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Terms and Conditions
P.1 The Architect fees, hourly rates, and other fees quoted in this agreement shall be valid for twelve (12) months. The Architect reserves the right to increase these fees if services are required beyond twelve (12) months.
P.2 The Owner has the right to cancel Architectural design services at any time for cause or for the Owner’s convenience and will be responsible only for payment of services performed up to the date of cancellation ($150/hour rate times number of unpaid hours). Any cancellation of Architectural design services shall be done in writing. The Owner shall give at least two (2) weeks advance notice prior to cancellation.
P.3 If the Owner breaches the terms of this agreement and such breach is not cured within seven (7) days written notice from the Architect, the Architect may stop work and/or terminate this agreement and the Owner shall pay all amounts due to the Architect for its work prior to such stoppage or termination. Further, the Architect shall have any and all other remedies available at law or equity as a result of such breach by the Owner. The Architect shall not be responsible for any damages or delays to the Owner caused as a result of such stoppage or termination of the Architect’s work.
P.4 The Architect shall not be liable to the Owner for any special, indirect, incidental or consequential damages arising from a breach of this agreement. The liability of the Architect to the Owner for any breach shall be limited to sums paid and/or due and owing by the Owner to the Architect under this agreement.
P.5 The Architect is an independent contractor and nothing contained in this agreement shall create or be deemed to create an employment, agency, joint venture or partnership relationship between the Architect and the Owner.
P.6 This document and the attached exhibits and addendums constitutes the entire agreement between the parties relating to the Architect’s work on the project. All prior, contemporaneous and preliminary negotiations, understandings, agreements, covenants and representations are merged herein. No representations, warranties or
promises pertaining to this agreement have been made by, nor shall be binding upon, either of the parties, except as expressly stated in this agreement. This agreement may not be amended or modified orally, but only by an agreement in writing signed by all parties hereto.
P.7 The Owner agrees, in recognition of the relative risks and benefits to both the Owner and Architect, to the fullest extent permitted by law, to limit the liability of the Architect, and its subconsultants to the Owner for any and all claims, losses, damages and costs (including reasonable legal fees and expenses) of any nature whatsoever, so that the total aggregate liability of the Architect and its consultants shall be limited to the lesser of the fee compensation paid by the Owner to the Architect or the maximum amount of professional liability insurance coverage available for the Project at the time of settlement or judgment. Such claims include, but are not limited to, negligence, professional errors or omissions, breach of contract or warranty (whether expressed or implied).
P.8 The Owner agrees to indemnify and hold Architect harmless from and against damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees and expenses), arising out of the negligent acts, errors or omissions of Owner, Owner’s consultants and contractors. This includes any violations or stop work orders administered by the local government authorities and any related consequential damages. The Architect agrees to indemnify and hold Owner harmless from and against damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses, arising out of the negligent act, error or omission of the Architect under this Agreement. Owner additionally agrees to carry a homeowner’s insurance policy for general liability and property coverage, of coverage amounts customary for the area.
P.9 Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site.