Design Build Retainer Agreement

Design build retainer agreements are essential for ensuring a smooth and successful construction project. A retainer agreement is a contract between the owner and the design-build contractor that defines the terms of the project, such as payment schedules, project timelines, and project scope. A design build retainer agreement ensures that the project stays on track, and all parties involved are clear on their responsibilities.

Here are some essential points that should be included in a design build retainer agreement:

Scope of work: This section outlines the specific work that the design-build contractor will perform. It is essential to be as specific as possible to avoid any misunderstandings. This section should cover the design phase, construction phase, and any other services that the contractor will provide.

Payment Schedule: The payment schedule should be clear and concise to avoid any confusion. The agreement should specify the total cost of the project, the payment schedule, and the amount due at each milestone. It is essential to ensure that payments are made promptly to keep the project on schedule.

Timeline: The timeline should include the start and end date of the project and all significant milestones that need to be met. It is crucial to ensure that the timeline is realistic and achievable.

Change orders: Change orders are inevitable in any construction project, and the retainer agreement should include a provision for changes to the scope of work. This provision should outline what constitutes a change order, how they will be approved, and any additional costs that may be incurred.

Warranties: The agreement should include the warranties provided by the design-build contractor. These warranties should cover the workmanship and materials used in the project.

Termination: In case of unforeseen circumstances, the retainer agreement should include a clause that covers the termination of the contract. This clause should specify the reasons for termination, the process for termination, and any penalties that may be incurred.

In conclusion, a well-drafted design build retainer agreement is essential for the success of any construction project. It helps to ensure that all parties involved are on the same page, and there are no misunderstandings. A comprehensive retainer agreement should cover the scope of work, payment schedule, timeline, change orders, warranties, and termination. By including these essential elements, you can set the foundation for a smooth and successful construction project.

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