VA Class A Contractor
License No. 2705 048742A
Expiration Date: 03/31/09


 

DESIGN CONTRACT


 
This design contract is between (hereinafter “Owner”) and Fisher Group, LLC, 4119 Chatelain Road, Annandale, VA 22003-3128, for a proposed project at the residence of the Owner located at , , .

The proposed project is described as follows:

Fisher Group, LLC agrees to provide the following pre-construction design services for the proposed project:

• Develop schematic sketches and preliminary drawings and specifications of the proposed project, up to three concepts.

• Provide a preliminary budget with allowances for the proposed project as described in the preliminary drawings and specifications.

• Provide a preliminary construction schedule for the proposed project.

• Upon approval of a preliminary presentation, design development will take place, during which space plans, architectural solutions, general design details, lighting design, and materials and finishes will be researched and determined for the project and result in specifications, schedules and plans for the proposed project.

In order to facilitate the work under this contract, the Owner, as soon after the signing of this contract as is reasonably possible, will provide Fisher Group, LLC with a copy of the plat of the property, a written description of the improvements to be made to the property, and sketches, tear sheets, or other visual representations of the type and style of the improvements desired.

The objective of this contract is to create a well-developed design plan. The Owner understands and acknowledges that these efforts do not include the development of construction documents or obtaining a building permit and that additional design of the proposed project may need to be performed under a separate construction agreement with a different fee structure and payment schedule.

The budget for the construction of the proposed project is $__________.

For the above-listed services, the Owner agrees to pay design fees to Fisher Group, LLC. The design fees, which are not included in the budget for the proposed project, are calculated as a percentage of that budget, and are to be paid according to the following schedule:

First Payment: 5% of the budget, paid at signing of this design contract.

Second Payment: 5% of the budget, paid upon commencement of design development.

Third Payment: 2% of the budget, paid upon completion of design development (the specifications, schedules and plans for the proposed project).

These design fees are not refundable.

Changes in the proposed project, the design concept (including exploring alternative designs), or the materials may increase the budget, and accordingly the design fee. In such event, a written change order will be executed by the parties to adjust the payment schedule to add the additional design fee.

All design fees are due and payable upon receipt of the invoice. Amounts unpaid after fifteen (15) days shall bear interest from the date payment was due at the rate of one and one-half percent (1½%) per month.

Interior furnishings consultation (including furniture, window treatments, rugs, faux finishes, and accessories) and landscape design consultation are not included in the above schedule of payments. Two hours of consultation time during the design lifecycle are assumed in order to coordinate with the anticipated final product. After the two hour mark, additional consultation is subject to additional fees at $150.00 per hour, plus a markup on materials and/or goods ordered. The fee for landscape design consultation is $135.00 per hour, plus a markup of 10% of the price of the landscape contract.

In performing this contract, Fisher Group, LLC will make certain assumptions regarding existing structures and conditions. Inasmuch as some assumptions will not be verified because of the cost involved or to avoid disruption or destruction of the property, Fisher Group, LLC does not warrant that its design will correspond to actual field conditions. Existing conditions which vary from design assumptions may require design alterations which may increase the budget, and accordingly the design fee.

Either the Owner or Fisher Group, LLC, upon no less than seven days’ written notice, may terminate, suspend or abandon this contract, with or without cause. In that event, the Owner shall pay for all work performed to date. This contract may be suspended or terminated at the option of Fisher Group, LLC upon the Owner’s failure to pay Fisher Group, LLC in accordance with this contract.

All drawings, plans and other documents presented to the Owner by Fisher Group, LLC shall belong to Fisher Group, LLC. Fisher Group, LLC reserves all common law, statutory and other rights, including copyrights, to its designs and plans. The Owner agrees not to use or reproduce in any form or disclose to any third parties the designs and plans provided under this contract

without prior written permission from Fisher Group, LLC. Plans are for presentation purposes only and are not for construction by any other company or the Owner. If the proposed project is built by Fisher Group, LLC, a copy of the drawings and plans will be provided to the Owner for his records.

All disputes which arise out of or relate to this contract, or the breach thereof, shall be decided by arbitration conducted in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment on the award rendered in arbitration shall be final and binding and may be entered in any court having jurisdiction thereof. Fisher Group, LLC shall be entitled to recovery of actual attorney’s fees and expenses and arbitration fees and expenses incurred in connection with any demand in arbitration or counterclaim by Fisher Group, LLC so long as the demand or counterclaim results in an award of money to Fisher Group, LLC notwithstanding any award to the Owner.

This contract constitutes the entire agreement of the parties and neither they nor their agents shall be bound by any terms, conditions, or representations discussed in previous negotiations but not written herein. Amendments to this contract shall not be binding unless in writing and signed by the Owner and Fisher Group, LLC.

If there is more than one Owner, it is agreed that the actions and/or decisions of either of the owners binds the other and that where the signature of the Owner is required, the signature of either of the owners is sufficient to bind both of them.

The Owner hereby acknowledges that he has been provided with and read the Department of Professional and Occupational Regulation Statement of Consumer Protections available through the Virginia Board of Contractors. A copy of this Statement is attached to this contract.
 
Signature: __________________________________ Date:__________
                Fisher Group, LLC

Signature: ________________X _________________ Date:__________
 
NOTICE OF CANCELLATION
 
You may cancel this contract at any time prior to midnight of the third business day after the date of this contract. See the attached notice of cancellation form for an explanation of this right.
 
NOTICE OF CANCELLATION
 
_______________________
              (Date)
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Fisher Group, L.L.C., 4119 Chatelain Road, Annandale, VA 22003 not later than midnight of ________________.
                                 (Date)

I hereby cancel this transaction.

__________________________
                 (Date)


_________________________
        (Buyer's signature)



 

Fisher Group, LLC
4119  Chatelain Road, Annandale, Virginia 22003
P:
703.750.1151
F:
703.256.2516