Billing and payment
The RETAINER FEE DEPOSIT shall be due upon acceptance of this AGREEMENT and is non-refundable or transferable. The INTERIM FEE, where applicable, shall be due as a scheduled payment and may not reflect the percentage of actual expenses incurred. The FINAL FEE is due when the Scope of Work is completed or Construction Documents are available for engineering and /or permit application. Interest accruing at the rate of 2% per month will be added to accounts 30 days past due.
Client furnished information
The CLIENT shall provide CUSTOM YOUR WAY DESIGN with boundary / topography survey and soils information prepared by a licensed practitioner. If information is not provided the CLIENT is responsible for any required revision due to inaccurate information. Revisions required due to discovery of faulty survey or soil information will be billed at hourly rates set in this AGREEMENT. CUSTOM YOUR WAY DESIGN does not warrant accuracy of site / topography / survey or feature location information gathered by others.
Services by others
The services of other consultants may be required, such as structural, civil, mechanical, electrical, septic, geotechnical or other engineers, land surveyors, landscape architects, wetland biologists, hazmat inspectors, etc. Only upon verbal approval from the CLIENT may CUSTOM YOUR WAY DESIGN obtain these services. Upon said approval, CUSTOM YOUR WAY DESIGN may enlist the services of required consultants and act as agent on behalf of the CLIENT. Consultant fees shall be billed directly to the CLIENT and are not included in the fee unless noted in this AGREEMENT. Client is responsible for all charges and requirements by the authority having jurisdiction outside of this agreement. This may include, but is not limited to, Engineering, Survey, Additional professional services, Site Plan, Wet land study, Geotechnical, Site development / planning, permitting, or any other service outside the Scope of work in this Agreement with CUSTOM YOUR WAY. CUSTOM YOUR WAY DESIGN may assist CLIENTS either directly or indirectly in obtaining these additional services at an additional fee per this AGREEMENT.
Coordination
Consultant coordination will be charged at the hourly rate set in this AGREEMENT unless otherwise noted in the SCOPE OF WORK.
Terms of Service
CUSTOM YOUR WAY DESIGN agrees to stop work for the PROJECT upon verbal notice by the CLIENT. When notice of termination is given prior to completion of the PROJECT, the CLIENT will be responsible for a percentage of the FEE equal to the percentage of completion of the PROJECT.
Hourly Billing Rate
Projects that are billed at an hourly rate as noted in this AGREEMENT will be billed per the FEE SCHEDULE included in this AGREEMENT.
Time of essence
CUSTOM YOUR WAY DESIGN does not guarantee estimates of completion of various phases of the PROJECT unless noted in the SCOPE OF WORK. The terms of this AGREEMENT shall be subject to TERMINATION if not executed within 30 days.
Assigns
CUSTOM YOUR WAY DESIGN or the CLIENT may not delegate, assign, or transfer the duties, interests or responsibility set forth in this AGREEMENT without the written consent of the other party. This section shall not limit the subcontracting of design or construction documents by CUSTOM YOUR WAY.
Prior to Construction
CLIENT is responsible for verifying that the final set of plans, according to the scope of work, meets all expectations in regards to the project. This would include, but is not limited to, plan dimension, set backs, square footage, room names, height restrictions, plan features, specifications, elevations, and any other conditions pertaining to the PROJECT that could present dispute prior to acceptance and submittal. CUSTOM YOUR WAY DESIGN must be notified of any discrepancies involving the plans and specifications. CUSTOM YOUR WAY DESIGN must resolve all discrepancies prior to proceeding with the PROJECT or the CLIENT shall accept full responsibility for the cost to rectify same. In order to maintain the integrity of the DOCUMENTS, all revisions, including building department / permit corrections, must be executed by CUSTOM YOUR WAY DESIGN. CLIENT or Contractor-initiated revisions will be charged at the hourly billing rates set in this contract.
Reimbursable Expenses
CUSTOM YOUR WAY DESIGN shall be reimbursed for expenses incurred in the execution of the AGREEMENT including but not limited to: printing, copying, reprographics, fax, express mail and messenger services, long distance phone, mileage, additional services, and travel.
Ownership of Documents
Unless otherwise noted in the SCOPE OF WORK, All drawings, specifications, and other data created by CUSTOM YOUR WAY are and shall remain the property of CUSTOM YOUR WAY DESIGN regardless of whether the PROJECT is executed. All documents or data furnished to the CLIENT will not be used on other projects or extensions to the PROJECT without consent or agreement.
Reissue and Reuse
Reuse of documents by the CLIENT without written consent from CUSTOM YOUR WAY DESIGN is prohibited. The CLIENT shall be held full responsibility for all claims, damages, expenses, and fees arising from unauthorized re-use.
engineering by others
Most house plans need to be Engineered for wind and seismic loads. This is a service that is not done by Custom Your Way Design. Custom Your Way Design does not provide this service and this service is done by others. Engineering fees by others is not the responsibility of Custom Your Way Design. Purchaser is responsible for all Engineering costs and fees by others.