Architecture Contract Template — Design Phases & Construction Administration
Define design services clearly, establish change order procedures, and protect your practice with a contract built for architects.
Contract Template
1. Parties & Agreement
Identifies the architect or architecture firm and client entering into an architectural services relationship.
This Architectural Services Agreement ("Agreement") is entered into as of [DATE]:
Architect: [YOUR NAME/FIRM], located at [ADDRESS], licensed in [STATE/JURISDICTION] ("Architect")
Client: [CLIENT NAME/COMPANY], located at [ADDRESS] ("Client")
This Agreement governs architectural services for the project described below.2. Project Description & Scope
Specifies project type, location, and general scope of architectural services.
Project: [PROJECT NAME/DESCRIPTION] Location: [PROJECT ADDRESS] Project Type: [RESIDENTIAL / COMMERCIAL / INSTITUTIONAL / OTHER] General Scope: - Architectural design services - Construction documents - Construction administration (if included) - [OTHER SERVICES] NOT Included: - Structural, MEP, or other engineering services - Construction work or contractor services - Interior design (unless specified) - Landscape architecture (unless specified)
3. Design Phases & Deliverables
Breaks services into standard architecture phases with specific deliverables.
Phase 1 - Schematic Design: - Deliverables: Site analysis, preliminary design concepts, floor plans, elevations - Timeline: [X] weeks Phase 2 - Design Development: - Deliverables: Refined design, material selections, systems coordination - Timeline: [X] weeks Phase 3 - Construction Documents: - Deliverables: Complete construction drawings, specifications, details - Timeline: [X] weeks Phase 4 - Bidding/Negotiation: - Deliverables: Addenda, contractor coordination, bid analysis - Timeline: [X] weeks Phase 5 - Construction Administration: - Services: Site visits, contractor coordination, change order review - Duration: Duration of construction Each phase requires Client approval before proceeding to next phase
4. Payment Terms
Structures payments around design phases with retainage for construction administration.
Total Fee: $[AMOUNT] Payment Schedule: - 10% ($[AMOUNT]) due upon signing - 20% ($[AMOUNT]) due upon approval of Schematic Design - 25% ($[AMOUNT]) due upon approval of Design Development - 30% ($[AMOUNT]) due upon completion of Construction Documents - 10% ($[AMOUNT]) due upon completion of Bidding/Negotiation - 5% ($[AMOUNT]) retainage released upon substantial completion Payment Terms: Net [X] days from invoice Late Payment: [X]% monthly fee after [X] day grace period
5. Change Orders & Additional Services
Establishes procedures for handling changes to scope or requirements.
Change Orders Required For: - Client-requested design changes after phase approval - Code compliance updates due to code changes - Additional services outside base scope - Revisions due to contractor requests or field conditions Change Order Process: - Architect will provide written change order with description and fee - Client must approve change order in writing before work begins - Change orders are additions to base fee Additional Services (Available as Add-Ons): - Interior design services - Landscape architecture - 3D renderings or visualization - LEED certification support - Extended construction administration
6. Construction Administration Services
Defines scope of construction administration and limitations.
Construction Administration Includes: - [X] site visits per month during construction - Review of contractor submittals - Review of contractor payment applications - Observation of construction progress - Coordination with contractor and consultants Construction Administration Does NOT Include: - Daily supervision or construction management - Guarantee of contractor performance or work quality - Control over construction means, methods, or safety - Responsibility for contractor delays or cost overruns Architect observes and reports; does not direct construction work Additional site visits: $[RATE] per visit
7. Code Compliance & Permitting
Clarifies architect and client responsibilities for code compliance and permits.
Architect Responsibilities: - Design to applicable building codes and regulations - Prepare construction documents suitable for permit application - Respond to plan review comments Client Responsibilities: - Obtain all necessary permits and approvals - Pay permit fees and plan review fees - Coordinate with local authorities Architect cannot guarantee permit approval as that depends on local authorities If code changes require design revisions after documents are complete: Change order required Architect designs to code as of [DATE]; code changes after that date may require revisions
8. Professional Liability & Insurance
Establishes professional liability insurance and limitations.
Architect maintains professional liability insurance: - Coverage: $[AMOUNT] per occurrence / $[AMOUNT] aggregate - Errors & Omissions coverage Architect's liability limited to: - Total fees received under this Agreement, OR - Insurance coverage limits, whichever is less Architect not liable for: - Indirect, consequential, or punitive damages - Contractor errors or performance issues - Material defects or product failures - Code changes after design completion - Client modifications to design without architect approval Claims must be made within [X] years of project completion
9. Intellectual Property & Reuse Rights
Establishes ownership of design documents and reuse rights.
Design documents, drawings, and specifications are Architect's intellectual property Client receives license to use documents for this specific project only Client may not: - Reuse design for other projects without Architect permission - Modify design documents without Architect approval - Use design concepts for other projects Architect retains rights to: - Design concepts and methodologies - Standard details and typical conditions - Use project in portfolio and marketing materials If Client wants to reuse design: Separate agreement and fee required
10. Client Responsibilities
Defines what clients must provide for architectural services.
Client must provide: - Site information and surveys - Program requirements and design criteria - Budget information - Timely approvals and feedback - Access to site for site visits - Information about existing conditions Client must: - Make decisions in timely manner - Provide accurate information - Obtain necessary approvals and permits Delays in providing information or approvals may extend project timeline Client responsible for accuracy of provided information
11. Termination
Allows termination with notice and defines payment for completed work.
Either party may terminate with [X] days written notice Upon termination: - Client pays for all work completed through termination date - Architect delivers all completed documents and work-in-progress - If Client terminates after [X]% completion, Client pays [X]% kill fee Documents delivered "as-is" without warranty Architect retains intellectual property rights Client may not use incomplete documents for construction without Architect approval
12. Signatures
Executes the architectural services agreement with dated signatures.
Both parties agree to the terms above. Architect: _________________ Date: _________ Client: _________________ Date: _________
Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. We recommend having a qualified attorney review any contract before use to ensure it meets your specific needs and complies with applicable laws in your jurisdiction.
Pro Tips
- Break services into phases—each phase has clear deliverables
- Establish change order procedures—changes after approval cost extra
- Clarify construction administration scope—you observe, not supervise
- Set professional liability limits—protect your practice
- Define code compliance responsibilities—you design to code, client gets permits
- Protect your intellectual property—designs are yours, licensed to client
Key Features of This Contract
Design Phase Structure & Deliverables
Breaks architecture services into standard phases: schematic design, design development, construction documents, bidding/negotiation, and construction administration. Each phase has specific deliverables and approval gates. Prevents clients from expecting construction documents before schematic design is approved. Creates clear milestones for payment and prevents scope creep between phases.
Change Order Procedures & Additional Services
Establishes procedures for handling changes to scope, design, or requirements after phases are approved. Defines what constitutes additional services (client-requested changes, code compliance updates, contractor coordination) versus base scope. Requires written change orders with pricing before additional work begins. Protects architects from scope creep disguised as "minor adjustments" that require significant redesign.
Construction Administration Scope Limits
Clarifies that construction administration means periodic site visits and contractor coordination, not daily supervision or contractor performance guarantees. Defines visit frequency, what architect observes versus enforces, and limitations on architect authority over contractors. Prevents clients from expecting architects to guarantee contractor work quality or construction timelines.
Professional Liability & Errors & Omissions
Establishes professional liability insurance requirements and limitations on architect liability. Defines what constitutes professional errors versus issues outside architect control (contractor errors, material defects, code changes). Limits liability to fees received or insurance coverage, excluding indirect damages. Protects architects from unlimited liability for design decisions made in good faith.
Code Compliance & Permitting Responsibilities
Clarifies architect responsibility for code compliance in design documents versus client responsibility for obtaining permits and approvals. Architect designs to code, but cannot guarantee permit approval as that depends on local authorities. Defines what happens if code changes require design revisions. Prevents disputes about who pays for code-related changes.
Intellectual Property & Reuse Rights
Establishes that design documents and drawings are architect's intellectual property, licensed to client for this specific project. Architect retains rights to design concepts, methodologies, and standard details. Client receives use rights for the project but cannot reuse designs for other projects without permission. Protects architect investment in design work.
Frequently Asked Questions
What's included in construction administration?
Construction administration typically includes periodic site visits, review of contractor submittals, observation of construction progress, and coordination. It does NOT include daily supervision, construction management, or guarantees of contractor performance. Your contract should clearly distinguish between observing/reporting versus directing construction work.
What if the client wants design changes after approval?
Changes after phase approval require change orders with additional fees. Your contract should establish clear change order procedures: written description of changes, fee estimate, and client approval before work begins. This protects you from scope creep disguised as "minor adjustments" that require significant redesign.
Am I responsible if the contractor makes mistakes?
No. Architects observe and report on construction; they don't control contractor work. Your contract should explicitly state that you're not responsible for contractor errors, performance issues, or construction delays. You're responsible for design errors, not construction execution.
Who owns the design documents?
You do. Design documents are your intellectual property, licensed to the client for this specific project. The client can't reuse your design for other projects without permission. Your contract should clearly establish ownership and reuse rights to protect your investment in design work.
What if building codes change after I complete the design?
If codes change after your design is complete, code compliance updates require a change order. Your contract should specify that you design to code as of a certain date. Code changes after that date are outside your control and may require design revisions at additional cost.
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