Top Ten Contract Provisions for Design Professionals

This guide outlines key contract provisions that design professionals should consider when reviewing contracts. It begins with the defense and indemnification clause, emphasizing the importance of understanding liability and ensuring that indemnification obligations are limited to negligence. The document also discusses the standard of care expected from design professionals, advising against language that implies a higher standard than reasonableness. Furthermore, it addresses the phrase 'time is of the essence,' recommending its removal to avoid potential claims. The guide highlights the necessity of clearly defining the scope of services and cautions against incorporating terms from other agreements without proper review. It also suggests including a limitation of liability provision to cap potential damages and emphasizes the benefits of alternative dispute resolution (ADR) methods, particularly mediation. Lastly, it advises on ownership of documents and the importance of clarifying the role of the design professional to avoid misunderstandings about warranties and jobsite safety responsibilities.