Real Estate Building Design

REAL ESTATE BUILDING DESIGN AGREEMENT

Parties and Effective Date

This Building Design Agreement (the "Agreement") is entered into by and between Owner Name: and Designer Name: with an effective date of .

Property Identification

Property Disclosures

Lead-Based Paint Present? Yes No

Reported Mold or Moisture Damage? Yes No

Prior Structural or Fire Damage? Yes No

Scope of Services

Designer shall provide professional building design services for the Property including schematic design, design development, preparation of construction documents, assistance with permits and approvals, and construction administration as reasonably required. Core phases to be delivered include:

Selected Design Phases (check all that apply) Schematic Design Design Development Construction Documents Permit Assistance Bidding / Negotiation Construction Administration

Schedule and Milestones

Project Commencement Date:    Substantial Completion Target Date:

Compensation and Payment

Compensation basis: Lump Sum Hourly Percentage of Construction Cost

Payment schedule and terms:

Late payment interest: . Payments overdue beyond days shall incur the stated interest and collection costs.

Reimbursable Expenses

Designer shall be reimbursed for reasonable out-of-pocket expenses incurred in performance of services, including permits, professional surveys, printing, and travel. Reimbursables require prior Owner approval when in excess of .

Owner Responsibilities

Owner shall provide full information regarding requirements, access to the Property, timely decisions, approvals, and payment of fees. Owner shall secure and pay for tests, surveys, or specialized studies unless otherwise provided. Specific owner obligations:

Permits, Approvals and Code Compliance

Designer will prepare documents reasonably necessary for permit applications. Owner is responsible for fees and for timely application submittals. Designer's obligation is to design to applicable codes in effect at the time of submittal; Designer is not responsible for changes in law after issuance of permits unless otherwise agreed in writing.

Changes and Change Orders

Any changes in scope, fee, or schedule shall be authorized by written change order signed by both parties. Designer shall provide cost and time impact estimates prior to commencement of changed services. Owner must approve change orders within days of written proposal or Designer may suspend work.

Intellectual Property and Deliverables

All design documents, drawings and specifications prepared by Designer are instruments of professional service. Upon full payment Designer grants Owner a non-exclusive license to use the documents for construction of the Project. Reuse for other projects or modification by others without Designer's written consent is prohibited. Transfer of copyright and ownership of original drawings shall be governed by separate written agreement.

Confidentiality

Each party shall maintain in confidence proprietary information received from the other and shall not disclose such information except to consultants, contractors, or as required by law. This obligation survives termination of this Agreement for three years.

Insurance and Professional Liability

Designer shall maintain professional liability insurance covering negligent acts, errors and omissions with minimum limits of per claim and general liability insurance in the amount of . Designer shall provide certificates upon request.

Indemnification

To the fullest extent permitted by law, each party shall indemnify, defend and hold harmless the other party from claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligent acts or willful misconduct in the performance of this Agreement. This indemnity does not apply to the extent such claims arise from the sole negligence or willful misconduct of the indemnified party.

Limitation of Liability

Except for liability arising from willful misconduct or criminal acts, Designer's total liability to Owner for any claim arising out of or relating to this Agreement shall not exceed the total compensation paid to Designer under this Agreement.

Termination

This Agreement may be terminated by either party upon days' written notice for material breach if the breach remains uncured. Upon termination Owner shall pay Designer for services performed and reimbursable expenses incurred to the date of termination.

Dispute Resolution and Governing Law

Claims arising under this Agreement shall first be subject to good faith negotiation. If unresolved, disputes shall be submitted to mediation, followed by binding arbitration if mediation fails, unless waived. This Agreement shall be governed by the laws of the state of .

Default and Remedies

In the event of default by either party, the non-defaulting party may pursue all remedies available at law or in equity, including specific performance, injunctive relief, and recovery of costs and attorneys' fees where permitted by applicable law.

Notices

Notices under this Agreement shall be in writing and delivered to the contact addresses set forth above or to such other addresses as the parties may designate in writing. Notice is effective upon receipt.

Entire Agreement

This Agreement, including attachments and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings. Any amendment must be in writing and signed by both parties.

Acknowledgment

By executing below the parties acknowledge that they have read, understood, and agree to be bound by the terms of this Agreement and that the person signing has authority to bind the respective party.

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