DESIGN CONTRACT FOR ARCHITECTS

Good day to all to my fellow architects i share my contract of services sample format based on UAP documents, after your verbal agreement or negotiating with your client please prepare your contract of services between you and the client this is  part of the being an architect and engage to business in architecture because this contract one of the certify that you have a previous project that is part of your Portfolio not only your Perspective, drawings and presentation but we need a legal documents.

C  O  N  T  R  A  C  T     O  F     S  E  R  V  I  C  E  S

PROJECT                         :          

LOCATION                       :          

OWNER/DEVELOPER        :          

ARCHITECT                      :

           

           

This AGREEMENT, made and entered into this _____day of _______________ in the year Two Thousand and ______________ by and between :

___________________________,  a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office and place of business at ______________________________________________,  represented herein by ____________________________, hereinafter referred to as the OWNER.

- and -

___________________________________,  an architectural office duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office and place of business at  _______________________________________,  represented in this act by its Principal Architect, ________________________, hereinafter  referred to as the ARCHITECT.

WHEREAS, it is the intention of the Owner and in the best interest of the project to secure the professional services of the Architect for the proposed: _________________, hereinafter referred to as the PROJECT.

WHEREAS, the realm of the professional services of the Architect shall be based on the document published by United Architects of the Philippines (UAP) under Architect’s National Code : Standards of Professional Practice.

NOW, THEREFORE, the OWNER and the ARCHITECT, for and in consideration of the foregoing premises of the covenants, agreement and stipulation set forth, do hereby agree as follows:

ARTICLE 1    GENERAL STATEMENT

The OWNER finds it practical and expedient to engaged the ARCHITECT in the process of studying, programming and analyzing the viability of the project.  Thereby, the client has commissioned the ARCHITECT to perform services other than purely architectural or designing services.

ARTICLE 2    GENERAL SCOPE OF SERVICES

Hereunder are the scope of work to be done by the ARCHITECT, as  authorized by the OWNER, for the subject project, herein referred to consists of PRE-DESIGN SERVICES.

2.1                       Economic Feasibility Studies

2.2                       Project Financing

2.3                       Architectural Programming

2.4                       Site Selection and Analysis

2.5                       Site Utilization and Land Use Studies

2.6                       Space / Management Studies

2.7                       Promotional Services

ARTICLE  3   DETAILED SCOPE OF SERVICES

3.1            Economic Feasibility Studies

3.1.a         The ARCHITECT shall conduct a study to determine the viability of a project such as its cost of development versus its potential return to the Owner.  A detailed cost-benefit analysis can guide the client and the Architect in selecting a more viable alternative plan.

3.1.b         He shall also prepare a detailed cost-benefit analysis that will guide the Owner in selecting a more viable plan / project.

3.2             Project Financing

3.2.a         The ARCHITECT shall assist in the determination of requirements of lending agencies, income-expense relationship and relative demand for different building types in actual financing negotiations.

3.3             Architectural Programming

3.3.a         The ARCHITECT shall investigate, identify and document the requirements of the client, for his needs and use in the design of this project.

3.4             Site Selection and Analysis

3.4.a         The ARCHITECT shall assist the client in locating sites for the proposed project and evaluating their adequacy with regards to topography, sub-surface conditions, utilities, development costs, climate, population, legal considerations and other factors.

3.5             Site Utilization and Land Use Studies

3.5.a         The ARCHITECT shall prepare detailed analysis of the site to develop its potential  through the proper utilization of the land.

3.6             Space / Management Studies

3.6.a         The ARCHITECT shall analyze the space requirements of the project based on organizational structure and functional setup.  He shall consider the human behavior and transactional analysis to pinpoint linkages and interactions of spaces.

3.6.b         The ARCHITECT shall also study the cover space use and space character analysis, work station and space module design and a space program to serve as basis for architectural design.

3.7             Promotional Services

3.7.a         The ARCHITECT shall assist the OWNER in generating financial support and acceptance from governing agencies or from the general public.

3.7.b         The ARCHITECT shall design promotional items like brochures, drawings, and the like.

3.7.c         The ARCHITECT shall produce and coordinate the additional activities necessary to complete the services.

ARTICLE  4   ARCHITECT’S FEE AND MANNER OF PAYMENTS

4.1       That the OWNER agrees to pay the ARCHITECT a lumpsum  compensation package of the above mentioned services of P_______________  or on a compensation computed on P _______per man hour plus a multiplier of _______, to cover for the overhead on every technical man hour expended on the project.

4.2        That the payment to the ARCHITECT/S are as follows:

    4.2.a     (Peso      in     words)  (P ___________) upon signing  of this agreement.

                

    4.2.b     That the OWNER agrees to make partial payments upon request of the ARCHITECT.

4.3       The Fees and manner of payments to the ARCHITECT shall be based in accordance with the documents published by the United Architects of the Philippines (UAP)  Architect’s National Code : Standards of Professional Practices under UAP Document 208 “Selection of the Architect and Method of Compensation.”

ARTICLE  5   THE OWNER’S RESPONSIBILITIES

5.1       Provides the Architect with full information regarding the requirements of the Project, a reproduction copy of the Torrens Title of the land and a copy of the topography of the site.

5.2       Be responsible and make certain the availability, programming and allocation of funds for the payment of services to the Architect and his Consultants.

ARTICLE  6   ESTIMATES

Any statement of probable project construction cost or any cost estimate submitted by the Architect is normally within the acceptable range of accuracy.  However, there can be no finality of cost because of factors that the Architect has no control of, such as the fluctuation of cost of labor and materials, bank interest rates and inflation rate and political situation in the locality and the many factors that go into competitive bidding.  Furthermore, a substantial gap between the date of submission of the estimate and the date of implementation of the project may affect the cost due to change of cost of materials and labor.

ARTICLE  7   OWNERSHIP OF DOCUMENTS AND PROTECTION OF INTELLECTUAL PROPERTY

7.1          Pursuant to the principle and spirit in the enactment of Presidential Decree No. 49 on the Protection of Intellectual Property dated November 14, 1972, the Work of architecture; ornamental design; maps, plans, sketches and charts; scientific and artistic work as the creative conceptual designs indicated or projected in the drawings and/or models or reports are and shall remain the property of the Architect.

7.2          Republic Act 545 Section 24. (4), stipulates that all designs, drawings, specifications and copies thereof, prepared by the Architect as instruments of service, are the property and documents of the Architect whether the work for which they are made may be executed or not, and it shall be unlawful for any person to copy, duplicate said documents for use on other works except by  written consent of the Architect or author of said documents and the Architect properly compensated for it.

7.3         If the Owner would desire to have a copy of the Drawings on reproducible film or paper (sepia) or copies of photographs, slides, video and film cups, etc., the Owner shall pay for the cost of said reproducible copies on his own account and in no case shall it be reproduced or to be used on other works except by written agreement with the Architect, and the Architect properly compensated for it.

ARTICLE 8    SUCCESSORS AND ASSIGNS

The Owner and the Architect each bind themselves, their partners, successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other parties in respect to covenants of this Agreement.  Except as specified, neither the Owner nor the Architect shall assign, sublet, or transfer their interest to this Agreement without the written consent of the other.

ARTICLE 9    ARBITRATION

All questions in dispute under this Agreement shall be submitted to arbitration as per Executive Order 1008 dated February 4, 1985 otherwise known as the “Construction Industry Arbitration Law”.

THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS CONTAINED HEREIN AND PRAY FOR THE GUIDANCE OF THE LORD FOR A SUCCESSFUL COMPLETION OF THE PROJECT.

IN WITNESS WHEREOF, the Parties to this Agreement have on the day and year first above given, hereunto set their hands at the bottom of this page and on the right-hand margin of all the other pages of this

Agreement by:                                                            by:

__________________________________        __________________________________

              O W N E R                                                 A R C H I T E C T                                  

 Signed in the Presence of:

__________________________________        __________________________________

Republic of the Philippines

City of _______________

            Before me, a Notary Public in and for the City of ___________ personally appeared Mr. __________ with Residence Certificate no. ____________ on _______, 2000 at _______________ City and Architect _________________ with Residence Certificate no. ________________ issued at __________ City on ________, 2000, both known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is their free act and deed.

            In witness whereof, I have hereunto set my hand and affixed my Notarial seal this _______ day of ________ 2000  in the City of  __________, Philippines.

                                                                                                ________________________

                                                                                                Notary Public



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