Pre-Construction Consultation Terms & Conditions
This Agreement between the Owner(s) and Contractor is for professional
Preconstruction Services Deliverables to be provided by Contractor include the following:
Needs Assessment:
___ Initial analysis of the potential size, type, and complexity of the project.
___ Establish preliminary cabinet budget.
___ Create kitchen & bath designs.
___ Create a preliminary schedule for approval, assembly, and installation.
Design:
___ Schematic Design: Sketches of various options based on the Needs Assessment and potential costs for each option.
___ Design Development: Final elevations, sections, and 3D renderings of the proposed project.
Preconstruction & Estimating Services:
___ Propose alterations, additions, or revisions to plans provided by Owner
___ Detailed material, fixture, and finish selections and specifications
___ Prepare detailed cost proposal and contract for construction of the project
Timeframe
Upon receipt of all required information from the Owner, the Contractor will complete all deliverables in the following timeframe:
Within 1 week of the first onsite visit.
Compensation for Preconstruction Services:
Unless otherwise specified, the contractor will perform the listed Preconstruction Services for $300.00.
Payment Terms:
- Payable upon execution of this Agreement.
Preconstruction Compensation Applied to Construction Contract:
100% of the Preconstruction Services Compensation shall be incorporated into the final construction contract amount if the Owner and Contractor enter into a construction agreement for the project.
Assignment:
Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other.
Indemnification
Owner agrees to indemnify and hold harmless Contractor (including its officers, directors, members, managers, employees and agents) from and against any and all loss, liability, claim, damage or expense (including reasonable costs of investigation and defense and reasonable attorneys’ fees) and specifically including any indirect, consequential, incidental, special and punitive damages and any losses or damages associated with any diminution in value, lost profits or lost opportunities, that may result from any claim, lawsuit or other proceeding resulting in any direct or indirect manner from any alleged infringement upon the rights of any other person or from any claim that the completed design, preconstruction services or completed work is similar in any manner to any other person’s work or property.
Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Texas or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in construction and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
​
Termination
In the event the Owner elects to terminate this agreement, the Contractor will retain any deposits received.
​
The parties have executed this Preconstruction Services Agreement to be effective as of the date listed above.