Contract Retaining Architect for Consultation


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									The following is a contract between an employer and an architect. This agreement
retains the architect's services for consultation. It includes, but is not limited to the
following clauses: a services clause; a clause which determines who handles the hiring
of employees; compensation schedule; the termination rights of both parties;
severability of the clauses; no waiver clause; governing law; notices; attorney's fees; a
mandatory arbitration clause; assignment rights, and compliance with laws. This
contract contains both standard clauses as well as opportunities for customization to
ensure that the understandings of the parties are properly set forth. Use this form when
retaining an architect or architects for consultation.
                         Contract Retaining Architect for Consultation

        Agreement made on the (date), between (Name of Architect) of (street address,
city, state, zip code), referred to herein as Architect, and (Name of Client), of (street
address, city, state, zip code), referred to herein as Client.
        Whereas, Client requires certain consultations with regard to the preparation of
plans and specifications for and the supervision of the construction of a Condominium
Development to be erected at (street address, city, state, zip code), such consultations
to include suggestions, estimates, and such necessary professional services as will
enable Client to make knowledgeable decisions in regard to the construction; and

       Whereas, the legal description to said property on which said Condominium
Development (the Development) is to be built is attached hereto as Exhibit A and made
a part hereof by reference;

      Whereas, Architect desires to provide consulting services for such Development
according to the terms of the Agreement set forth below;

     Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the parties agree as follows:
1.     Services. Until the termination of this Agreement, Architect shall be vested with
the centralized responsibility, subject to such instructions as may be issued to him from
time to time by Client, for directing, organizing, coordinating, and expediting the
preparations of all plans, specifications, and instructions for the platting of Client's real
property and for any physical improvements or alterations, to be undertaken on Client's
real property. To that end, all decisions, orders, and authorizations controlling or
modifying Client's specifications and instructions shall be issued on behalf of Client only
through Architect or with his prior knowledge.

2.     Staff. There shall be selected from time to time by mutual agreement between
Architect and Client, and shall be employed at the expense of Client, certain principal
members of a staff of designers, each of whom shall be responsible to Client through
Architect and under the general direction of Architect, for the quality and efficiency of
certain designated aspects of the work of design of the Development.

3.      Compensation. For the services specified in this Agreement, Architect shall
receive a compensation of $___________ per hour to be paid in full by the first day of
the month such services were rendered. Any expenses for traveling and subsistence
incurred by Architect during the period of this Agreement, except where Client
authorizes him to incur expenses for specific purposes on behalf of Client, and except
such special trips as Architect may be required to make for the purpose of research
work, special investigations, and conferences with Client, such special trips being made
either from (Address of Development), or from his office. Client shall furnish Architect,
without cost to Architect, such transportation as may be necessary for Architect to carry
on his work properly. Such authorized expenses are to be reimbursed to Architect by

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Owner on or before the first day of the month following the month in which said
expenses were incurred.

4.      Termination.
        A.      Client shall have the right to terminate this Agreement for any cause
        after (number) months from date of Agreement by giving (number) days' notice of
        such termination.

        B.     Architect shall have the same right to terminate the Agreement by
        resigning on (number) days' notice after the first (number) months, if, in his
        opinion, conditions under which he is required to carry out the work make its
        satisfactory accomplishment impractical.

5.    Severability. The invalidity of any portion of this Agreement will not and shall not
be deemed to affect the validity of any other provision. If any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
6.    No Waiver. The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver of any
breach of any of the terms and conditions of this Agreement, shall not be construed as
subsequently waiving any such terms and conditions, but the same shall continue and
remain in full force and effect as if no such forbearance or waiver had occurred.
7.     Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the State of (name of state).
8.     Notices. Unless provided herein to the contrary, any notice provided for or
concerning this Agreement shall be in writing and shall be deemed sufficiently given
when sent by certified or registered mail if sent to the respective address of each party
as set forth at the beginning of this Agreement.
9.     Attorney’s Fees. In the event that any lawsuit is filed in relation to this
Agreement, the unsuccessful party in the action shall pay to the successful party, in
addition to all the sums that either party may be called on to pay, a reasonable sum for
the successful party's attorney fees.
10.     Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to
the contrary, any dispute under this Agreement shall be required to be resolved by
binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator,
each party shall select one arbitrator and both arbitrators shall then select a third. The
third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed
by the rules of the American Arbitration Association then in force and effect.
11.   Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind

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preceding the date of this Agreement shall not be binding upon either party except to
the extent incorporated in this Agreement.
12.     Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if placed in writing and signed by each party or an authorized representative of
each party.
13.    Assignment of Rights. The rights of each party under this Agreement are
personal to that party and may not be assigned or transferred to any other person, firm,
corporation, or other entity without the prior, express, and written consent of the other
14.    Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute but one and the same instrument.
15.     Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will
be followed and complied with in all respects by both parties.
        WITNESS our signatures as of the day and date first above stated.

        ________________________                   _________________________
        (Signature of Architect)                    (Signature of Client)
        (Printed Name of Architect)                 (Printed Name of Client)

Attach Exhibit

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