Alerts & ArticlesConstructionConstruction Law

Construction Design Agreement Provision Checklist

By December 19, 2013No Comments

•Identification of contract parties
•Identification of contract documents
•merger clause merging all negotiations into the contract documents
•scope of work
•intellectual property license

  • general use
  • limited use
    • improvement to be constructed by design contractor only
    • one-time use only
    • design contractor reserves right to reuse
    • license not transferable

•release of design contractor if design used by any third party
•timeframe to create design (ensure not hard deadline)
•design fee

  • flat fee
  • percentage fee
  • credit to construction price

•payment schedule
•interest on overdue amounts

  • compliant with Minnesota usury laws

•collection costs
•forum selection/venue (court or arbitration and location)
•pre-lien notice (lien rights may or may not be applicable)
•force majeure/act of God

Terms of Use for this Checklist

This information is being provided as general educational materials by C. Alden Pearson, P.A. It is notspecific legal advice to you and does not create an attorney-client relationship. We encourage you to obtaincompetent legal advice from an attorney in preparing your construction contracts.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.