2. Design-Build Contracts
1. Schematic Design Agreement
2. Design Development Agreement
3. Construction Drawing Agreement
4. Construction Agreement
5. Mold Disclaimer and Waiver
6. Builder Limited Warranty
Builder-Resources.com
DISCLAIMER: This discussion is presented as a matter of business management. Any action on your part should be discussed with your
legal counsel. Builder-Resources.com is not a legal advisor, and is not practicing law by discussing these business documents.
3. Design-Build Contracts
The Construction Agreement (item 4) is the
most important to you.
It is critical to impress on the client that you are
interested in assisting them in arriving at the
best project design possible, and will be
happy to build their project from plans
developed by any other design
professional.
Don’t make them feel “locked-in”.
Builder-Resources.com
4. Schematic Design Agreement
• General outlines for rooms,
window and door locations
• Preliminary kitchen and bath layouts
• Notes concerning the client's design
suggestions
• Elevations showing what the exterior lines of
the house will look like
• Preliminary budget for the house prepared
using standard specifications
Builder-Resources.com
Deliverables:
Click for Sample
5. Design Development Agreement
• Decorative details
• Storage details
• Bath and Kitchen details
• Specification folder initiated
• More detailed budget prepared
• Alternatives suggested to maintain
budget constraints
Builder-Resources.com
Deliverables:
Click for Sample
6. Construction Drawings Agreement
• Engineering details
• Structural details
• Trade drawings
• Your Company Scope of Work
• Energy Compliance calculations
• Final Budget
Builder-Resources.com
Deliverables:
Click for Sample
7. Construction Agreement
• Role Risk
• Work Risk
• Financial Risk
• Payment Risk
• Performance Risk
• Materials Risk
• Unknown Risks
Builder-Resources.com
Risk Management:
Click for Sample
8. Exhibits
• Floor Plans and Elevations
• Initial Specifications
• Mold Disclaimer and Waiver
• Builder Limited Warranty
Builder-Resources.com
Click for Sample
9. Floor Plans and Elevations
• Final drawings
• May be from your office or from another
design professional
• Either way, signed and dated by Client
Builder-Resources.com
Includes:
Click for Sample
10. Initial Specifications
• Listing of materials and
products used to create
proposal on which the Construction
Agreement is based
• Any future changes will be made in a
Confirmation of Instructions (Change
Order)
Builder-Resources.com
Include:
Click for Sample
11. Mold Disclaimer and Waiver
• Client education
• Homeowner mold prevention information
• Mold prevention resources
• Mold disclaimer and waiver
Builder-Resources.com
Include:
Click for Sample
12. Builder Limited Warranty
• Begin and end date
• Warranty exclusions
• “Pass-through” warranties
• Maintenance requirements
• Non-warrantable conditions
• Warranty remedies available to Client
Builder-Resources.com
Include:
Click for Sample
13. Interactive Contract Package
Take a look --
Builder-Resources.com
Only $50.00 for entire package, or
$30.00 for the Construction Agreement
Sure, you can re-type all the contract
samples I have provided, but is that a smart
use of your time?
14. Final Disclaimer
Builder-Resources.com
I don't know if I can say it enough times, so I'll say it once more. This
discussion is about the BUSINESS aspects of these agreements which I
use in my business. If you decide to use any of the above information
or documents in your business, be sure to discuss any such use with
your legal counsel.