Chapter 27: Owner-Designer Agreements Flashcards
what is a contract
a bargain between two or more parties, each of whome agrees to echange something one or more of the others desire to obtain.
the client desires a space to be designed, the designer desires to be paid for services.
two parts- offer and acceptance to be complete
name the list of items that should be in a contract
names and dates
scope of work (be detailed and list whats NOT included)
purchasing agreements if any- - usually in a separate contract though
method of payment
reimbursable expenses like travel, phone, copying, postage
extra services
responsibilities of the client
ownership of documents- designer retains rights usually
provisions of arbitration- if there is a dispute
termination of the contract- the right to quite with notice
signatures- only by client but good to get both
what document is the scope of work for a contract based off of
AIA document B152: standard form of agreement between owner and architecture for architectural interior design services
name the overall categories of the interior designer’s scope of work
programming schematic design design development contract documents bidding(tender) contract admin purchase orders if neccessary
what category of the scope of work is often not included in the scope of work
programming
in what phase of the design process would you first show the client a budget
the schematic phase based on the design concept and current costs of similar projects
in what design phase does the designer refine the approved design- the final phase of approval before contract documents start
design development
what deliverable are often in the design development phase
detailed plans showing walls and doors, futnirue layout, lighting design, sketches of built ins and other 3d or 2d drawings to describe the character of the design. also presents an updated budget for approval based on these refinements
who prepares the bidding documents, the designer or owner
designer ASSISTS the owner- doesn’t do all of it alone
under the AIA agreement, what is the designer’s relationship to the owner? do they assist the owner or are the a representative of the owner?
they are a representative
what does it mean when a designer is a representative of the owner? what responsibilities does that mean
consults with the owner during the contract admin phase.
communication with the contractors go through the designer who has the authority to act on behalf of the owner but only to the extent in the contract documents
what must a designer do to stay informed and guard against defects in the contractor’s work
do site visits as necessary but not too often
who pays the contractor
the owner, but the designer gives approval based on site visits
what is a designer looking for when reviewing shop drawings
conformance with the design concept NOT accuracy and completeness of dimensions, details, quantites etc
who is responsible for receiving FF&E- owner, contractor or designer
owner. NOT the designer’s responsibility
what are some examples of additional services in a contract
revisions to dwgs or specs that are inconsistant with the written approvals of the client or proposed subsitutions from contractors/vendors
investage existing conditions
detailed inventories of furniture
verify info given to the designer by the ownder
contracting for special surveys, environmental studies etc
assisting in design and selection of graphic design
organizing and participating in selection interviews with prospective contractors
receiving, inspecting FF&E on behalf o the owner
post occupancy evaluations
what are some responsibilities of the owner in a contract
give full info regarding project requirements and budget that allows for contingencies
must provide a space to receive and store materials and equipment on site
removal of existing furniture etc
when necessary, designating a representative who can act on the owner’s behalf on day to day decisions to avoid delaying the job
what is the project cost
total cost to the owner of all components of the project
what is the designer’s responsibility in a fixed price limit contract
if both parties agree to it. the designer is then obligated to modify the drawings and specs at no additional charge to reduce the project cost
if there is no fixed price limit to a contract, does the designer make changes for free to the design to bring down the project cost
not free! client must pay
what are the two broad ways that interior designers charge for design work and which is the most common
- based only on professional services- most common with a separate contract for the client to purchase the furniture through the design firm
- based on the retail method of reselling furniture and fixtures.
what are the three methods that a designer can charge based on the ASID 301, 302 & 303 (dont describe yet) and which is the most preferred by designers
- fixed fee
- hourly rate- preferred by designers
- Percentage of project cost
- Area Fee
- Retail Method
what is ASID Documents 301, 302 & 303
agreements between designer and client for design services- intended for small to medium commercial contracts. Standard scope of services. differences are based on how the designer is compensated for work
what is a fixed fee for compensation for a project and what do you need to do to make it profitable
fixed sum of money that the client will pay to the designer for a specific set of services
designers must accurately estimate all costs and allow for a profit
reimbursable are additional
profitable- carefully itemize the list of scope and list items NOT included. also list how much it will be for additional services. must also carefully monitor the progress of the job to make sure you’re still profiting
what is an hourly rate for compensation for a project
client is charged actual time that you spend on a project
you have a billing rate that includes overhead and profit, taxes, company benefits etc
good because you get compensated for actual work done to make sure you make a profit. protects the designer when a client keeps changing their mind, or if there are unforseen problems during construction etc.
client’s don’t usually like this though so you sometimes need to have an hourly rate to a maximum
what is an hourly rate for compensation for a project
professional fee is determined based on the total cost of the project
for experienced designers who can accurately anticipate the amount of work required and expected cost of a project
bad because a low cost project might require just as much or more work than a high end project
what is an area fee for compensation for a project
based on square footage of a project.
usually used for commercial construction or by a VERY experienced designer
what is a Retail Method for compensation for a project
the designer produces their compensation by acting as a reseller of goods- buy at a trade discount then sell at retail price. This difference covers the costs of overhead and profit etc.
used by residential designers but it’s discouraged.
what is a POE
post occupancy evaluation
review of a completed project after the client has occupied it for some time- usually 3-6 months
not a standard part of the designers services and done on the designer’s own time
what is a pros and cons of the owner hiring their own consultants
pro-make the work load easier for the designer
con- loss of influence over the consultants because the owner is the boss
what is a fee projection chart
figure out whether there is enough money allocated for a project. It can also be used to determine the prelim project schedule
what is the point of strategic planning or internal planning
to accurately determine if the scope of work
also to define the designer’s fee
what kinds of things would you do when you’re strategic planning
research the project time research the client research the building type identify stakeholders determine scope of work
what do you do for the project close out procedure
give the client manuals/warrenties
give clients photos if you have them
schedule meetings for follow up to discuss if the space works, how the finishes are holding up, lighting ok etc