Archinect
anchor

agreement for unlicensed designer

bagheera

Hi all :

I am hoping to get some help/advice...

A little background on me first, I have a B. Arch and have passed all of my NCARB ARE registration exams, but am not yet licensed because I have not taken the California Supplemental Exam.

A not-so-close-friend wants to hire me as a designer for a remodel of a their existing wood framed construction single family home.

Given that you do not need a license to perform this scope of work, can anyone recommend how to set up a contract/agreement to define the work and provide protection for both parties? I am not sure of the risks involved given I am not acting as an architect, and instead, just a designer.

Thanks in advance!

 
Mar 31, 17 11:32 am
x-jla

Makes no difference.  If you do the work you will be held to the standard of others who do similar work regardless of licemse.  Talketo a lawyer

Mar 31, 17 12:03 pm  · 
 · 
Non Sequitur

You can't contract out liability that easily. Get a lawyer involved and purchase professional liability insurance.

Mar 31, 17 12:17 pm  · 
 · 
proto

i didn't sleep at a holiday inn express last night, but it can be done without a lawyer, but you should understand what constitutes basic services & liability (which you should since you're thru the ARE).

Your proposal can be your agreement. Keep it positive, simple, self-written, and parallel to the AIA short form small projects architect/owner agreement. Don't try to scare the client with overly elaborate legalese. Be clear and be yourself; this letter is your first sales job. You'll probably end up with about 2 pages max + whatever it takes to identify scope. Have the client sign the proposal and send it back to you.

Identify

  • the project address, scope & what you will deliver (services & deliverables & exclusions)
  • identify your timelines (or critical path of decisions)
  • method & rate of payment (including retainer, deliverables, and add'l services, if they're ever needed)
  • termination process
  • limit extent of financial liability to cost of services (not necessarily cuz it will hold up in court so much as to just get it out there that you aren't a fountain of cash to sue...and, with signature at least, you have some buy-in on that point). [You can also buy project-by-project E/O & include it in the proposal, but the cost is likely to squash the project]
Mar 31, 17 4:38 pm  · 
 · 
wurdan freo

That was a fun thread. I miss Miles' perspective around here.

Mar 31, 17 5:43 pm  · 
 · 

Block this user


Are you sure you want to block this user and hide all related comments throughout the site?

Archinect


This is your first comment on Archinect. Your comment will be visible once approved.

  • ×Search in: