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.
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 © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 2 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 © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 3 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 party. 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 © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 4
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