Architects & Engineers – Contracts 101 (Part 1)

This is the first in a series of comments on contracts for architects and engineers. For decades, I have drafted and reviewed design and construction contracts for architects and engineers, as well as for owners of Fortune 500 companies. Not surprisingly, all contracts follow a pattern – I’ll share that with you in this series. Today, we'll review your Scope of Services.

Scope of Services (client expectations). The client is hiring you to do what exactly? If you cannot answer this question clearly, expect trouble when relations become strained. An unclear scope can mean an unpleasant conversation about you providing services that you’re (a) not qualified to do or (b) you never intended (or don’t want) to do - or worse, the client sues you because it was assumed that you would provide certain services that never happened.

An example of bad language:

Architect/Engineer agrees to perform the usual and customary architectural/engineering services necessary to complete the Project.

What?!?? Can anyone tell me what usual and customary architectural or engineering services are? Doubtful. The result: both sides assume that some unnamed service will or will not be provided = liability.

Better language:

Architect/Engineer agrees to provide the architectural/engineering services set forth in this Article 3.

What this means: take the time to draft a clear and definitive scope of services, This applies to construction administration services as well: what is the purpose of your CA services; how many times will you visit the site during construction?

Next time: name that client.