Who owns the drawings?

AIA standard practice: architect retains copyright; owner has a license to use for the specific project. This is heavily litigated. Owners who want full ownership (to reuse design or sell) negotiate copyright assignment, typically at premium fees. State law in some places (California, others) deems certain documents the owner's property when paid for; verify state-specific rules.

What's typical architect compensation?

Residential single-family: 6-12% of construction cost (smaller projects higher %). Custom homes: 8-15%. Commercial: 5-10%. Lump-sum-per-phase common for residential ($15-50K typical for additions/renovations; $30K-150K for custom homes). Hourly with not-to-exceed cap also common. Negotiate based on scope, complexity, project size.

Should the architect provide construction administration?

Recommended for any project over $100K. Architect site visits during construction catch deviations from the drawings, ensure quality, and resolve issues before they become defects. Typical 4-6 visits at scheduled milestones plus issue-driven visits. Without architect CA, the owner relies entirely on contractor to follow the drawings; deviations are common and often discovered too late.

What if I want to change the design mid-project?

Typical with owner-architect agreements: scope changes are billed as additional services at hourly rates. Significant changes during construction trigger change orders to the contract and additional architect fees for revised drawings. The agreement should specify hourly rates for additional services upfront.

Is the architect responsible for construction defects?

Generally no - architect is responsible for DESIGN errors, contractor is responsible for CONSTRUCTION defects. The line is often blurry: design defects (calculation errors, code violations in design) are architect's responsibility; construction defects (failure to follow design, poor workmanship) are contractor's. Architect professional-liability insurance covers design errors and omissions. Construction-defect litigation often includes both architect and contractor; specific responsibility is litigated.

Owner-Architect Agreement (Simple)

Simple agreement between owner and architect for design services - scope, fees, deliverables, ownership of drawings.

Customise

Owner — name

Owner address

Architect — name

Architect firm

Architect address

Architect license

Project description

Architect's scope of services

Compensation structure

Ownership of drawings and documents

Termination clause

Governing state

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OWNER-ARCHITECT AGREEMENT

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OWNER

Name: Jordan Alex Taylor
Address: 482 Elm Street, Apt 3B, Portland, OR 97214

ARCHITECT

Name: Maya Chen, AIA (Riverside Architecture Studio)
Address: 880 NW 23rd Ave, Suite 200, Portland, OR 97210
License: OR Architect License #ARC-9876

ARTICLE I - PROJECT

Single-family home addition: 600-square-foot master-bedroom suite at 482 Elm Street, Portland, OR.

Governing state: Oregon

ARTICLE II - ARCHITECT'S SCOPE OF SERVICES

PHASE 1 - Schematic Design (SD): Programming, site analysis, schematic floor plans, schematic elevations. Two presentations to owner. Estimated duration: 4-6 weeks.

PHASE 2 - Design Development (DD): Refined floor plans, elevations, sections, exterior material selections, interior layouts. Owner approval before proceeding to CDs. Estimated duration: 4-6 weeks.

PHASE 3 - Construction Documents (CD): Complete construction drawings, specifications, structural-engineering coordination, mechanical/electrical/plumbing coordination. Suitable for permitting and bidding. Estimated duration: 8-12 weeks.

PHASE 4 - Construction Administration (CA): Periodic site visits during construction (4 visits typical), shop drawing review, RFI responses, change-order review. Estimated duration: matches construction timeline.

ARTICLE III - COMPENSATION

PHASE FEES (lump-sum):
Schematic Design (SD): $4,500
Design Development (DD): $6,000
Construction Documents (CD): $8,500
Construction Administration (CA): $4,000
──────────
Total architect fees: $23,000

ADDITIONAL SERVICES (hourly):
Architect time: $185/hour
Drafting time: $95/hour
3D rendering: $125/hour

REIMBURSABLE EXPENSES (cost):
Permitting fees, printing/plotting, structural-engineering subconsultant, special-inspection coordination.

PAYMENT SCHEDULE:
Per phase, billed monthly during phase progress, invoiced based on percentage complete.
Net 30 days from invoice.

ARTICLE IV - OWNERSHIP OF DRAWINGS

Architect retains COPYRIGHT and OWNERSHIP of all drawings, specifications, and design documents prepared (per AIA standard practice).
Owner has a LICENSE to use the documents for the specific project described.
The license does NOT extend to:
- Future projects on the same property without re-engagement of architect.
- Sale of the design to others.
- Reuse of the design on other properties.
In the event Owner terminates the engagement, Architect may withhold construction-document delivery pending payment of fees earned through termination.

ARTICLE V - TERMINATION

Either party may terminate with 14 days written notice for any reason.
Upon termination:
- Owner pays Architect for all work performed through termination date.
- Architect provides Owner with copies of all documents prepared (subject to payment).
- Architect retains ownership / copyright per Article on ownership.
Breach by either party: 14 days notice and opportunity to cure before termination.

ARTICLE VI - GENERAL PROVISIONS

1. Architect maintains professional-liability insurance ($1M minimum).
2. Architect coordinates with structural engineer, MEP engineers as needed (subconsultant fees billed as reimbursable expenses or separately retained by Owner).
3. Architect is not the contractor; construction is performed by separately-retained contractor.
4. Disputes resolved through mediation under Article VII; if unresolved, by litigation in courts of governing state.
5. Modifications must be in writing signed by both parties.

EXECUTION

_______________________________ Date: ____________________
Jordan Alex Taylor (Owner)

_______________________________ Date: ____________________
Maya Chen, AIA (Architect)

About this template

An owner-architect agreement governs design services. The American Institute of Architects (AIA) publishes industry-standard forms (B101 Standard Form of Agreement Between Owner and Architect, B103 for large projects, etc.) - these are extensively-negotiated industry standards. For smaller residential projects, simpler agreements suffice but should cover the same critical elements. The architect typically delivers: (1) Schematic Design - programming, site analysis, conceptual plans; (2) Design Development - refined plans with materials and systems decisions; (3) Construction Documents - complete drawings and specs for permitting and bidding; (4) Construction Administration - oversight during construction. Compensation structures vary: (a) Lump sum per phase (most common for residential); (b) Percentage of construction cost (typical 5-15% depending on project size and complexity); (c) Hourly with not-to-exceed cap; (d) Combination. The most-litigated owner-architect issue is OWNERSHIP of drawings: AIA standard practice gives architects copyright; owners have a license to use for the specific project. This means owners cannot use the same drawings to build a second house, sell the design, or reuse on other properties without architect re-engagement. Some owners negotiate full assignment of copyright (premium fee). Architect liability is typically capped at the architect's fee; consequential damages typically waived. State licensing for architects (every state requires) is mandatory; using unlicensed designers can void permitting, void construction-defect insurance, and create owner liability. Architect professional-liability insurance is industry standard but not always universal among solo practitioners; verify before signing.

When to use it

Custom-home design.
Major addition or renovation requiring permitting.
Commercial-building design.
Public-buildings or institutional design.
Project requiring structural calculations and permitting.

What to include

Owner and architect identification with license.
Project description.
Architect scope of services (typically 4 phases).
Compensation structure with phase fees.
Ownership of drawings (license vs full copyright).
Termination clause.
Insurance and subconsultant coordination.

Frequently asked

For commercial projects, generally yes - the AIA B101 (Owner-Architect) is the industry standard and extensively litigated. AIA forms are copyrighted and require AIA Document Online subscription ($300-500/year). For small residential projects, simpler custom agreements suffice but should cover the same critical elements (scope, compensation, ownership, insurance, termination).

⚠ Legal disclaimer. Architect licensing varies by state; using unlicensed designers can void permits and insurance. AIA standard forms (B101, B103, others) are industry standard for commercial; custom agreements common for small residential. Drawing ownership is litigated heavily - AIA standard practice gives architect copyright with owner license. State law on owner-architect issues varies; consult an architect or construction attorney for complex projects.