documents, permitting support, and construction administration, subject to the terms of this Agreement.

Payment Terms

Client shall pay Architect a total contract sum of $ for the services described herein, subject to adjustments for changes in scope or reimbursable expenses.

Initial deposit due prior to commencement: $ . Progress invoices will be issued in accordance with the Payment Schedule and are due within days of invoice date.

Late payments shall accrue interest at the rate of % per month (or the maximum lawful rate, if less). Client shall also be responsible for reasonable collection costs and attorney fees incurred in collecting overdue amounts.

Term and Termination

This Agreement commences on the effective date set by execution below and continues until completion of Architect's services unless earlier terminated as provided herein. Effective Date: / / .

Anticipated completion or termination date (if any): / / .

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any provision and fails to cure within days after receipt of written notice. Upon termination for convenience by Client, Architect shall be paid for services performed to the date of termination, together with expenses and reasonable termination-related costs.

Confidentiality

Each party shall treat all non-public information received from the other party in connection with the Project as confidential and shall not disclose such information to third parties except to employees, consultants or contractors who have a need to know and who are bound by confidentiality obligations no less restrictive than those contained herein. Confidential information does not include information that: (a) is or becomes generally known to the public through no wrongful act of the receiving party; (b) was known to the receiving party prior to disclosure by the disclosing party; or (c) is required to be disclosed by law, provided that the receiving party gives prompt notice and cooperates with any efforts to limit disclosure.

Insurance, Indemnity and Liability

Architect shall maintain professional liability insurance in commercially reasonable amounts and general liability insurance as appropriate for the scope of services. Architect's total liability to Client for any claim arising out of or relating to this Agreement shall be limited to the total fees paid to Architect under this Agreement, except for liability resulting from Architect's gross negligence or willful misconduct. Client shall indemnify and hold Architect harmless from third-party claims arising out of Client-provided information or performance beyond Architect's scope of services.

Permits and Approvals

Architect will assist in preparing documents required for permit applications and will respond to reasonable comments from permitting authorities, as included in the Scope of Work. Fees for special permitting processes, hearings, or extensive revisions required by authorities having jurisdiction are not included unless expressly identified in the Scope of Work or otherwise agreed in writing.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Venue for any action arising under this Agreement shall be in the state or federal courts located in that State.

Dispute Resolution

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation between senior representatives. If the dispute is not resolved within 30 days, the parties agree to submit the dispute to non-binding mediation prior to initiating litigation. Nothing in this clause shall prevent a party from seeking injunctive or other equitable relief where necessary to protect rights or property.

Entire Agreement and Amendments

This Agreement, including its attachments and exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, representations or agreements, written or oral. Any amendment to this Agreement must be in writing and executed by authorized representatives of both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as either party may specify by notice to the other.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Headings are for convenience only and shall not affect interpretation. The parties acknowledge that neither party has relied on any representation not expressly set forth herein.

Architect:

By:

Date:

Client:

By:

Date:

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What an Architectural Services Agreement Is

An Architectural Services Agreement is a contract between an architect or design firm and a client that defines the scope, deliverables, schedule, fees, and responsibilities for a building project. Typical sections include phases (schematic design, design development, construction documents, and construction administration), fee structure, reimbursable expenses, insurance and indemnity, intellectual property and licensing of design documents, termination rights, and dispute resolution. The agreement sets the standard of care for services, allocates risk between parties, and forms the basis for invoicing, change orders, and project closeout.

Why this Agreement Matters for Your Project

A clear Architectural Services Agreement aligns expectations, defines payment and change procedures, preserves intellectual property rights, and reduces disputes. Properly executed agreements also support enforceability under U.S. e-signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and UETA, while allocating liability and insurance obligations between the parties.

Why this Agreement Matters for Your Project

Who Typically Prepares and Signs This Contract

The agreement is prepared by the architect or their legal team and reviewed by the client; multiple stakeholders may sign based on authority and corporate structure.

  • Architect or Design Firm — Prepares scope, schedule, fee proposals, and standard contract provisions for client review.
  • Property Owner or Developer — Reviews scope, payment terms, and licensing provisions; often signs as the contracting party.
  • Construction Manager or General Contractor — May countersign or acknowledge when contract terms affect construction-phase responsibilities.

Accurate identification of signers and their authority streamlines execution and reduces the chance of later disputes or signature challenges.

Step-by-step: Filling Out the Agreement

Follow a consistent sequence to complete the agreement and reduce errors when using an online platform or a print form.

  • 01
    Gather details: Collect project name, address, parties, and contact information.
  • 02
    Define scope: Describe services, phases, and deliverables in measurable terms.
  • 03
    Set fees: Specify compensation method, schedule, and reimbursable expenses.
  • 04
    Execute: Have authorized signers sign, date, and distribute executed copies.

Core contract sections to include

A comprehensive Architectural Services Agreement groups key obligations and risk allocation into clear sections that project teams and counsel can reference during delivery.

Scope of Services

Defines specific phases, tasks, and deliverables with acceptance criteria to limit ambiguity and support change order decisions.

Deliverables & Milestones

Lists design submissions, review cycles, and milestone dates tied to payment triggers and permitting deadlines.

Schedule and Delays

Describes critical path, permitted delays, force majeure, and responsibilities to mitigate schedule-related disputes.

Compensation & Expenses

Specifies fee structure, billing cadence, retainers, reimbursable costs, and late payment remedies.

Insurance and Liability

Requires professional liability, general liability, and appropriate limits; includes indemnity and limitation of liability clauses.

Intellectual Property

Allocates ownership and license rights for drawings, specifications, and digital models; addresses reuse and termination.

Essential data elements to collect

Client Legal Name: Exact legal entity
Architect Name: Licensed firm name
Project Address: Street, city, state, ZIP
Effective Date: MM/DD/YYYY format
Fee Terms: Payment type and schedule
Authorized Signer: Name and title

Configuring an online completion workflow

When using an eSignature platform, configure authentication, field logic, and signing order before sending to prevent rework.

Field Configuration
Template Selection Choose an agreement template to standardize fields
Authentication Select email, SMS code, or KBA per risk level
Conditional Fields Show/hide payment clauses based on selected fee type
Signing Order Set sequential or parallel signer flow

Technical considerations for sharing and signing

Confirm supported file formats, integrations, and signer authentication options before uploading the contract to an eSignature service.

  • File Formats: PDF, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: TLS in transit; AES-256 at rest

Where to send executed copies and who keeps originals

Routing executed agreements promptly ensures stakeholders have the version they rely on for construction, permitting, and invoicing.

  • To Client: Final signed copy retained by owner for project records
  • To Architect: Architect retains master file and design deliverables
  • To Contractor: Contractor receives copies relevant to construction responsibilities
  • To Permit File: Submit necessary documents to building department if required

Typical deadlines and timing expectations

Include explicit dates or intervals in the agreement to tie payments to milestones and clarify review turnarounds.

Contract Execution:

Signed before work begins or as mutually agreed

Schematic Design:

X weeks from effective date; review cycle defined

Design Development:

Submission and review windows specified

Construction Documents:

Completion date and permit-ready deliverables noted

Construction Admin:

Inspection and RFI response timeframes established

Key project milestones from agreement to closeout

A sequential milestone list clarifies progression and where contractual obligations shift between parties.

01

Agreement Signed

Execution triggers scheduling and initial invoicing obligations

02

Design Deliverables

Schematic and design development submissions and approvals

03

Permitting

Permit application and correction cycles managed by owner or agent

04

Project Closeout

Final deliverables, warranties, and record drawings provided

Common mistakes to avoid when preparing the agreement

  • Vague scope descriptions that omit deliverable formats and quantities lead to scope creep and billing disputes.
  • Failing to require adequate professional liability and general liability insurance exposes parties to uncompensated loss.
  • Not including a written change order process causes disagreements about additional work and payment timing.
  • Using initials or inconsistent signer names can create enforceability problems and slow project startup.

Consequences of an incomplete or incorrect agreement

Delayed Payments: Subject to late fees
Scope Disputes: Leads to claims or arbitration
Liability Exposure: Professional liability claims possible
Permit Delays: Incomplete deliverables impede approvals
Lien Risk: Contractor/consultant liens possible
Enforceability Issues: Incorrect signer authority invalidates contract

Supporting documents to attach and export options

Attach or link essential exhibits and export signed results in common formats for permitting, bidding, and recordkeeping.

Drawings

Include schematic, design development, and construction drawing sets as numbered exhibits; specify file versions and revision controls for clarity and permit review.

Specifications

Attach material and performance specifications to define product quality and installer responsibilities, ensuring alignment with drawings and code compliance.

Project Schedule

Attach a milestone-based schedule showing design deliverables, permitting windows, and critical path items that trigger payments or approvals.

Insurance Certificates

Provide current COIs (general liability, professional liability) and list certificate holders with required endorsement language if the owner requires additional insured status.

Practical tips for accurate and efficient completion

Use clear language, standardized templates, and version control to reduce negotiation time and downstream disputes.

Define measurable deliverables
Describe outputs, format, and acceptance criteria to reduce ambiguity. Clear acceptance criteria speed approvals and limit rework during construction.
Include a change order process
Specify how changes are authorized, priced, and scheduled. A signed change order requirement prevents informal scope expansion and billing disagreements.
Confirm signer authority
Verify that each signer has corporate authority to bind the party. For organizations, require title lines and, where appropriate, corporate resolutions.
Maintain a single master copy
Keep the executed document in a secure, version-controlled repository and distribute certified copies to all stakeholders for reference.

Real-world examples of contract execution

Two concise examples show how online signatures and standardized agreements improved project turnaround for property and development teams.

Martin Properties

Martin Properties digitized its design agreements to eliminate paper routing delays and improve traceability.

  • Signed on mobile in under 24 hours for most small projects.
  • The team reported faster approvals and clearer billing cycles, reducing administrative time on each project and improving coordination between architect and contractor.

Optica Ventures LLC

Optica Ventures adopted a template-based agreement for repeated residential remodels to standardize scope and fees.

  • Templates reduced drafting time significantly.
  • Consistent clauses and attached exhibit checklists lowered negotiation cycles and minimized disputes over deliverables and invoicing.

Who typically has authority to sign

Architect — Principal

The firm principal or an authorized project manager signs on behalf of the architect. The signer should be listed with title and have the authority to commit the firm to fee, liability, and IP terms; a corporate resolution may be required for larger organizations.

Owner — Authorized Rep

An owner, developer, or corporate officer with signing authority signs for the client. Confirm that the individual has contractual authority, and include title and contact details to prevent later disputes over agency.

eSignature vendor pricing and capability comparison

Select an eSignature vendor based on price, feature needs, and compliance requirements. The table compares starting prices and basic capability indicators across common providers with signNow listed first.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about this agreement

Answers to common execution, enforceability, and storage questions when completing an Architectural Services Agreement.


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