Design Builder and Design Professional Agreement for Federal Projects - 422

This agreement is to be used by a Design-Builder to hire a Design Professional (architect or engineer) to provide design services (Basic and possibly Additional Services) on a project that is design-build where the Owner of the construction project is the federal government. Design-build projects are where an Owner of the construction project expects the Design-Builder to provide design services (Basic and possibly Additional Services) as well as the building services. This form agreement is necessary when the lead Design-Builder does not possess licensure to provide design services. This standard architect or engineering services agreement includes Basic Services, including cost estimates, preliminary project schedule, schematic design documents, design development documents, construction documents, design coordination, bidding assistance, submittals, worksite visits, meetings, inspections. An exhibit incorporating the federal acquisition regulations (FAR) is provided as an example exhibit.

The Design Professional agreement addresses issues such as the ability of the Design Professional to request financial information, confidentiality, time for services, consequential damages, delays by Design Professional or Owner, compensation, indemnity, insurance, termination, dispute resolution and mitigation, ownership of documents, and standard of care.