Standard Terms and Conditions

This Agreement is subject to OAA 600-2013 ‘Standard Form of Contracts for Architect’s Services (Current Version) & Jordan Station Design Co.’s Standard Terms and Conditions noted below: 

 

Standard Terms and Conditions: 

(Updated November 2021) 

Scope/Legal

  1. The Consultant will perform the services described in the Proposal with the duty of care, and degree of skill and diligence, ordinarily exercised by professional architectural design firms in this jurisdiction for services and projects, and under circumstances, similar to that under consideration in the Proposal.

  2. All meetings will be held at Jordan Station Design Co Inc. office, or by virtual means. Should site meetings be required, additional charges will apply.

  3. By signing this proposal, the Client acknowledges that a building permit is required for all work described within our documents and agrees that the Consultant will not be held liable for work completed without the benefit of a building permit. 

  4. The Client is engaging JSDCo for a service. This service is reflected and conveyed through instruments of service, including drawings. The Client retains the use of the documents for their specific project only. The Client does not own the drawings or instruments of service. 

  5. Instruments of service, including but not limited to:  plans, designs, drawings, or specifications, remain property of Jordan Station Design Co Inc. Instruments of service shall not be altered, released, disclosed or published, in whole or in part, to others without the written license  of Jordan Station Design Co Inc. This includes re-production for alternate sites or lots. For additional information refer to the OAA601-current version. 

  6. By signing this proposal, the Client agrees that the Consultant may use all prepared work as part of their marketing program. 

  7. Jordan Station Design Co Inc. will not be held responsible for revenue lost / costs incurred due to work not completed within a reasonable amount of time. Deliverable dates are estimates only, and are subject to change without notice. 

  8. Unless specifically indicated otherwise, fees do not include for involvement in property-related issues such as purchase/sale, easement acquisition, etc., or work associated with issuance of building permits. 

  9. Jordan Station Design Co. cannot be held liable for property purchases made based solely on analysis provided. The Client is responsible for their own due diligence and assumes all risk and liability.

  10. In the event of a dispute concerning this agreement, the parties shall in good faith attempt to reach a negotiated resolution by referring the matter to their respective senior management staff within 10 days of notice by one of the parties of the dispute.  If, within 30 days of such notice, the matter has not been resolved to the satisfaction of both parties, it may, upon written consent by both parties, be referred for non-binding mediation.  If such non-binding mediation is not successful in resolving the matter to the satisfaction of both parties, or if both parties do not elect to refer the matter for such mediation, it may, upon written consent by both parties, be referred for binding arbitration.

  11. To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant, Consultant’s officers, directors, partners, employees, agents, and subconsultants, to Client, and anyone claiming by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by the Consultant. 

  12. Should a project be delayed for building permit application or municipal approval, the documents may be subject to additional review due to Building Code or zoning revisions. Additional fees will apply to revise documents to standards that may not have applied to the project at its conception. 

  13. Scope of the project will be evaluated at the end of each phase of design to ensure that the scope of work still aligns with the signed proposal. Should the scope differ at any point Jordan Station Design Co. Inc. will advise the Client in writing accompanied by a revised fee and project delivery schedule that aligns with the new work. The next phase of work will not commence until a mutual agreement is reached. 

  14. The Client is responsible for ensuring that Jordan Station Design Co Inc. has received all information relating to the purchase of land. Including but not limited to: development agreements, easements, property reports, property listings or any other property/ zoning related items. Jordan Station Design Co Inc. will not be held liable for missing information. 

  15. The Client is responsible for advising Jordan Station Design Co Inc. of any active permits or construction that has taken place without first obtaining a building permit, prior to acceptance of this proposal.

  16. The Client is strongly advised to facilitate the use of an up-to-date survey for any work constituting expansion of existing buildings as part of the project. An up-to-date survey shall be considered no older than 5 years. If a survey is not provided, lot lines will be approximated to the best of our ability. This may produce inaccuracies represented on the site plan. Jordan Station Design Co Inc. shall not be responsible or liable for estimated site  lot lines, site features or exact location of anything typically shown on a legal survey. Design work shall not proceed until a survey is completed or the Client assumes responsibility of the site related work. 

  17. The Client will not disclose our variables (including estimates) to our competitors, and disparage Jordan Station Design Co Inc. to the public including but not limited to: individuals, public/private entities, government agencies, and on all social media platforms including but not limited Facebook, Twitter, Instagram, etc. 

  18. The Client(s), builder(s), and stakeholder(s) of this project shall satisfy themselves with respect to Tarion registration and new home warranty requirements. Jordan Station Design Co Inc. shall only determine if a project is eligible and does not provide a legally binding council as it pertains to the Ontario New Home Warranties Plan Act. Jordan Station Design Co Inc. recommends consultation with the agency directly or a competent builder registered with Tarion. If a project is required to enter into the Tarion Warranty program a registration number will be required at the building permit application stage.

Billing/Payment

  1. The retainer is the minimum amount payable under this agreement, and is non-refundable. The retainer will be credited to the final invoice. 

  2. Projects in excess of $2,000.00 in fees will be billed in increments. Incremental billings are as follows; 60% upon completion of design development, 40% upon completion of work.

  3. Payment in full is required prior to release of our drawings for use in obtaining shop drawings (if applicable). 

  4. Payment can be made via e-transfer, cash and cheque. Credit cards  are also accepted, subject to processing fees. All other forms of payment are not accepted.

  5. Interest on unpaid accounts will be charged at 4%, compounded monthly. 

  6. The Consultant reserves the right without penalty to discontinue services in the event of non-payment. If the project is abandoned or delayed for any reason the Client shall pay all fees for services rendered to that date. 

Exclusions/Inclusions

  1. Kitchen design has not been included as part of this proposal. General layout of fixtures and appliances will be provided for permit application. 

  2. Interior finishes are to be selected by the Client/contractor and are not included in the scope of work. 

  3. Exterior finishes have been depicted for building permit adherence. 

  4. Building permit application fees or any other fees associated with the development of the work (regional, development, etc.) have not been included in this scope of work. 

  5. Architectural administration during the construction stage is not included. (i.e. change notices initiated by the owner or others, construction estimating, etc.). If requested, these will be charged per our hourly rates.

  6. Construction Record Drawings are not included and typically not required.

  7. Fees include for work up to submission for approvals and any necessary corrections to Consultant’s work. Additional fees will apply if further revisions are requested due to municipality or agency review that could not be reasonably foreseen at the time of their preparation. 

Time Allocation

  1. Primary communication will be maintained through email for efficiency, ease of delegation, and for record keeping purposes. Meetings, video-calls and phone calls shall be booked in advance whenever possible. This allows everyone to prepare and assure there is time in schedules to dedicate to productive collaboration. Always feel free to reach out to us by phone but be aware that our days are usually booked and may not be able to return your call for some time.  

  2. Time has been allocated for a reasonable number of minor revisions throughout the concept design phase. We anticipate no more than two revisions to the initial option(s) presented. Additional revisions may result in additional fees. Should this be the case, the Consultant will inform the Client prior to proceeding. Additional revisions will extend the schedule and may not be able to be executed immediately.  

  3. Major changes requested after the design development phase, will be billed in addition to the contract. The Consultant will notify the Client of the potential increase in fees and schedule prior to proceeding. 

  4. No time has been allotted for the following; permit application , tendering to subtrades, review of shop drawings, site review during construction, or coordination with governing authorities (conservation authority, variances, etc.) unless specifically noted otherwise in the proposal. Should additional information be requested outside of the typical building permit application, additional fees may be incurred. Should this be the case, the Consultant will inform the Client prior to proceeding.  

  5. All revisions to the scope of this proposal are subject to schedule modifications at the discretion of management based on workload scheduling already in progress.  

  6. Should a scope change entirely (i.e. Addition changes to a new house or vice versa) and warrant an entirely new proposal; it may be subject to a start-up timeline similar to the current waitlist for new projects. 

Additional Charges

  1. Design fees in addition to the original contract will be charged at the following hourly rates:

    1. Junior Architectural Technologist - $75.00/hr. 

    2. Intermediate Architectural Technologist - $90.00/hr.

    3. Lic. Technologist OAA - $130.00/hr.

  2. Design is limited to part 9 of the Ontario Building Code. Any costs incurred due to the inability to conform to part 9 of the OBC will be billed back to the Client. Typically these costs would be incurred through the requirement for a Structural Engineer, where design cannot conform to Part 9. Should this occur, the Consultant will notify of the potential additional cost prior to proceeding. 

  3. Should a legal survey be requested by the Municipality having jurisdiction, it will be in addition to the fee estimate unless specifically noted as included in the Consultant’s proposal. 

  4. Unless specifically noted in the proposal, HVAC/plumbing design, pre-engineered truss design, pre-engineered joist design, energy modelling and electrical design will be in addition to the fee estimate unless specifically noted as included in the Consultant’s proposal.

  5. In the instance where Jordan Station Design Co Inc. includes consultant fees as part of our estimates it is understood that any fees incurred in addition to the estimates provided by such a consultant, will be directly billed back to the client. Our estimates are based on proposals provided by our consultants at the time of the preparation of this contract and do not account for increases in consultant fees. 

  6. Jordan Station Design Co Inc. maintains a paperless policy. Client requested reimbursable expenses such as printing & photocopying will be charged back to the owner at cost plus 5%.

  7. Beginning January 1st, 2022 Jordan Station Design Co Inc will be billing vehicle mileage at $0.65/km for all project related travel, including but not limited to: site meetings, site review, in person permit applications, etc. 

  8. Beginning January 1st, 2022, Jordan Station Design Co Inc. will be billing administration fees on all sub-consultant fees coordinated by our team that were not included in the original proposal. Administration fees shall be 5%+HST on any additional sub-consultant fees and building permit/municipality fees paid on behalf of the Client.

  9. All application fees paid by Jordan Station Design Co Inc. as directed by the Client shall be paid to Jordan Station Design Co Inc. prior to submission. 

  10. Where these conditions accompany a fee proposal, the proposed fees are valid for 30 days following the date of this proposal unless stated otherwise in the proposal. Commencement of project scheduling begins from the date the proposal is accepted and deposit received.