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VA Class A Contractor
License No. 2705 048742A
Expiration Date: 03/31/09
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DESIGN CONTRACT |
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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. |
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Signature:
__________________________________ Date:__________
Fisher Group, LLC
Signature: ________________X _________________ Date:__________ |
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| NOTICE OF
CANCELLATION |
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| 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. |
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| NOTICE OF
CANCELLATION |
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_______________________
(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) |
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