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Your Design Services Agreement
As part of the CCIDC Code of Ethics, before accepting an assignment, a Certified Interior Designer is required to inform the client of the scope and nature of the
project involved, the interior design services to be performed, and the method of remuneration for those services. A Certified Interior Designer shall not materially change the scope of a project without
the client's consent
A written agreement should be executed by the Certified Interior Designer and client prior to commencing services. Many Certified Interior Designers prepare their own
agreements or have them prepared by an attorney. Whatever agreement is used for professional services, it is a legal document that binds you and the Certified Interior Designer to certain obligations for
the life of the project and, in some cases, beyond project completion. It should include the specific services that you and your Certified Interior Designer have agreed upon and the conditions under
which these services are to be rendered. Otherwise, issues could arise that may be both expensive and time-consuming to resolve.
Review the agreement carefully. It is yours and the Certified
Interior Designer's responsibility to understand and follow the agreement. You have the right to question and change the terms of the agreement before signing it. Because it is a binding legal document,
you may wish to have your legal counsel review the agreement before you sign it. You, as owner, should retain an original copy of the signed agreement. In addition, you should not make agreements with
other parties regarding your project without first notifying the Certified Interior Designer with whom you have the primary agreement.
Items for the written agreement
Your written
agreement for Certified Interior Designer services should contain, as a minimum, these items:
- A description of services to be provided by the Certified Interior Designer to the client.
- A description of any basis of compensation applicable to the contract and method of payment agreed upon by both parties.
- The name, address, and Certification number of the designer and the name and address of the client.
- A description of the procedure that the Certified Interior Designer and the client will use to accommodate additional
services.
- A description of the procedure to be used by either party to terminate the contract.
Additional recommended items in the written agreement
Beyond those items as shown above, the CCIDC recommends that an
agreement for design services also include
- The title and address of the project;
- At what phases of the Certified Interior Designer's services the client's approval must be given before he or she proceeds
to the next phase;
- The time frame in which the design services must be completed;
- The construction budget and what items it includes;
- An itemized listing of the Certified Interior Designer's basic services;
- The maximum fee for these basic services;
- A listing of the disciplines of consultants that may be needed (i.e., engineering, landscape, etc.), and a clarification of
who hires the consultants and who approves and pays their fees;
- A list of the reimbursable costs that are not included in the basic fee;
- A list of what services constitute additional services and at what cost;
- A clarification of whose approval is required before these additional service costs are incurred;
- Whether assistance with establishing a contract between a contractor and owner will be provided;
- The date of anticipated start of construction;
- A provision for cost escalation or contingencies for delay of construction;
- A provision for cost escalation or contingencies for changes in the project scope during construction;
- A schedule of when and in what amounts payments are due;.
- Whether construction observation services are included;
- The amount of the retainer fee and how/when/ where it will be applied;
- How final payment is computed if the agreement is terminated;
- A procedure for handling disputes between the parties should the need arise (for example, arbitration or mediation);
- A clarification of who owns the project documents; and
- A clarification of who is responsible for keeping project account records and when they may be reviewed.
Keeping Records
The written agreement is not the only document you should keep. You should also keep a written record
of all verbal communication with your Certified Interior Designer that relates to the project. Do not assume your Certified Interior Designer will interpret everything you discuss with him or her the
same way you do. When you have a meeting or discussion with the Certified Interior Designer about your project, write the Certified Interior Designer a memo confirming your understanding of that meeting
or discussion. These memos can help to prevent misunderstandings from occurring and may prove invaluable should a problem or dispute occur. Include the date and time of your conversation in the memo, as
well as the date you write it. You may also want to write memos or notes to yourself about the progress of the project. Photographs or videotapes taken at regular intervals (with notes as to the dates
that the photos are taken) can be very useful in establishing a historical record of the project.
Keep detailed financial records by ensuring the Certified Interior Designer provides detailed
invoices. Also keep records of the date and amount of each payment you make. Require the Certified Interior Designer to obtain your written approval before additional costs are incurred. Carefully
evaluate each phase of the project. Make sure your Certified Interior Designer knows your written approval is necessary before proceeding to the next project phase.
Make sure that you receive a
copy of all documents you sign, and keep a copy of all documents you give to your Certified Interior Designer.
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