Any Advice On Starting A Design/drafting Business (Using Chief)?

[mrscott]

....and duct tape may not fix stupid but it can sure muffle the sound.

[DRAWZILLA]

Don't forget the most important clause for designers," you are not a licensed Architect" so there is no confusion later.

[TheKitchenAbode]

Graham,

Thanks for the information. I am reviewing an earlier contract prepared by my attorney when I was engaged in a commercial project last year; which incidentally, the client refused to sign and thus I terminated the work performed up to that point. Since my focus is now only residential, Inwant to simplfy the document.

 

Fortunately to-date my clients have never refused to sign my contract which also requires them to specifically sign the Terms & Conditions in conjunction to the overall contract. There has been only one case where a client requested a minor alteration which was more for clarification purposes than anything of material consequence and as such I was willing to provide for this.

 

You have to be firm on what you are willing to accept responsibility for and this needs to be clearly outlined in your contract. Yes, it can seem a bit over-the-top or intimidating when using legal terminology, but it really is necessary to ensure clarity and in the event of a dispute it is clear to others as to what exactly the contractual obligations were between the parties.

 

There have been some instances where a dispute has arisen between myself and a client, fortunately I have only had to make a friendly reference to a particular clause for these to be resolved without undermining the relationship.

 

I did notice in someone's response that they had a clause that included e-mail conversations forming part of the contract. Personally, I specifically exclude e-mail or verbal discussions from being included as forming part of the contract. If there is an anticipation that under the contracts duration a change may be required then this should be dealt with via a written mutually signed change/order request form that is referenced from within the original agreement and as such would be considered to be an amendment to the original contract. There are just way to many e-mails and verbiage full of ambiguity to permit allow them inclusion into the contract. If you think about it a smart client could utilize this opening to their advantage by sending carefully crafted e-mails where it may not be obvious to you what their real intentions are.

 

Hate to admit watching Judge Judy but as she often says "if it's not within the 4 corners of the written contract then it's not in the contract".

 

Graham

[cjanderson66]

Yes, dont' do it.  The Architectural business is no longer a glorified profession it is all about bureaucratic BS now.  I have become Jaded and Angry