Contract Review for Design Professionals
The way our process works is that the client emails us the contract documents to be reviewed. We convert those documents from PDF to WORD so that we can redline them with proposed changes to better manage the risk allocation. We endeavor to complete our review within 48 hours of receiving the request. And because we focus our changes and comments on only key areas of the contract, we are generally able to complete the review with approximately one (1) hour of billable time. Some projects, such as large design-build projects and guaranteed maximum price (GMP) projects, of course, naturally take longer. If our client gets push-back on our proposed changes, we are available to provide a second and third round of compromise ideas and suggestions to finalize the contract.
Template of Clauses
Our Template of Clauses from which we conduct our contract review includes, but is not limited to, the following:
1. Flow Down – incorporation by reference,
2. Standard of Care,
3. Limiting any Warranties,
4. Limitation of Liability,
5. Mutual Waiver of Consequential Damages,
6. Indemnification,
7. Time of the Essence,
8. Ownership and Copyright of Documents,
9. Cost Estimates being exceeded,
10. Compliance with Laws,
11. Site Visits (observation, review and inspection),
12. Certifications,
13. Withholding fees,
14. Payment Provisions,
15. Prevailing Party fees,
16. Confidentiality,
17. Retainage,
18. Waiver of liens,
19. Reliance Letters,
20. Audit Rights
21. Consent to Assignment to Lender,
22 Permits,
23. Publicity,
24. Coordination of Services, and
25. Reliance on Owner Provided Data and documents.