ABSTRACT
The owner-designer agreement is a critical document for the owner because it governs the relationship between the owner and the designer. That is why it is so important that the design agreement be drafted to fully protect the owner's interests. This chapter assumes the project participants are the owner, the designer, and the contractor; and that the owner is relying on its designer for the administration of the construction contract. If the owner has significant in-house project management capacity, or if the owner procures a third party project or construction manager, certain of the provisions may become unnecessary. There are a number of key issues in drafting the designer agreement that can significantly impact the successful completion of the project. These issues can be divided into two groups: issues related to the delivery of the designer's services and issues related to the business deal between the owner and the designer.
