A contract for the employment of an architect, an engineer, or a surveyor should identify the parties clearly, state the relationship between them, and spell out in reasonable detail the services to be performed under the contract. The contract should also clearly specify the rights of the architect, engineer, or surveyor in respect to such things as compensation, ownership and use of plans, working drawings, etc.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Massachusetts Project Agreement Between A Non-Profit Church Corporation and Architect Introduction: In Massachusetts, the project agreement between a non-profit church corporation and an architect is a crucial legal document that outlines the terms and conditions governing the architectural services provided for the church's construction or renovation project. This agreement ensures a clear understanding of the roles, responsibilities, and deliverables expected from both parties to achieve a successful outcome. There are primarily two types of Massachusetts project agreements between non-profit church corporations and architects: Architectural Design Agreement and Construction Administration Agreement. 1. Architectural Design Agreement: The Architectural Design Agreement is the initial phase of the project, whereby the non-profit church corporation engages an architect's services to create the architectural design plans and layout for the church's construction or renovation project. This type of agreement typically includes the following key components: a. Scope of Services: It outlines the specific tasks and responsibilities of the architect, such as conceptual design, schematic design, design development, and preparation of construction documents. b. Project Schedule: A detailed timeline providing milestones and deadlines for various design phases, submission of drafts, and final deliverables. c. Compensation: Specifies the architect's fee structure, whether it is a fixed fee, percentage of the total project cost, or an hourly rate. The payment terms, invoicing schedule, and any additional reimbursable expenses should also be included. d. Copyright and Ownership: Clarifies the ownership and copyright of the design plans, ensuring that the non-profit church corporation has the necessary rights to utilize and modify the architectural drawings in the future. e. Changes and Modifications: The process for handling design changes, including the architect's role in assessing the feasibility, impact on costs, and necessary approvals from the church corporation. f. Permitting and Regulatory Compliance: Clearly defines the architect's responsibilities in preparing and filing necessary permits and ensuring compliance with local building codes and regulations. 2. Construction Administration Agreement: The Construction Administration Agreement comes into effect after the completion of the design phase and involves overseeing the construction process according to the approved design plans. This agreement typically encompasses the following key elements: a. Site Visits and Inspections: Outlines the architect's responsibility for periodic on-site inspections to verify that the construction work conforms to the approved design plans, specifications, and applicable regulations. b. Contractor Coordination: Establishes the architect's role in collaborating with the contractors, subcontractors, and project stakeholders to address project-related issues, resolve disputes, and ensure compliance with the design intent. c. Change Orders and Cost Control: Clearly defines the procedures for handling change orders, including their documentation, cost estimation, and approvals to avoid any cost overruns. d. Progress Payments and Final Payment: Specifies the architect's entitlement to receive progress payments based on submitted invoices, as well as the criteria for final payment release upon the successful completion of the project. e. Project Closeout: Details the architect's responsibilities in assisting with the final inspections, punch list completion, and warranty period administration, ensuring a smooth handover of the project to the non-profit church corporation. Conclusion: Both the Architectural Design Agreement and Construction Administration Agreement are vital documents in Massachusetts that govern the relationship between a non-profit church corporation and an architect. These agreements ensure transparency, define obligations, and protect the rights of both parties involved in constructing or renovating a church facility. It is crucial for non-profit church corporations to consult legal professionals and architects experienced in Massachusetts' regulations and practices while drafting or reviewing these agreements to ensure compliance and a successful project outcome.Title: Massachusetts Project Agreement Between A Non-Profit Church Corporation and Architect Introduction: In Massachusetts, the project agreement between a non-profit church corporation and an architect is a crucial legal document that outlines the terms and conditions governing the architectural services provided for the church's construction or renovation project. This agreement ensures a clear understanding of the roles, responsibilities, and deliverables expected from both parties to achieve a successful outcome. There are primarily two types of Massachusetts project agreements between non-profit church corporations and architects: Architectural Design Agreement and Construction Administration Agreement. 1. Architectural Design Agreement: The Architectural Design Agreement is the initial phase of the project, whereby the non-profit church corporation engages an architect's services to create the architectural design plans and layout for the church's construction or renovation project. This type of agreement typically includes the following key components: a. Scope of Services: It outlines the specific tasks and responsibilities of the architect, such as conceptual design, schematic design, design development, and preparation of construction documents. b. Project Schedule: A detailed timeline providing milestones and deadlines for various design phases, submission of drafts, and final deliverables. c. Compensation: Specifies the architect's fee structure, whether it is a fixed fee, percentage of the total project cost, or an hourly rate. The payment terms, invoicing schedule, and any additional reimbursable expenses should also be included. d. Copyright and Ownership: Clarifies the ownership and copyright of the design plans, ensuring that the non-profit church corporation has the necessary rights to utilize and modify the architectural drawings in the future. e. Changes and Modifications: The process for handling design changes, including the architect's role in assessing the feasibility, impact on costs, and necessary approvals from the church corporation. f. Permitting and Regulatory Compliance: Clearly defines the architect's responsibilities in preparing and filing necessary permits and ensuring compliance with local building codes and regulations. 2. Construction Administration Agreement: The Construction Administration Agreement comes into effect after the completion of the design phase and involves overseeing the construction process according to the approved design plans. This agreement typically encompasses the following key elements: a. Site Visits and Inspections: Outlines the architect's responsibility for periodic on-site inspections to verify that the construction work conforms to the approved design plans, specifications, and applicable regulations. b. Contractor Coordination: Establishes the architect's role in collaborating with the contractors, subcontractors, and project stakeholders to address project-related issues, resolve disputes, and ensure compliance with the design intent. c. Change Orders and Cost Control: Clearly defines the procedures for handling change orders, including their documentation, cost estimation, and approvals to avoid any cost overruns. d. Progress Payments and Final Payment: Specifies the architect's entitlement to receive progress payments based on submitted invoices, as well as the criteria for final payment release upon the successful completion of the project. e. Project Closeout: Details the architect's responsibilities in assisting with the final inspections, punch list completion, and warranty period administration, ensuring a smooth handover of the project to the non-profit church corporation. Conclusion: Both the Architectural Design Agreement and Construction Administration Agreement are vital documents in Massachusetts that govern the relationship between a non-profit church corporation and an architect. These agreements ensure transparency, define obligations, and protect the rights of both parties involved in constructing or renovating a church facility. It is crucial for non-profit church corporations to consult legal professionals and architects experienced in Massachusetts' regulations and practices while drafting or reviewing these agreements to ensure compliance and a successful project outcome.