Term
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Definition
| a bargain between two or more parties who agree to exchange something each desires to obtain. In a legal sense, there are two parts to this: an offer by one party and an acceptance by the other. Every contract, whether written or oral, must have both of these to be valid. |
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Term
| Parties to the contract and date: |
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Definition
| the full legal name of both parties must be clearly stated along with their addresses and the date of the contract. |
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Term
| Scope of work and designers responsibilities |
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Definition
| one of the most important parts of any agreement is the part that describes the exact amount of work the designer promises to do. This should include the actual area of the work as well as a detailed description of services. The scope of work may be divided into common phases such as schematic design, design developement, and contruction and each phase subdivided in more detail. |
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Term
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Definition
| if you are buying furniture and fixtures and reselling the to the client, you should specifically state your responsibilities as well as the client's for payment, acceptance, rejection of damages goods, payment of delivery and installation costs, deposits, and methods of purchasing. |
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Term
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Definition
| any contract should state how much the client will be charged for services and how services will be paid for. There are several ways of charging for professional services including a fixed fee, multiple of direct personnel expense, percentage of project cost, and cost per unit area, aong with several variations of these basic methods. |
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Term
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Definition
| are costs that are not part of professional services but are necessary to complete the project. These include things such as travel, long distance telephone calls, reproduction costs, and postage. |
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Term
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Definition
| It is common for a client to request extra work from the designer once a project begins. This may include things like studying more design options, expanding the ares of the job, specifying additional furniture, or requiring a longer time commitment due to delays. |
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Term
| Responsibilities of the client |
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Definition
| Most projects require that the client perform certain actions or provide neccessary information for the job to be completed. These may include things like buying and arranging for moving of client supplied equipment, arranging for space to recieve furniture delivered to the job site, or providing as-built drawings to the designer. |
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Term
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Definition
| this provision states that the designer retains that rights of ownership to the documents and that theyare only to be used to complete the specific project for which they were developed. The client may not reuse them to build other jobs without permission of and adequate compensation to the designer. |
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Term
| Provisions for arbitration |
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Definition
| because disputes often arise, a contract should include procedures for arbitration. This is often more desirable than taking disagreements to court because it is generally faster and less costly, but both parties must agree to it in the contract. |
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Term
| Termination of the contract |
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Definition
| a termination clause gives both the designer and the client the right to quit the contract upon giving adequate written notice, usually at least seven days. If the contract is terminated by the client through no fault of the designer, must be compensated for work performed up to the time of termination. |
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Term
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Definition
| to be legally valid, the contract need be signed only by the client, the person accepting the offer of the contract. However, it is better if both designer and client sign the agreement and date it. |
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Term
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Definition
| during this phase the designer consults with the owner to develop the applicable requirements of the project and studies the feasibility of meeting the requirements within the contraints of the owner's budget and the building in which the project is to be located. This information and analysis are documented in a written program. |
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Term
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Definition
| based on the approved written program, the designer prepares diagrams showing the general furntional relationships required by the project and develops preliminary space allocation plans showing partitions, furnishings, and other pertinent planning ideas. The designer also prepares studies to establish the design concept of the project including types and qualities of materials, finishes, and furniture. May include color boards. |
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Term
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Definition
| during the dd phase, the professional refines the approved schematic design work so that the size, scope, and character of the project are generally fixed. The drawings, color boards, samples, furntiture selections, and other specifics of the job are presented to the client for approval or modifications before work on the contract documents phase is commenced. Usually include detailed plans showing partition and door locations, furniture and fixture layout, lighting design, sketches of special built-in cabinetry and furniture, and other elev. or 3 dimensional drawings sufficient to describe the character of the design. |
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Term
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Definition
| the designer is responsible for preparing the detialed drawings, specifications, and other documents required to have the project constructed. The contract documents may include the work for both construction and furniture purchasing, or they may be developed separately so individual contract can be let for construction and FF&E. |
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Term
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Definition
| the designer must assist the owner in preparing the bidding documents, necessary procurement forms, conditions of the ocntracts, and forms of agreement between the owner and the contractor. The designer must assist the owner in filing documents required for various governmental approvals. |
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Term
| Contract Administration Phase |
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Definition
| the designer is a representative of the owner and advises and consults with the owner during the CA phase. Instructions to the contractors are forwarded through the designer, who has the authority to act on behalf of th owner, but only to the extent provided in the contract documents. The designer is not responsible for the means, methods, techniques, sequences, or procedures of contruction. Nor is the designer responsible for fabrication, procurement, shipment, delivery, or installation of construction or furnishings. |
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Term
| Designer responsibilities in CA phase |
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Definition
| reviews and takes appropriate action upon contractor submittals such as shop drawings, and samples, prepares change orders when necessary, and may order minor changes in the work not involving an adjustment in the contract sum or an extension of the contract line. |
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Term
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Definition
| is defined as the total cost or estimated cost to the owner of all components of the project-including items designed or specified by the interior designer, labor, and materials, furniture, and equipement furnished by the owner if it was designated or selected by the designer-plus a reasonable allowance for the contractors overhead and profit. Includes the costs of managing or supervising construction and installation. |
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Term
| The lowest bid or negotiated proposal exceeds the project budget or fixed limit of project cost, the owner has 4 options... |
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Definition
1. the owner cna give written approval of an increase in the budget.
2. the owner can authorize rebidding or renegotiating of the project.
3. the owner can abandon the project.
4. if there is a fixed limit of project cost, the owner can have the designer modify the drawings and specifications without charge to reduce the project cost. |
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Term
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Definition
| this method states a fixed sum of money that the client will pay to the interior designer for a specific set of services. The money is usually paid out monthly according to the proprotion of the basic phases of services. The designer must accurately estimate all costs and allow for a profit. Must include the salary costs of the people doing the job, customary benefits of employees, taxes, and office overhead. Reimbursable expenses are in addition to fees for the basic services. |
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Term
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Definition
| the client is charged for the actual amount of time that the professional spends on the project. The number of hours is multiplied by an hourly rate to arrive at the compensation charged to the client. The hourly rate must include not only the salary of the professional but also allowances for overhead and profit. |
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Term
| Percentage of project cost |
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Definition
| withe professional fee is determined based on the total cost of the project. It is most appropriate for projects where the interior designer can accurately anticipate the amount of work required and has a good idea of the expected cost of the project. |
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Term
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Definition
| Professional fees bases on the area method are determined by multiplying the square footage of a project by some fixe rate. This method is generally used only in commerical construction and then only for project types with which the interior designer has much experience. Thenant finish planning is often priced on sf basis because a designer will know what it takes to do the job and because tenants, building owners, and leasing agents do most of their negotiations on a square foot basis. |
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