Project Plan & Elevation Template

PROJECT PLAN & ELEVATION TEMPLATE

This Project Plan & Elevation Template (the "Agreement") is entered into by and between Client Name: and Contractor Name: . Effective Date: .

WHEREAS

WHEREAS, Client retains Contractor to prepare a project plan, site elevations, and related construction documentation for the property located at Project Address: ;

WHEREAS, Contractor represents that it has the professional expertise, personnel, and capacity to perform the services described herein in a competent and timely manner; and

WHEREAS, the parties desire to set forth the scope, deliverables, payment terms, schedule and other material terms governing the work to be performed.

SCOPE OF WORK

Deliverables shall include, at a minimum: site plan, exterior elevations, roof plan, material schedule, and one set of revision drawings. Specific deliverable milestones and acceptance criteria are set forth below.

PROJECT DELIVERABLES & MILESTONES

Milestone 1 - Concept Plan: Deliverable Description:

Due Date:    Payment on Completion:

Milestone 2 - Schematic Elevations: Deliverable Description:

Due Date:    Payment on Completion:

Final Deliverables - Construction Documents: Deliverable Description:

Due Date:    Payment on Completion:

PAYMENT TERMS

Payment Schedule: Client shall pay Contractor according to the milestone schedule above. A non-refundable deposit of is due upon execution. Remaining amounts are due within days of each milestone acceptance.

Late Payment: Any undisputed amount not received within the payment period shall accrue interest at a rate of % per annum, plus reasonable collection costs, or the maximum allowed by law, whichever is less.

TERM AND TERMINATION

Term Commencement Date: . Anticipated Completion Date: .

Either party may terminate this Agreement for cause if the other party materially breaches any obligation and fails to cure the breach within days after written notice. Either party may terminate without cause upon days' prior written notice. Upon termination, Contractor shall be paid for all services performed and reasonable costs incurred through the effective date of termination.

CONFIDENTIALITY

Contractor and Client acknowledge that each may disclose information that is confidential and proprietary. Confidential Information shall include all non-public technical, business and project information disclosed by either party. Neither party shall disclose Confidential Information to any third party or use it for any purpose other than performance under this Agreement, except as required by law. Confidentiality obligations shall survive termination for a period of three (3) years.

ELEVATION REQUIREMENTS

The elevations shall indicate finished floor elevations, exterior material callouts, fenestration types, and roof slopes. Contractor shall coordinate elevations with site grading and drainage shown in the site plan deliverable.

INSPECTIONS, REVISIONS & ACCEPTANCE

Contractor shall allow up to two (2) rounds of reasonable revisions to drawings and elevations at no additional charge. Additional revisions beyond two rounds shall be billed at the agreed hourly rate of per hour. Client shall respond to deliverables within days of receipt; failure to respond shall constitute acceptance for billing purposes.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles. Venue for any dispute arising under this Agreement shall lie exclusively in the appropriate state or federal court located in that state.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Contractor's liability for any claim arising out of or related to this Agreement shall be limited to direct damages not to exceed the total fees paid by Client under this Agreement. In no event shall either party be liable for incidental, consequential, special or punitive damages.

ENTIRE AGREEMENT

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

ADDITIONAL PROVISIONS

Independent Contractor: Contractor is an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship.

Assignment: Neither party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other party, except that Contractor may assign receivables for financing purposes.

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