Indiana Architect Contract for Design

State:
Multi-State
Control #:
US-00417
Format:
Word; 
Rich Text
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Description

This Architect Contract for Design is a general contract to retain an architect to a design home or building. This contract can be used in any state.This contract outlines the services to be performed, compensation terms, and number of phases until completion.
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FAQ

In 1990, Congress passed the Architectural Works Copyright Protection Act (AWCPA) to protect the design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings, including the overall form as well as the arrangement and composition of spaces and elements

The basic elements that should be addressed in an agreement between an owner and architect include (1) the owner's objectives for the project, (2) the architect's scope of services and a description of the drawings or other deliverables the architect is to furnish; (3) the fees to be paid for providing those services

A copyrighted work is owned by the author of the design at the time it is completed in hard copy or digital form. Absent a written agreement to the contrary, the owner of the copyright is the engineer, architect or designer who produced the design.

Design-build is a project delivery method in which the owner contracts directly with one entity to provide both the design and construction of the project. It is important to recognize that a design-builder assumes responsibility and liability for both the design services and construction work.

Thus, while architects and engineers may own their original models, drawings, and specifications, they do not own their designs. Copyrights belong to the author of the work, except works "for hire," created as part of the author's employment.

Under copyright law, the architect who prepares architectural plans and drawings is considered the author and owner of the copyright in those plans or drawings, unless there is an agreement to the contrary.

Architecture Contracts are the joint agreements between development partners and sponsors on the deliverables, quality, and fitness-for-purpose of an architecture. Successful implementation of these agreements will be delivered through effective architecture governance (see Architecture Governance).

Although architects who carry out architectural work on their own properties cannot claim for loss or damage that they may suffer arising out of shortcomings or mistakes that is they cannot make claims against themselves then they would remain liable for claims by others.

Steps to Create the ContractIdentifiers for each party.the project location.a brief description of the project.a basic scope of services to be performed by you.a proposed compensation structure.actions for the client to take if they elect to move forward with you.

You might easily assume that once the project is finished and paid for, you own the full rights to it. However, that's not necessarily the case. Copyright law assigns ownership of a piece of work to the person who actually created the work. That means it automatically belongs to the designer.

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Indiana Architect Contract for Design