Terms & Conditions

These Terms and Conditions outline the contractual agreement between RARA Architects LLC, d/b/a RARA Designz, hereby referred to as the “Firm” and the client or homeowner, hereby referred to as the “Client”.

Definitions

For the purposes of these Terms and Conditions:

  • Architect / Designer: Employees of the Firm
  • Architect’s Consultants: Experts hired by the Firm (e.g., structural engineer, MEP engineer, or other specialists)
  • Contract / Agreement: The signed agreement for design services
  • Contractor / Builder: The person or company performing construction activities
  • Fees: Payments made by the Owner for the Services provided by the Firm.
  • Firm / Architecture Firm / Design Firm: RARA Architects LLC d/b/a RARA Designz
  • Instruments of Service: All drawings, models, sketches, and digital files prepared by the Design Firm
  • Owner / Client / Homeowner: Person or entity commissioning the Project
  • Owner’s Consultants: Experts hired by the Owner e.g. Contractor, surveyor, A/V expert etc
  • Project: The work described in the SOW
  • Regulatory Authority Having Jurisdiction (AHJ) : The county or city issuing the permit, doing inspections etc.
  • Service: Activities undertaken during the design process to produce the required deliverables
  • SOW (Scope of Work): Tasks, deliverables, and services included in the Contract

 

General Terms

  • The Architect provides design-related services as described in the SOW. This does not include contractor services, 3rd-party consultants hired by the Owner, or government approvals.
  • The Architect will make reasonable professional efforts to deliver work on schedule. Timing depends on project complexity, Owner feedback, and regulatory approvals.
  • The Owner is responsible for securing HOA approvals or other permits; work beyond standard design services will be billed separately.
  • Site visits for measurements are for design purposes only and do not guarantee discovery of hidden conditions.
  • High-level project cost estimates are provided at no extra charge. Detailed estimates require a separate estimation expert can be provided at an additional cost.
  • If Architect’s Consultants or additional site visits are needed but not included in the Contract, the Owner may hire them separately or request the Firm to arrange them at an additional cost.

 

Scope and Responsibilities

Design Services
  • The Firm’s involvement is limited to the design phase and ends after permit approval. Any work after permit approval—such as site visits, review of changes due to site conditions, or other support—will be billed at the stated hourly rate. (Exception: RFIs from Contractors are included in base fees.)
  • The Architect will use reasonable professional skill and care to conform designs to applicable codes. Known gaps at the time of drawings creation will be remediated at no extra charge.
  • The Architect will provide timely updates and promptly notify the Owner of any concerns regarding the Project.
  • All Instruments of Service are property of the Firm. The Client is granted a non-exclusive limited license to use the Architect’s Instruments of Service for the construction and maintenance of one single project. These Instruments of Service may not be reused or copied for any secondary or repeated construction without prior written consent from the Architect.
Owner Responsibilities
  • The Owner is responsible for all existing conditions, remediation, and obtaining necessary surveys (e.g., site, soil, septic).
  • The Owner is responsible for the work of their Contractor and any other consultants hired by them. 
  • The Firm is not liable for construction means, methods, safety, or deviations from plans directed by the Owner or Owner’s Consultants.
Site Conditions
  • The Contractor must verify all site dimensions and conditions before starting work.
  • Any discrepancies between drawings and actual site conditions must be reported in writing to the Owner and the Architect.
  • The Contractor must not proceed with affected work until the Owner provides written direction.
  • The Architect’s site visits are for design purposes only and do not guarantee hidden conditions.
  • Changes required due to unknown existing conditions may incur additional fees.
Consultants
  • If Architect’s Consultants become necessary but are not included in the Contract, the Owner may hire them or request the Firm to hire them at an additional cost.
  • Coordination with structural, MEP, or other consultants is included in Fees, but consultation fees are invoiced separately and payable by the Owner unless included in the Contract.

 

Payments & Fees

  • Fees cover design services described in the SOW, including rework required by code or permitting reviews by AHJ. Rework due to Owner changes may incur additional charges.
  • Value engineering changes (changes to save money/time/material) introduced by the Contractor or Owner after Schematic Designs are approved by Owner may incur additional charges.
  • Fees do not include permit fees, Contractor services, or 3rd-party consultant fees unless included in the Contract.
  • If the Project does not start within 20 days of signing the Contract, the Firm may terminate the Contract and invoice for work performed to date.
  • Pausing the Project for more than 30 days will incur a 5% restart fee.
  • Late payments over 30 days allow the Firm to pause Services until payment is received, plus a 5% restart fee.

Liability & Termination

  • The Firm’s total liability for any claim related to the Project is limited to the Fees paid under the Contract. In no event shall the Design Firm be liable for any consequential, incidental, or indirect damages, including loss of profits or use
  • The Firm is not responsible for errors or omissions in information provided by the Owner, Owner’s Consultants, or Regulatory authorities.
  • The Owner agrees to indemnify and hold harmless the Firm, its employees, and Consultants from claims, losses, or costs arising from Owner-supplied information or construction methods, except where caused solely by the Firm’s negligence.
  • Architect / Engineer review of shop drawings or submittals is limited to checking conformance with design intent and does not approve construction means, methods, quantities, or safety precautions.
  • The Contract and the Project may be terminated by either party with 7 days’ notice. The Firm will invoice for Services performed up to termination plus any direct costs caused by termination.
  • Upon termination of the Contract, the Client forfeits all rights to receive paper or digital copies of the Instruments of Service, unless both parties explicitly agree otherwise in writing.

Miscellaneous Terms

  • The Architect provides advice for the Project’s benefit; the Owner decides whether to adopt it.
  • The Firm may use project photos or drawings for marketing, with site access coordinated with the Owner.
  • Governing Law and Dispute Resolution: The Contract is governed by the laws of the state where the Firm’s main office handling the Project is located. Any disputes will first go to mediation in that state before arbitration or litigation.

These Terms may be updated as required by law or business needs and will be effective immediately unless otherwise specified.

Updated 8/1/2026