38 reasons you need to use a design contract (agreement)

Most designers don’t realise that there can be significant risk associated with working with clients.

After all this is their largest financial asset (their home) and if something goes wrong, they will likely be very unhappy.

A contract (design agreement) is there to protect you and your business if things go wrong during a design project.

Here are 38 reasons why you MUST have one (that you haven’t DIY-ed yourself)...

1. Protects your business, sets clear boundaries and expectations, protects your interests, outlines who is responsible for what

2. Prevents scope creep by clearly outlining what is and isn't included in your services

3. Makes sure you get paid on time and in full for your work

4. Sets clear deadlines for both you and the client, keeping the project on track

5. Defines how mid project changes will be handled and billed

6. Protects you if legal disputes, claims or lawsuits arise

7. Outlines what happens if either party needs or wants to terminate the agreement

8. Specifies who owns the designs and other intellectual property

9. Reduces the risk of miscommunication by putting everything in writing

10. Shows clients you're serious about your business and their assets/project

11. Outlines how disagreements will be resolved, potentially avoiding costly legal battles

12. Specifies how delays in material or furniture delivery will be handled

13. Outlines what you need from the client to complete the project successfully

14. Establishes how and when client approvals will be obtained

15. Clarifies your role in the project

16. Protects your client's sensitive information

17. Sets expectations for how and when you'll communicate with the client

18. Outlines what happens in case of unexpected events

19. Clarifies when the project is considered complete and how final sign off occurs

20. Specifies any guarantees on your work or procured items

21. Outlines how requests for work beyond the original scope will be handled

22. Helps prevent misunderstandings that could lead to negative reviews

23. Protects you from unreasonable client demands or expectations

24. Gives you a solid foundation for legal action (if needed)

25. Helps break down large projects into manageable phases with specific deliverables

26. Prevents disputes over the quality of materials used in the project

27. Clarifies what the client needs to provide or do to keep the project on track

28. Prevents clients from expecting 24/7 availability or work outside normal business hours

29. Outlines how unexpected issues with their property will be handled and who is responsible

30. Clarifies what insurance coverage is needed and who is responsible for obtaining it

31. Defines how changes to the original plan will be proposed, approved and billed

32. Specifies what documents (drawings, receipts, etc.) will be provided to the client

33. Clarifies who will obtain necessary permits and handle inspections

34. Outlines how delays caused by either party will be handled and any associated penalties

35. Specifies steps to resolve disagreements before resorting to legal action

36. Outlines how items provided by the client will be incorporated and any associated limitations

37. Establishes safety standards for the work site and responsibilities for maintaining them

38. Outlines how and when the client will review and approve design elements, preventing last minute changes

Get a good lawyer to put together a solid design contract. Don’t DIY your legal work!

You’ll thank me if you ever need to rely on it in a legal dispute.

Thanks for reading and catch you in my next post :)

Clare x

Dr Clare Le Roy