Far too often, project owners and design professionals embark upon construction projects without the benefit of definitive written agreements, relying instead on a handshake or the countersigned proposal of the professional. In both instances the parties are not well served, for there are many elements of a design services agreement which should not be left to an oral or incomplete written agreement.

A well drafted agreement will lay out key business terms, the responsibilities of each party, and will manage expectations and risks. Before they can reach that agreement, project owners and design professionals may need to navigate various hot button issues in design agreements. Here, we have selected five for discussion.

#1:  Ownership of the Instruments of Service  

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