Terms and Conditions | stroudarchitects

CONSULTATION SERVICES TERMS & CONDITIONS

TERMS AND CONDITIONS

1. ARCHITECT’S RESPONSIBILITIES

The Architect shall provide architectural and consulting services for the Project as described in this Agreement. The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect shall assist the Client in determining consulting services required for the Project.

2. CLIENT’S RESPONSIBILITIES

The Client shall provide full information about the objectives, schedule, constraints, and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Client shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Client’s information. The Client shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Client shall employ a Licensed Contractor, experienced in the type of Project to be constructed, to perform the construction Work and provide price information.

3. USE OF DOCUMENTS

All documents prepared by the Architect are the Architect’s Instruments of Service and are for the Client’s use solely with respect to constructing the Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of the construction of the Project, provided the Client substantially performs its obligations under this Agreement, the Architect grants to the Client a license to use the Architect’s Instruments of Service as a reference for maintaining, altering, and adding to the Project. The Client agrees to indemnify the Architect from all costs and expenses related to claims arising from the Client’s use of the Instruments of Service without retaining the Architect. When transmitting copyright-protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information or has permission from the copyright owner to transmit the information for its use on the Project.

4. TERMINATION, SUSPENSION OR ABANDONMENT

In the event of termination, suspension, or abandonment of the Project by the Client, the Architect shall be compensated for Services performed. The Client’s failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Client may terminate this Agreement after giving no less than seven days’ written notice, if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion.

5. MISCELLANEOUS PROVISIONS

This Agreement shall be governed by the law of the place where the Project is located. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Client or the Architect. The 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.

6. DISPUTE RESOLUTION

Mediation. It is mutually agreed that the terms of this Agreement shall be binding upon both parties and their successors, executors, administrators, and assigns. Any dispute or claim arising in connection with this Agreement shall be submitted to Mediation for resolution in accordance with local laws. The Mediation and any possible subsequent hearings shall take place in Gloucester County, Virginia.

7. DISCLAIMER AND RISK ALLOCATION

The services outlined in this proposal will be prepared with the most immediate and expedient information available, much of which must be verified. Portions of the services are general conclusions, not specific to the property in question. The information therein will be based upon current regulations at the time of issuance and is subject to change. The Architect offers no guarantee of accuracy, completeness, or feasibility – it should be used as a starting point only. The Architect assumes no responsibility for the accuracy of information obtained and compiled in the work. In recognition of the relative risks and benefits of this service to both the Client and the Architect, the risks have been allocated so that the client agrees that to the fullest extent permitted by law, the Architect’s total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the total amount paid by the Client for consultation services. Such causes include, but are not limited to the Architect’s negligence, errors, omissions, strict liability, and breach of contract or warranty. The Architect offers no other, or further, guarantees to anyone other than the Client with whom it was contracted for these services.

8. REFUND POLICY

Once your Consultation has been scheduled, there are no refunds available.