Scope of services and how fees are earned
Many architectural contracts are based on published industry forms, which divide the work into phases running from schematic design through construction administration. Disputes often come from what falls outside basic services: redesign after the owner changes direction, extra site visits, permit problems, or a project that runs longer than planned. The contract should say how additional services are approved and billed, whether the fee is a percentage of construction cost, a fixed amount, or hourly, and what happens to fees if the project is paused or abandoned. The architect's role during construction, including review of shop drawings and contractor payment applications, should be stated clearly, because owners sometimes assume more oversight than the contract provides.
Drawings, standard of care, and liability
Owners are often surprised to learn that the architect usually keeps the copyright in the drawings, while the owner receives a license to use them for the project. Whether that license survives termination, and whether the owner can reuse the design or hand it to another architect, depends on the contract terms and sometimes on payment. Architects are generally held to a professional standard of care rather than a promise of flawless drawings, and contracts frequently include limits on liability, waivers of consequential damages, and insurance requirements. Indemnity clauses deserve careful reading, since professional liability insurance may not cover obligations an architect accepts beyond that standard.
Before signing, and once a dispute starts
Reviewing the architectural contract before design begins lets both sides align scope, budget, and schedule with what the paper actually says. We look at how changes are handled, termination rights, ownership and licensing of documents, and whether disputes go to mediation, arbitration, or court. If a disagreement has already started over fees, delays, design errors, or cost overruns, we review the contract, the correspondence, and the project records to see what each side agreed to. Bring the signed agreement or proposal, any amendments and invoices, and the key emails about changes in scope. Some contracts set notice requirements for claims, so concerns are better raised in writing early.
