Can this agreement be e-signed?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention are established.

Are notaries or witnesses required?

Notarization is often required for recording or to create a self-proving affidavit. Witness requirements vary by state and document type; check local recording office rules before execution.

How long must I keep signed copies?

Retention depends on the record type: IRS-related financial records at least three years (IRC §6501(a)); HIPAA-protected records six years (45 CFR §164.530(j)); construction records often retained seven years for claims.

What if a signer lacks authority?

If a signer lacks delegated authority, the agreement may be voidable. Require corporate resolutions or power of attorney evidence before finalizing to prevent later enforcement risk.

How do I amend the agreement?

Use a written amendment signed by authorized representatives of all parties. Document the effective date and reference original agreement and exhibit versions to preserve auditability.

Can I revoke or cancel after signing?

Revocation or termination depends on contract clauses and applicable law; check termination, cure, and notice provisions. Some rights (liens, accrued payments) survive termination.

Electronic Signature
Templates
Project Management
Project Management Design & Construction Agreement

Project Management Design & Construction Agreement

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Project Management Design & Construction Agreement

Project Identification

Project Title Project ID Client Name Service Provider Name Project Manager (Client) Project Manager (Service Provider)

Recitals

This Project Management Design & Construction Agreement (the Agreement) is entered into between Client Name: and Service Provider Name: for the provision of project management, design coordination and construction administration services described below. The parties agree as follows.

Scope of Work

Summary of Services Specific Tasks and Responsibilities Out-of-Scope Items

Deliverables & Acceptance

The Service Provider shall deliver the following items. Each deliverable shall include acceptance criteria and a formal acceptance process; Client shall not unreasonably withhold acceptance.

Deliverable 1 — Title Deliverable 1 — Description & Acceptance Criteria Deliverable 2 — Title Deliverable 2 — Description & Acceptance Criteria Additional Deliverables (if any)

Timeline & Milestones

Project Start Date: — Substantial Completion Date:

Milestone 1

Milestone 1 Date:

Milestone 2

Milestone 2 Date:

Milestone 3

Milestone 3 Date:

Budget & Payment

Total Contract Value Payment Structure (Deposit, Milestones, Final) Invoice Frequency & Payment Terms Retainage (if any)

Change Orders

All changes to the Scope of Work or the Contract Sum shall be executed by a written change order specifying adjustments to cost, schedule, and any other impacted provisions. No work beyond the Scope of Work shall proceed without an executed change order signed by authorized representatives of both parties.

Change Order Process & Rates

Insurance, Warranties & Liability

Service Provider shall maintain insurance and provide certificates upon request. Service Provider warrants that services and deliverables will conform to this Agreement and applicable industry standards for a period specified below.

Insurance Requirements Warranty Period Limitation of Liability

Confidentiality

Each party agrees to hold confidential information of the other in strict confidence and not to disclose such information except as required by law or as necessary to perform obligations under this Agreement. Confidential information remains the property of the disclosing party.

Confidentiality Exceptions or Special Terms

Termination

Either party may terminate for material breach if the breach is not cured within the cure period specified below. Client may terminate for convenience upon written notice and payment for services performed through the termination date plus reasonable demobilization costs.

Cure Period for Breach Termination Notice Address (for Notices)

Dispute Resolution & Governing Law

The parties shall first attempt to resolve disputes through good faith negotiation and escalation to senior representatives. If unresolved, disputes shall be submitted to mediation. If mediation fails, the parties agree that jurisdiction for litigation or arbitration shall be the courts governing the law specified below.

Governing Law (State) Dispute Resolution Preferences

Compliance & Regulatory

Service Provider shall comply with all applicable laws, codes and regulations and shall obtain required permits and approvals unless otherwise specified in the Scope of Work. Client shall cooperate to provide access and approvals required for timely performance.

Permits & Approvals Responsibility

Miscellaneous Provisions

This Agreement, including exhibits and signed change orders, constitutes the entire agreement between the parties. Amendments must be in writing and signed by authorized representatives of both parties. If any provision is held invalid, remaining provisions remain in force.

Additional Terms

Acknowledgments

By signing below, each party represents that it has full authority to enter into this Agreement, that the signatory is authorized, and that the obligations set forth are binding and enforceable.

Client:

By:

Date:

Service Provider:

By:

Date:

What the Project Management Design & Construction Agreement Covers

The Project Management Design & Construction Agreement is a legally binding contract that allocates responsibilities among the project owner, designer (architect/engineer), and construction manager or contractor. It defines scope of work, deliverables, design milestones, budget and payment schedules, change order procedures, dispute resolution, warranties, insurance requirements, and acceptance criteria. Exhibits typically include drawings, specifications, project schedule, and payment breakdowns. The agreement governs design and construction phases and establishes the governance and approval workflow used throughout a U.S.-based commercial or public construction project.

Why a Clear Agreement Matters for Project Outcomes

A well-drafted Project Management Design & Construction Agreement reduces disputes, clarifies responsibilities, and protects contractual rights by documenting scope, cost controls, schedule milestones, and change-management rules in writing.

Who Typically Prepares and Signs This Agreement

Project owners, design firms, general contractors, and construction managers use this agreement to coordinate roles, budgets, and timelines across design and build phases.

Project Owners and Developers — Set budget, approvals, and final acceptance terms for the project; usually the contracting party.
Design Teams (Architects / Engineers) — Define deliverables, milestone submissions, and professional liability limits; often provide exhibits and design schedules.
General Contractors / Construction Managers — Control construction means and methods, provide cost estimates, and accept construction milestones and punchlist procedures.

The agreement consolidates stakeholders’ obligations so each party and their counsel can confirm authority, insurance, and payment conditions before work begins.

Who Can Sign on Behalf of Each Party

Owner Signatory

An individual with corporate authority (CEO, CFO, board designee, or an authorized procurement officer) should sign. Confirm signatory authority through corporate resolution or delegation documents to avoid later challenges to enforceability.

Contractor Signatory

The contractor’s authorized officer or managing member should sign. For LLCs and corporations, proof of authority—such as a company resolution or power of attorney—reduces risk of a party later disputing the signature.

Core Sections to Include in the Agreement

Include the following elements to make the agreement clear, enforceable, and operational across design and construction phases.

Scope of Work

Precisely describe design deliverables, construction tasks, exclusions, and any phased scope. Attach drawings and specifications as enforceable exhibits and reference version dates to prevent ambiguity during construction.

Schedule and Milestones

List key design submission dates, construction start, substantial completion, and final acceptance milestones. Tie payment triggers and liquidated damages to measurable milestone dates to align incentives.

Budget and Payment

State the contract sum, payment schedule, retainage, invoicing requirements, and procedures for disputed invoices. Include permitted reimbursements and allowances and require supporting documentation for cost reimbursements.

Change Orders

Define a written change-order process including authorization, pricing method (time-and-materials or fixed price), documentation required, and impacts to schedule and payment.

Risk Allocation

Set insurance, indemnity, warranty, and bonding obligations. Specify limits of liability, consequential damages waivers if applicable, and the required evidence of insurance coverage.

Dispute Resolution

Choose governance for claims and disputes: negotiation, mediation, binding arbitration, or court litigation. Specify venue and governing law to reduce forum disputes and clarify enforceability.

Step-by-Step: How to Complete and Execute the Agreement

Follow these ordered steps to prepare, review, and finalize the agreement with clear evidence of consent and authority.

01

Assemble Parties: Confirm legal names and signatory authority documents.
02

Define Scope: Attach drawings, specs, and exhibit lists with revision dates.
03

Agree Commercial Terms: Finalize contract sum, payment triggers, and retainage provisions.
04

Execute Signatures: Collect authorized signatures and retain signed originals or certified electronic copies.

Typical Execution Workflow for Design and Construction Contracts

Use a consistent routing and authentication workflow to collect signatures, approvals, and supporting documentation throughout the project lifecycle.

Prepare Document: Upload final draft and attach exhibits for review.
Assign Roles: Place signature and approval fields for each party.
Authenticate Signers: Choose email, SMS, or stronger authentication as needed.
Complete Execution: Collect signatures, distribute copies, and store audit trail.

Recommended Digital Workflow Settings

Configure the e-signature workflow to match your approval and compliance requirements before sending the document to signers.

Field	Configuration
Signer Order	Sequential or parallel routing depending on approvals needed
Authentication	Email plus SMS code for key signers; KBA for high-risk transactions
Conditional Fields	Show or hide fields based on signer role or selections
Template Library	Save approved versions and lock key clauses for reuse

Digital Signing and Integration Considerations

Select e-signature features and integrations that support your project controls and recordkeeping requirements.

Integrations: Link to Procore, NetSuite, or Salesforce for workflow sync
File Formats: Accept PDF, DOCX, and exported Excel schedules
Authentication: Support SMS, email, SSO, and advanced signer options

Ensure chosen integrations preserve audit trails and store signed PDF/A copies alongside project documents in your document management system.

Common Security and Compliance Features to Look For

Encryption: AES-256 at rest; TLS 1.2/1.3

Audit Trail: Comprehensive timestamps and IP logging

Compliance: ESIGN, UETA, SOC 2 Type II

HIPAA Support: BAA available for protected health information

21 CFR Part 11: Support for regulated recordkeeping

Accessibility: WCAG 2.0 Level AA

Key Project Stages from Agreement to Closeout

Track these numbered stages to align contractual obligations with project schedule and payment events.

01

Pre-Construction

Finalize contracts, procure bonds and insurance, and confirm permits

02

Design Phase

Deliver schematic, design development, and construction documents per milestones

03

Construction Phase

Mobilize, execute work, monitor quality, and process change orders

04

Closeout

Complete punchlist, final inspections, and issue final payment and warranties

Typical Contract Dates and Associated Actions

Assign dates to key events and attach them to payment or penalty clauses for enforceability.

Effective Date:

Date the agreement is enforceable and triggers obligations

Notice to Proceed:

Start date for construction and scheduling of activities

Design Milestone:

Submission dates for design packages tied to approvals

Substantial Completion:

Date when facility is usable for its intended purpose

Final Acceptance:

Completion of warranty period and release of retainage

Common Preparation Pitfalls to Avoid

Unclear scope or missing exhibits that increase change orders and disputes during construction.
Mismatched party names or signatory authority that lead to enforceability challenges or tax reporting errors.
Ambiguous milestone definitions that complicate payment triggers and calculation of liquidated damages.
Insufficient insurance, bonding, or indemnity provisions that shift unexpected liability to the owner or contractor.

Consequences of an Incomplete or Incorrect Agreement

Contract Disputes: Delay, arbitration, or litigation

Financial Exposure: Unplanned costs or disputed invoices

Lien Risk: Contractor or subcontractor liens may attach

Schedule Delays: Loss of completion bonuses or liquidated damages

Regulatory Penalties: Noncompliance fines for permits or safety violations

Recordkeeping Failures: Loss of evidence for claims or audits

Real-World Use Examples

Examples illustrate how parties apply the agreement in typical owner and contractor scenarios.

Owner Example

A municipal owner required design milestones and progressive payments tied to deliverables.

The contractor provided bonds and a two-step acceptance.
The signed agreement plus exhibits reduced schedule disputes and clarified payment withholding during a multi-phase public works upgrade, enabling smoother permit approval and predictable cash flow for subcontractors.

Contractor Example

A general contractor negotiated clearer change-order pricing methods to limit cost exposure.

The owner approved a time-and-materials cap for certain unknown conditions.
That provision limited downstream claims during unforeseen site conditions and provided a documented basis for prompt interim payments while remediation proceeded.

eSignature Pricing and Feature Snapshot for Contract Execution

Compare core pricing and capabilities for common eSignature vendors used to execute design and construction agreements; signNow appears first for reference.

	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 trial	Varies	Varies	Varies	Varies
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	Varies	Varies

Frequently Asked Questions and Practical Answers

Answers address common legal, execution, and storage questions about the Project Management Design & Construction Agreement.

Need help? Contact support

Can this agreement be e-signed?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention are established.
Are notaries or witnesses required?
Notarization is often required for recording or to create a self-proving affidavit. Witness requirements vary by state and document type; check local recording office rules before execution.
How long must I keep signed copies?
Retention depends on the record type: IRS-related financial records at least three years (IRC §6501(a)); HIPAA-protected records six years (45 CFR §164.530(j)); construction records often retained seven years for claims.
What if a signer lacks authority?
If a signer lacks delegated authority, the agreement may be voidable. Require corporate resolutions or power of attorney evidence before finalizing to prevent later enforcement risk.
How do I amend the agreement?
Use a written amendment signed by authorized representatives of all parties. Document the effective date and reference original agreement and exhibit versions to preserve auditability.
Can I revoke or cancel after signing?
Revocation or termination depends on contract clauses and applicable law; check termination, cure, and notice provisions. Some rights (liens, accrued payments) survive termination.

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