CLIENT NAME

STREET ADDRESS
CITY, STATE ZIP CODE

Project Description: NEW or REMODEL

Plan Date: DATE

Architect: ARCHTIECT NAME

Pre-construction Agreement Scope of Work:

1. Provide the design review services, including design meetings with the architect and final plans.
2. Work in conjunction with the architect(s) to develop a preconstruction schedule.
3. Consult with the architect to provide guidance on local building practices and municipality
requirements.
4. Conduct periodic plan reviews with the architect and client concerning build-ability and budget.
5. Create a scope of work for the Project to be provided to subcontractors for estimating.
6. Create a preliminary master schedule for the Project.
7. Select structural engineering subcontractors if needed.
8. Select geotechnical-engineering subcontractors if needed.
9. Create a cost of work estimate based on provided plans.

Cost of Pre-construction Scope of Work:

($00,000.00 )
Payment to be made in full upon acceptance of this agreement.

Ownership of Our Pre-construction Design and Analysis Work

In consideration of Client’s payment of amounts due under this Agreement, BUILDER NAME (henceforth
referred to as Builder) grants to Client a non-exclusive, non-transferable license for use of all intellectual
property incorporated in its work for the duration of this Pre-Construction Services Agreement only. This
intellectual property license will become permanent when Client signs the Work Agreement with Builder
to perform the construction or pays successfully completes the Pre-construction contract. If Client
decides not to sign a Work Agreement with the Builder or terminates the Pre-construction contract
agreement, then this license terminates, and Client agrees not to make any further use of the designs,
estimates, analyses or other work performed by Builder under this agreement.

1
 Builder Responsibilities
1. the Builder shall provide the services as set forth in this Agreement.
2. the Builder shall provide its services in conjunction with the services of the Architect. the Builder
shall not be responsible for actions taken by the Architect.
3. As the Architect progresses with the preparation of the Schematic Design, Design Development
and Construction Documents, the Builder shall consult with the Client and Architect and make
recommendations whenever the Builder determines that design details adversely affect
constructability, cost or schedules.
4. Following the Client’s approval of the Drawings and Specifications, the Builder shall update and
submit in writing the latest estimate of the Estimated Cost of the Work and the Project schedule
for the Architect’s review and the Client’s approval.

Additional Services
1. Additional Services may be provided after execution of this Agreement, without invalidating this
Agreement. Except for services required due to the fault of the Builder, any Additional Services
provided shall entitle the Builder to compensation.
2. Upon recognizing the need to perform Additional Services, the Builder shall notify the Client with
reasonable promptness and explain the facts and circumstances giving rise to the need. the
Builder shall not proceed to provide additional services until the Builder receives the Client’s
written authorization.
3. Labor rates are included for Additional Service items only.
Principal, BUILDER NAME @ $00 per hour
Office Project Management or Builder’s Representative@ $00 per hour
Engineering and subcontractor services are billed according to tasks performed and companies
involved

Client’s Responsibilities
1. Unless otherwise provided for under this Agreement, the Client shall provide information in a
timely manner regarding requirements for and limitations on the Project, including the Client’s
program, other objectives, schedule, constraints and criteria, special equipment, systems, and site
requirements. Within 7 days after receipt of a written request from the Builder, the Client shall
furnish the requested information as necessary and relevant for the Builder to evaluate.
2. The Client shall establish and periodically update the Client’s budget for the Project, including (1)
the budget for the Project. If the Client significantly increases or decreases the Client’s budget for
the Project, the Client shall notify the Builder and Architect. The Client and the Architect, in
consultation with the Builder, shall thereafter agree to a corresponding change in the budget for
the Project or in the Project’s scope and quality.
3. The Client shall furnish surveys to describe physical characteristics, legal limitations and utility
locations for the site of the Project, and a written legal description of the site. The surveys and
legal information shall include, as applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the
site; locations, dimensions and necessary data with respect to existing buildings, other
improvements and trees; and information concerning available utility services and lines, both

2
 public and private, above and below grade, including inverts and depths. All the information on
the survey shall be referenced to a Project benchmark.
4. The Client shall coordinate the services of its own consultants with those services provided by the
Builder. Upon the Builder’s request, the Client shall furnish copies of the scope of services in the
contracts between the Client and the Client’s consultants. The Client shall furnish the services of
consultants other than those designated in this Agreement or authorize the Builder to furnish
them as an Additional Service, when the Builder requests such services and demonstrates that
they are reasonably required by the scope of the Project.
5. The Client shall provide prompt written notice to the Builder and Architect if the Client becomes
aware of any fault or defect in Project, including errors, omissions or inconsistencies in the
Architect’s Instruments of Service or any fault or defect in the Builder’s services.

Cost of the Work

1. For purposes of this Agreement, the Cost of the Work shall be the total cost to the Client to
construct all elements of the Project designed or specified by the Architect and shall include the
contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include
the compensation of the Architect, the costs of the land, rights- of-way, financing, contingencies
for changes in the Work or other costs that are the responsibility of the Client.
2. If the Architect is providing detailed cost estimating services as an Additional Service, and a
discrepancy exists between the Builder’s cost estimates and the Architect’s cost estimates, the
Architect and the Builder shall work cooperatively to conform the cost estimates to one another.
3. If, prior to the conclusion of the Design Development Phase, the Builder’s estimate of the Cost of
the Work exceeds the Client’s budget for the Cost of the Work, the Builder, in consultation with
the Architect, shall make appropriate recommendations to the Client to adjust the Project’s size,
quality or budget, and the Client shall cooperate with the Builder and Architect in making such
adjustments.
4. If the estimate of the Cost of the Work at the conclusion of the Design Development Phase
exceeds the Client’s budget for the Cost of the Work, the Client shall
a. give written approval of an increase in the budget for the Cost of the Work;
b. in consultation with the Builder and Architect, revise the Project plans, scope, or quality as
required to reduce the Cost of the Work; or
c. implement any other mutually acceptable alternative.

Termination or Suspension
1. If the Client fails to make payments to the Builder in accordance with this Agreement, such failure
shall be considered substantial nonperformance and cause for termination or, at the Builder’s
option, cause for suspension of performance of services under this Agreement. If the Builder
elects to suspend services, the Builder shall give seven days’ written notice to the Client before
suspending services. In the event of a suspension of services, the Builder shall have no liability to
the Client for delay or damage caused the Client because of such suspension of services. Before
resuming services, the Builder shall be paid all sums due prior to suspension and any expenses

3
 incurred in the interruption and resumption of the Builder’s services. the Builder’s fees for the
remaining services and the time schedules shall be equitably adjusted.
2. If the Client suspends the Project, the Builder shall be compensated for services performed prior
to notice of such suspension. When the Project is resumed, the Builder shall be compensated for
expenses incurred in the interruption and resumption of the Builder’s services. the Builder’s fees
for the remaining services and the time schedules shall be equitably adjusted.
3. If the Client suspends the Project for more than 90 cumulative days for reasons other than the
fault of the Builder, the Builder may terminate this Agreement by giving not less than seven days’
written notice.
4. Either party may terminate this Agreement upon not less than seven days’ written notice should
the other party fail substantially to perform in accordance with the terms of this Agreement
through no fault of the party initiating the termination.
5. The Client may terminate this Agreement upon not less than seven days’ written notice to the
Builder for the Client’s convenience and without cause.
6. In the event of termination not the fault of the Builder, the Builder shall be compensated for
services performed prior to termination, together with Reimbursable Expenses and Termination
Expenses as defined in this section.
7. Termination Expenses are in addition to compensation for the Builder’s services and include
expenses directly attributable to termination for which the Builder is not otherwise compensated,
plus an amount for the Builder’s anticipated profit on the value of the services not performed by
the Builder, as set forth below.
8. In the event of termination for the Client’s convenience prior to commencement of construction,
the Builder shall be entitled to receive payment for services performed, costs incurred by reason
of such termination and reasonable overhead and profit on Preconstruction services not
completed during the Preconstruction Phase.
9. In the event of termination for the Client’s convenience after commencement of construction, the
Builder shall be entitled to receive payment for services performed and costs incurred by reason
of such termination, along with reasonable overhead and profit of on services not completed
during the Construction Phase.

Compensation
1. For the Builder’s Basic Services described under the Scope of Work, the Client shall compensate
the Builder ($ 00,000.00 USD )
2. Compensation for Reimbursable Expenses
a. Reimbursable Expenses are in addition to compensation for Basic and Additional Services
and include expenses incurred by the Builder directly related to the Project, as follows:
i. Transportation and authorized out-of-town travel and subsistence;
ii. Long distance services, dedicated data and communication services
iii. Fees paid for securing approval of authorities having jurisdiction over the Project;
iv. Outside design professionals employed on behalf of the client by the builder and
approved in writing by the client
v. Printing, reproductions, plots, standard form documents;
vi. Postage, handling and delivery;
vii. Expense of overtime work requiring higher than regular rates, if authorized in
advance by the Client;
viii. Professional photography, and presentation materials requested by the Client;
ix. All taxes levied on professional services and on reimbursable expenses;

4
 x. Site office expenses; and
xi. Other similar Project-related expenditures.
3. For Reimbursable Expenses the compensation shall be the expenses incurred by the Builder and
the Builder’s consultants plus twenty percent (21.5%) of the expenses incurred.
4. Payments to the Builder.
5. Payment in full shall be made upon execution of this Agreement and is the minimum payment
under this Agreement.
6. Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services
performed on the basis of hourly rates shall be available to the Client at mutually convenient
times.

Scope of the Agreement

1. This Agreement represents the entire and integrated agreement between the Client and the
Builder and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument signed by both Client and the
Builder.

This Agreement is entered into as of the day and year first written above.

______________________________ ______________________________
Client (Signature) BUILDER NAME (Signature)

______________________________ ______________________________
(Printed name) (Printed name and title)

______________________________
Client (Signature)

______________________________
(Printed name)