Home Design House Plans

HOME DESIGN HOUSE PLANS AGREEMENT

This Home Design House Plans Agreement ("Agreement") is entered into as of Effective Date: by and between Designer Name: and Client Name: .

RECITALS

WHEREAS, Designer is engaged in the business of architectural and residential design and possesses the professional skill and experience necessary to prepare house plans, drawings and related construction documents; and

WHEREAS, Client desires to retain Designer to prepare house plans and related documents for the property located at (the "Property"), and Designer is willing to provide such services on the terms set forth in this Agreement; and

WHEREAS, the parties intend that the deliverables produced by Designer shall be used by Client for the construction and permitting of a single-family residence in accordance with the Scope of Work and limitations set forth herein.

SCOPE OF WORK

Designer shall provide the professional design services described below. Deliverables, limitations and assumptions are set forth to establish expectations and avoid misunderstandings.

Schematic floor plans and basic elevations

Design development drawings with dimensions and room layouts

Construction documents (plans and notes for building permit)

Permit application set and coordination with permitting authority (limited to submission)

Structural, MEP or specialized engineering drawings are excluded unless specifically agreed in writing

PAYMENT TERMS

Client shall pay Designer the total fee and in the schedule set forth below. All fees are due in U.S. dollars unless otherwise specified. Designer's invoices are payable upon receipt unless a specific due date is stated herein.

Deposit is due within days of Effective Date and is non-refundable except as required by applicable law.

Overdue amounts shall bear interest at a rate of from the invoice due date, and Client shall be responsible for reasonable collection and legal costs incurred by Designer to collect unpaid sums.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall terminate on End Date: , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice. Either party may terminate without cause upon days written notice to the other. Upon termination, Client shall pay Designer for all work performed and costs incurred through the termination date.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances ("Confidential Information"). Confidential Information excludes information that (i) is or becomes publicly available through no fault of the recipient; (ii) was lawfully in the recipient's possession prior to disclosure; (iii) is independently developed by the recipient without use of the discloser's Confidential Information; or (iv) is rightfully obtained from a third party without restriction.

The obligations of confidentiality shall continue for a period of years following termination or expiration of this Agreement, except with respect to trade secrets which shall remain protected for as long as they qualify as trade secrets under applicable law.

INTELLECTUAL PROPERTY; LICENSE

Designer retains copyright in drawings, specifications and other documents prepared by Designer (the "Design Documents"). Upon full payment of all amounts due under this Agreement, Designer grants Client a non-exclusive, non-transferable license to use the Design Documents for construction of the single project at the Property. Reuse or modification of the Design Documents by Client for other projects or sites is prohibited without Designer's prior written consent and may require additional compensation and indemnity.

INSURANCE, LIMITATION OF LIABILITY AND INDEMNITY

Designer shall maintain professional liability insurance in accordance with industry standards. Designer's liability for claims arising out of or relating to this Agreement shall be limited to direct damages not to exceed the total fees paid to Designer under this Agreement. In no event shall Designer be liable for special, incidental, consequential or punitive damages. Client shall indemnify and hold Designer harmless from claims, liabilities and expenses arising from Client's acts, omissions or misuse of the Design Documents.

PERMITS, CODES AND ADDITIONAL SERVICES

Client is responsible for fees, approvals and inspections required by authorities having jurisdiction. Designer will assist with permit submission and reasonable coordination where included in the Scope of Work; additional services such as extended meetings, site observation beyond agreed scope, specialized consultants, or revisions necessitated by changes in code or Client-requested scope changes will be invoiced separately at Designer's standard rates.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles. The parties agree that any litigation arising out of this Agreement shall be brought in the state or federal courts located within that state.

ENTIRE AGREEMENT

This Agreement, together with any documents expressly incorporated by reference and any written amendments signed by both parties, 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 oral or written. No modification of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms.

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