PAYMENT TERMS

The Client shall make payment to Homestead Drafting, LLC for services rendered within thirty (30) days from the date of the invoice. Any unpaid amounts shall incur a 1.5% interest charge per month for every month it remains unpaid. Should payment in full not be received by Homestead Drafting, LLC within this specified timeframe, Homestead Drafting, LLC reserves the right to initiate a suit for collection. In the event that such action becomes necessary, the Client shall be responsible for all fees and costs associated with the collection process, including but not limited to attorney’s fees, court costs, and any other expenses incurred by Homestead Drafting, LLC in the pursuit of recovering the owed amount.

 

If the Client terminates the services of Homestead Drafting, LLC, the Client shall be responsible for all costs, fees, and expenses incurred up to the date of termination. Homestead Drafting, LLC reserves the right to terminate the contract immediately upon notice to the Client in the event of non-payment by the Client of any fees, costs, or expenses due under the contract. Upon such termination, the Client shall be responsible for all costs, fees, and expenses incurred up to the date of termination. Homestead Drafting, LLC shall also retain all rights to any work product, including but not limited to plans, drawings, and specifications, created up to the date of termination. Homestead Drafting, LLC shall have no obligation to deliver any such work product to the Client until all outstanding amounts are paid in full.

 

PHASING

If this project is phased, the allocation of fees requires special consideration. The entire project direction should be determined and designed as a whole at the outset. This means we will proceed with Schematic Design for all parts of the structure. At that point, we will determine the phasing of the various components and only proceed to Design Development for those portions of the current phase (we won’t develop any drawings for work to be included in a future phase).

 

OWNERSHIP OF DOCUMENTS

All documents, drawings, sketches, or other work products produced by Homestead Drafting, LLC, including, but not limited to, plans, sketches, drawings, specifications, digital files, and other materials (collectively, the “Documents”), are and shall remain the property of Homestead Drafting, LLC. The Client is granted a non-exclusive license to use the Documents solely for the purpose of completing the project described in the contract. This license is conditional upon full payment of all fees and expenses due to Homestead Drafting, LLC under the contract. The Documents may not be used by the Client for any other project, nor may they be sold, reproduced, or distributed in any form without the express written consent of Homestead Drafting, LLC. Any unauthorized use of the Documents shall constitute a breach of the contract and shall entitle Homestead Drafting, LLC to seek all appropriate legal and equitable remedies. Client agrees to indemnify and hold harmless Homestead Drafting, LLC against all claims, liabilities, damages, losses, and expenses, including but not limited to attorney’s fees and costs of litigation, arising out of or in any way connected with any unauthorized use of the Documents provided under the contract. This indemnification obligation shall survive the termination or expiration of the contract.

 

LIMITATION OF LIABILITY

Notwithstanding any other provision of the contract, in no event shall Homestead Drafting, LLC be liable to the Client or any third party for any loss of profit, loss of use, loss of revenue, loss of goodwill, any interruption of business, or for indirect, special, incidental, or consequential damages of any kind arising out of or in connection with the contract, regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if Homestead Drafting, LLC has been advised of the possibility of such damages. In no event shall the total liability of Homestead Drafting, LLC to the Client for all damages, losses, and causes of action arising out of or relating to the contract exceed the total compensation actually paid by the Client to Homestead Drafting, LLC under the contract. This limitation of liability is to apply to the fullest extent permitted by law and shall survive the termination or expiration of the contract.

 

DISPUTE RESOLUTION

In the event of a dispute arising out of or in connection with the contract, including but not limited to its interpretation, performance, breach, termination, or validity, the Parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved by negotiation within thirty (30) days, the Parties agree to submit the dispute to mediation before a mutually agreed-upon mediator. The mediation shall take place in Red Bud, Illinois, or another location mutually agreed upon by the Parties. Each Party shall bear its own costs in connection with the mediation, and the Parties shall equally share the fees of the mediator.

 

If the dispute is not resolved through mediation within sixty (60) days after it is referred to the mediator, or within such longer period as the Parties may agree in writing, the dispute shall then be resolved by binding arbitration administered by the American Arbitration Association under its Construction Arbitration Rules. The arbitration shall be conducted in Red Bud, Illinois, or another location mutually agreed upon by the Parties. The arbitration shall be conducted by one arbitrator mutually agreed upon by the Parties, or if no agreement can be reached, then by an arbitrator appointed by the American Arbitration Association. The decision of the arbitrator shall be final and binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.

 

The Parties agree that the mediation and arbitration process provided for in the contract shall be the sole and exclusive method for resolving disputes arising out of or related to the contract, to the exclusion of any and all other legal or equitable remedies.

 

This Dispute Resolution provision shall survive the termination or expiration of the contract.

 

Disclaimer: Neither Homestead Drafting, LLC nor Dylan Taylor are licensed as professional registered architects or engineers, and they are not offering or performing professional architect or architecture services, professional engineering or structural engineering services. There are exemptions from the Architecture Practice Act which allow unregistered draftsmen to prepare documents for detached single family homes on a single lot, wood-framed, two-family homes on a single lot not more than two stories and basement in height, and interior design services that do not involve life safety or structural changes. Client understands this distinction, and the status of Homestead Drafting and Dylan Taylor, and is not and will not require them to perform any services that would require licensure as a professional registered architect. If registered professional design services are required, Client will procure those services from a properly registered professional.