
Template of Reasonable Contract Clauses for Design Professionals

Key risk allocation clauses in design professional contracts that routinely require editing to make the risk more manageable or insurable include those presented in this template. The language set forth below is suggested as reasonable compromise language to onerous terms and conditions. This is not legal advice, and before adopting contract language for any specific situation, consultations with legal counsel is recommended. Enforceability of contract language varies from state to state.
Sample Template Clauses include:
1. Certifications
2. Compliance with Law
3. Copyright of Documents
4. Cost Estimates Exceeded – Redesign Services Required
5. Incorporation by Reference and Flow Down
6. Indemnification
7. Limitation of Liability
8. Payment Provisions
9. Prevailing Party Attorneys fees
10. Site Visits/Inspection
11. Standard of Care
12. Suspension of Services
13. Time of Performance
14. Waiver of Consequential Damages
15. Withholding Fees
16. Warranties