Contract Points

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Hey guys hope you’ll be doing great.

After yesterday’s Discussion we have gone through a lot of


helpful things that designers across India have incorporated.

1. For client and vendor selections, we explain to clients that going to different shops again
and again is not making sense. Once selection is done, if they have other vendors they
would like to check it is their prerogative but we will not come with them each time
2. Include clauses about the payment structure of your studio.
3. Set a time period for the contract
4. From one of the design groups: So one of my clients signed the contract with us and
paid us a retainer fee. We started designing the project and once the layout was finalized
we started working on the 3D's. So normally within 30-45 days we are able to reach the
3D stage of a project. Once the 3D's were shown to the client they asked us for certain
changes and we could finalize the look and feel. Then came a stage to make another
payment wherein the client refused to pay us and said that we don't like your designs
and want to end the contract. We pursued them a lot but nothing happened. After 4-5
months, we got to know that our designs were executed at site. After this we added a
clause to our contract which reads as follows- If at any stage, the client plans to
terminate the contract, they are liable to pay 45% of the design fee if the termination is
within 45 days of signing the contract and 65%-70% if it is after 45 days of signing. Alot
of clients show resistance towards it but we sit them down, explain everything to them.
5. From another designer- It's happened with us as well, where the millwork drawings were
taken for a residential project and we were told that we don't like your concepts etc. Sure
thing it was executed at site. We made a practice that all material will be provided post
the payments of that stage are clear. Or else, they can come and view the drawings or
renders in our studio but no emails or physical copies will be provided till the payments
are made for that particular stage!
6. This is a helpful pointer from another designer - I simply handover the contract to my
client while in-person meeting, mostly my associates do, by asking them to check our
services mentioned, charges, schedule of payments and other formalities- which are
discussed earlier in verbal- by closure words of let me know if you have any suggestions
on this then I’ll give a sign and you too and I have always mentioned a jurisdiction and
hardly give them on a stamp paper, generally a contract on a letterhead hardcopy was
sufficient- clients happily accept coz they are able to see how we are going to serve part
is always larger.
7. From another designer- We asked our lawyer to draft the contract and then edited and
simplified the language in a way that is easy to understand and doesn't remain
intimidating to clients. The client ends up understanding our deliverables, etc rather than
thinking that the contract will bind or cheat them in any way.
8. Another helpful point- I have gotten a few projects via friends and family. It’s better to put
out a friends and family discount clause if one is giving. That has helped me earn a little
rather than nothing in the name of family.
9. Another designer from the DG - Along with my job responsibilities and scope of work, I
always add the role of client and responsibilities in the contract. That helps us to bring
transparency and set clear expectations from each other.Some of which include full
information about the objectives to be achieved and constraints for the project if any.
client- timely decision making, timely payments Furnishing the documents related to the
plot and/or building before breaking ground. Employing a manager skilled to understand
and instruct through drawings and regularly coordinate with architect's team on progress
basis
10. From designer - We get two sets printed on our letterhead, and get each page signed by
both parties - client and us where one copy remains with the client and one copy
remains with us
11. From another designer - This is our clause for the same- This contract is valid for 4
months from the date of confirmation toward this contract only, after which, the
commercials shall be revised as per mutual agreement. Should the project get delayed
for any unforeseen reason, beyond control of the client and designer, then the validity of
the contract shall be reconsidered.
12. Another helpful point - about the payment clause in the contract I generally work on a
60% advance basis. I get a lot of resistance but then I stay put and explain in length that
the major bulk of designer’s work has to be done before the execution starts so it is
justified.

Adding in a YouTube video link where Sarah Sham, principal designer of Essajees
Atelier, has talked about important clauses to put onto your contracts for design work.
https://youtu.be/omhtn4z6G2s

Also, Feel free to contact our Lawyer [email protected] it’s a one time cost to get
a document made.

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