Construction Drawing Package

CONSTRUCTION DRAWING PACKAGE

This Construction Drawing Package Agreement ("Agreement") is entered into by and between:

Client Name:     Contractor Name:

WHEREAS

WHEREAS, Client requires a coordinated set of construction drawings, specifications and associated deliverables for the Project described below; and

WHEREAS, Contractor has the professional capability, staffing and technical competence to prepare, issue and deliver construction drawings and related documentation in accordance with the scope and standards set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall prepare, coordinate and deliver a complete Construction Drawing Package for the Project, consisting of the items listed below and any additional documents expressly enumerated in this Agreement. Contractor shall perform such services in a professional manner consistent with industry standards for similar projects of comparable size and complexity.

DELIVERABLES

Contractor will deliver the drawing set and supporting documents identified below. Deliverables shall be complete, coordinated and suitable for permitting and construction to the extent described in the Scope of Work.

  Architectural       Structural       MEP
  Civil       Shop Drawings       BIM Model / Coordination Files

REVISIONS, ISSUANCES, AND QUALITY CONTROL

Contractor shall maintain a revision log and deliver issued-for-construction reproducible drawings. Revisions required due to Contractor error shall be corrected at Contractor's expense. Revisions requested by Client beyond the agreed scope shall be treated as Additional Services and billed pursuant to Payment Terms.

PAYMENT TERMS

Client shall pay Contractor for the Services as follows.

TERMS AND TERMINATION

This Agreement commences on Start Date and continues until End Date unless earlier terminated in accordance with this Section.

Start Date:     End Date:

Upon termination for convenience, Client shall pay Contractor for Services performed and reimbursable expenses incurred through the effective date of termination. If Contractor terminates for Client's material breach, Contractor may suspend further performance and seek payment for work completed.

CONFIDENTIALITY

Each party shall treat as confidential all technical, commercial and financial information disclosed by the other party in connection with this Agreement that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Confidential information shall not be disclosed except to employees, consultants or subcontractors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein. Confidential obligations survive termination of this Agreement for a period of three (3) years.

INTELLECTUAL PROPERTY AND LICENSE

All drawings, details, specifications and models prepared by Contractor are instruments of professional service. Upon full payment, Contractor grants Client a nonexclusive, nontransferable license to use the delivered Construction Drawing Package for the Project for which the documents were prepared. Contractor retains ownership of underlying intellectual property, software components and design methodologies. Any reuse of the drawings by Client for other projects or by third parties without Contractor's prior written consent is prohibited and relieves Contractor of liability for such reuse.

COORDINATION, APPROVALS, AND PERMITS

Contractor shall coordinate the drawings among the disciplines shown in the Deliverables section. Contractor is responsible for incorporating comments from permitting authorities and third-party reviewers solely to the extent identified in the Scope of Work. Contractor is not responsible for actions or omissions of permitting agencies or other third parties and makes no guarantee of permit approval unless specifically engaged for permitting services.

WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNITY

Contractor warrants that deliverables shall be prepared with reasonable professional care. Contractor's liability for direct damages shall be limited to the total amount paid by Client under this Agreement. In no event shall Contractor be liable for consequential, incidental, special or punitive damages. Client shall indemnify and hold harmless Contractor from claims arising from Client's misuse of the drawings or alterations not executed by Contractor.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice of law principles.

NOTICES

ENTIRE AGREEMENT

This Agreement (including any attachments, exhibits and referenced schedules) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, proposals, agreements or understandings, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. Headings are for convenience only and do not affect interpretation. The parties acknowledge that they have had the opportunity to review this Agreement with counsel.

SIGNATURES

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