This is a sample, un-filled-in contract, to show you the basics to be considered. When we actually start a project together, it will be custom tailored just for you.
This CONTRACT for home design and planning services is between :
( me ) Andy Bozeman and
( you )
For the following project – location and description :
ARTICLE 1 : Fee and Payments
The total fee is : $
This is a fixed price based upon information and desires which you have made known to me. As long as the nature of the design project remains consistent, the fee will not change. You can make changes to fine-tune the plan; you can adjust the location of walls and openings; you can alter the square footage up or down; you can change interior and exterior features, materials, and styling. However, if you should change your mind during the process and alter the concept in such a significant way as to render useless work that I’ve already completed, then any money owed according to this contract, prior to the moment you advise me that you’ve changed your mind, must be paid. Then, this contract will be considered concluded, and a new contract will be prepared based on the new project.
Payment will be made in three phases.
•Plan Phase 1 – Preliminary Development : paid in advance of service.
An amount of not less than 50% of the total fee will be paid to initiate the project. After receiving your first payment, I will begin working on your design project almost immediately, which means I will dedicate money, time and resources on your behalf. For this reason this initial payment is non-refundable, but for the following exception. You may cancel the project within 48 hours of making the initial payment, at which time I will refund the full amount less any expenses I have incurred, such as design time & travel-time billed at $60.00 per hour on a dollar-per-minute basis; associated travel expenses such as meals, and overnight accommodations; any money spent on your behalf such as postage, materials, printing. Travel-Time includes the drive-time to and from the site, as well as time on the site.
For payment of this initial amount I will provide :
•Drawings of preliminary floor plan(s) showing :
•Wall and Opening locations.
•General notes about construction materials and finishes. Detailed specifications are part of Plan Phase 2.
•Plumbing fixture locations.
•General notes about any special requests you may have concerning electrical fixture locations. The final electrical plan is part of Plan Phase 2. ◦3D interior and exterior concept images. These are sufficient to reveal the shape of the space, but are not specific as to lighting, colors, fabrics, textures, or sunshine directions.
◦Revisions to preliminary plans.
◦Meetings of best convenience including face-to-face, on-line, telephone, and email. ◾COMMUNICATIONS NOTE : I prefer not to “text.” I charge $60.00 for each text message I receive from you. In addition, I charge $120.00 for every text message to which I reply. So, save money and don’t send me any text messages.
•Sufficient travel to the building site to gather information as needed.
You will need to make provisions for someone to meet me if the building site is an existing structure, such as a remodeling project; or gated property.
•Depending on best convenience for all of us, I will provide PDF files and/or Physical prints on paper as necessary to convey preliminary concepts to you. If the entire plan process turns out to be all electronic, lack of the provision of physical prints on my part will NOT result in a fee reduction.
•Plan Phase 2 – Final Plan Development : paid in advance of service
The remaining balance of the total fee must be paid in advance of the service.
For payment of this final-plan amount I will provide the PDF files of the final construction drawings and the Plan-Use-License. Your signature on this contract indicates your agreement to abide by the Plan-Use-License described below in Article 5.
If I allow it, you may elect to receive your plans in PDF form instead of actual prints on paper, but not both. If you select the PDF version you must handle your own printing costs. The PDF option requires a copyright release from me (for no charge), which will include a separate agreement that any copies you make will only be used for this particular project and that you will not share or sell copies to any other person for any other reason.
Lack of the provision of physical prints on my part will NOT result in a fee reduction.
Both prints on paper and the PDF version require a Copyright Release and a Plan-Use-License from me.
•PLAN DELIVERY as PDF files: The Final plan is provided as a set of PDF files, which will be emailed or uploaded to you. You will use the PDF files to print the copies needed for construction, according to the applicable Plan-Use License. ◦Included will be :
◦PDF files for the drawings and Specifications for the plans.
◦A PDF of the applicable Plan-use License Agreement.
◦A PDF of the Copyright Permission document, which is needed to allow you to make physical copies-on-paper for this specific building site.
◦What’s in the plans? ◾The Final Plans will include the following ( if applicable ).
1.Site Plan. Based on the survey you will provide.
2.Specifications ( aka Description of Materials ) Based on standard construction codes and practices.
3.Room Finish Schedule. Based on information you will provide
4.Floor Plan(s) including dimensioned wall locations; openings, electrical fixtures & appliances, plumbing fixtures, construction notes.
5.No Cabinet Elevations for Kitchen, baths, and other cabinetry are : In these modern times, cabinet suppliers use computers to prepare their own drawings. Those suppliers include charges for cabinet drawings in the price of the delivered cabinetry. It doesn’t make sense for you to pay me and the cabinet suppliers twice for the same thing. Therefore, I do not include cabinet drawings in my plans. If you must have cabinet drawings, extra charges will be added.
6.Exterior Elevations. At least five views, including Front, Rear, Left Side, Right Side, and Roof diagram. For inside courtyards and areas not seen from one of the typical five views, other views will be added as needed.
7.Foundation Plan based on soil information that you must provide.
8.Floor System Diagram for multi-story or crawlspace designs. This is be used to coordinate space and installation requirements for floor framer, plumbing, and HVAC systems.
9.Framing Details and Cross Sections as needed.
10.HVAC Duct Route Diagram(s) : HVAC System installers normally prefer to plan duct work installations themselves. Therefore, I do not include dedicated HVAC drawings in my plans. If you must have HVAC drawings, extra charges will be added.
11.Building Code Compliance Certification and Energy Code Compliance Calculations for FHA, USDA, and VA financed projects, if required by your local regulatory authority or mortgage source.
Helpful Tip :
You should keep records of your payments because many lenders treat the cost of design as part of the construction cost, and all or part can be counted toward your down payment, or be reimbursed to you from the construction loan.
Plan Phase 3 : Additional Charges if any – paid before delivery.
After the final plans have been delivered, if design modifications are desired, then any additional meetings, travel, and minor revisions will be billed at the rate or $60.00 per hour counted on a dollar-per-minute basis to include additional time spent in personal meetings, phone conversations, e-mails, additional travel time to the building site, travel time to other sites on your behalf, and time used on such sites. Travel time includes the drive-time to and from the site, as well as time on the site.
•Payment in full of any balance for extra services is due upon completion, before the PDFs of final drawings are supplied.
•Please note that my construction drawings are prepared under the assumption that the home will be built by a licensed and experienced contractor and not by the homeowner or other unlicensed persons with little or no construction experience. If you are planning to be your own contractor, when you get yourself in trouble from lack of ability or experience, I will help you. But be warned that there will be significant charges by me to you for any questions or consultations required, whether in person or by phone or e-mail, for matters which are not design related, but construction related and would normally be handled by a licensed contractor. Such items which are beyond the scope of the design itself will be billed at the rate or $360.00 per hour counted on a six-dollar-per-minute basis to include additional time spent with you or with others on your behalf in personal meetings, phone conversations, e-mails, additional travel time to the building site, travel time to other sites on your behalf, and time used on such sites.
Hire a competent contractor and avoid this extra expense.
Helpful Tip to save money on printing :
If anyone asks for an extra set of plans, ask them what page they want. Most sub-contractors only need one or two specific pages.
•OUTSIDE SERVICES : If I must involve outside services ( with your prior approval ) such as architectural, engineering, surveying, etc., their fees shall be due and payable by you directly to them, upon their billing and are not included in my fee. You are responsible for payment of such charges.
ARTICLE 2 : Timely Design Review and Decisions
You have a MAXIMUM of 14 days after receiving drawings for each review to contact me with changes, questions, comments or approval to proceed. After this time you will lose your place in line in my schedule. Other clients will be placed ahead of you. I will bill you for any unpaid time and services. I will hold unfinished plans and related notes for 120 days from the date printed on the most recent preliminary. If you should return within that time frame you may resume the project with the only penalty being that you must go to the end of the line. After 120 days you could be subject to fee changes and a new contract.
ARTICLE 3 : Termination
You, as well as I, have the right to terminate this contract at any time with written notification from one of us to the other. If you terminate this contract formally or by inaction, you are still responsible for any unpaid balances.
ARTICLE 4: Extra Plan PDF Copies
At my discretion, if you need extra copies of PDF files for this particular project, for instance if you forget where you stored them, you don’t have to purchase the entire plan again. You will only have to pay $25.00 per file for replacement PDFs. Typical sets of plans will contain 4-16 individual PDF files.
ARTICLE 5 : Plan-Use-License
Your signature on this contract indicates your agreement to abide by the Plan-Use-License described below. This contract is NOT the Plan-Use-License, which is a separate document executed at the time the final plans are delivered. There is no extra charge for the Plan-Use-License that accompanies this contract and resulting plan.
•First Use License
The “First Use License” will grant you the right to build this plan design once, the first time. This First Use License IS the Plan-Use-License that is included with this contract and resulting plan.
•Next Use License
A “Next Use License” is required each time you build the plan design again after the first build.
•Professional Modification Use License
A “Professional Modification Use License” is required each time you redesign an Andy Bozeman plan.
ARTICLE 6: Copy Restrictions & Copyright Information
Your signature on this contract indicates your agreement to abide by the Copy Restrictions and Copyright Conditions described next. All Andy Bozeman house plans are protected under the Copyright Laws of the United States, as well International Copyright Conventions. Plans may not be modified, shared, resold, copied, or reproduced by any means, until you have satisfied all three of the following conditions :
1.You must already have a legitimate Andy Bozeman First Use License.
2.You must purchase a legitimate Next Use or Modified Use License as applicable to your current need.
3.You must obtain a legitimate Andy Bozeman Copyright Permission Document for this particular plan. Individuals and Printing companies are prohibited by Federal Law from duplicating any copyrighted work without this Copyright Permission.
When you purchase a set of working drawings from Andy Bozeman, you are purchasing a license that grants you the right to use the plans one time to build one structure. Andy Bozeman retains all copyrights, title, and ownership to the original design and documents. Anyone building the same plan more than once MUST purchase a Next-Use-License for each house built, and will receive the “Next-Use” discount beginning with the second use of the plans. Anyone wishing to modify the same plan MUST purchase a Professional Modification-Use License. Failure to acquire a legitimate copyright release, and an applicable First-Use-License or Next-Use-License or Professional Modification-Use-License WILL result in criminal and civil prosecution.
ARTICLE 7 : Construction Affordability Using House Plans :
This is your experiment, not mine. You are hiring me to create drawings, which will convey your desires to any involved parties, including home builders, remodelers, interior decorators, contractors, sub-contractors, architectural review boards, building departments & officials, appraisers, and bankers. I will do all I can to guide you through the design process, and create technically useable plans, but you are responsible for ALL final decisions included as content in the plans. Because final costs for construction can only be derived from final plans, it is not possible for me to predict any final costs during the planning process. Experience has taught me that you will ask me how much this project will cost to build. But, because final costs can only come from final plans, any answer I give you, during the planning process, will be nothing but a guess. But, even after final plans are completed, there is no way for me to predict what any given entity will charge. Therefore, I am not responsible if you are financially unable, or unwilling to build from the plans we prepare. By signing this contract, you agree with this.
ARTICLE 8 : Wearable Technology, such as Google Glass:
You agree to NOT wear any type of technology or device, such as Google Glass and devices with similar capabilities, with the capacity to take pictures, and/or record video, and/or or record audio, in my office, and around any drawings or created works, without my prior written authorization. You agree to NOT wear any such devices at locations outside my office, even your own property, when I am showing you concept drawings and sample plans and works.
Why? Any items I might show you, such as sample writings, videos, recordings, drawings and plans, are sensitive material in the form of projects for others, whose privacy must be protected; and unpublished projects in development, which must be protected from public exposure before publication. Google Glass, and any type of recording device has the potential to be used, whether inadvertent or intentional, to infringe on the privacy of others as well as the protection of my created works.
BOTH PARTIES AGREE TO THE TERMS CONTAINED IN THE AGREEMENT.
Date Andy Bozeman, Professional Design Member, AIBD, Owner, Dream Home Designs
Client (signature) date
Client (signature) date
PO BOX 3134
Montgomery, Alabama 36109