Compensation for Design Phase Services Clause Samples
The 'Compensation for Design Phase Services' clause defines how and when the design professional will be paid for services rendered during the project's design phase. Typically, this clause outlines the fee structure, such as lump sum, hourly rates, or percentage of construction costs, and may specify payment milestones tied to deliverables like schematic designs or construction documents. Its core function is to ensure both parties have a clear understanding of payment expectations, reducing the risk of disputes over compensation and promoting timely payment for services provided.
Compensation for Design Phase Services. Commented [KB3]: Include GC cost after GMP accepted? Proposed construction GMP not to exceed $7,974,851 (see example)
Compensation for Design Phase Services as part of the Work, shall include Design-Builder’s Fee, paid in proportion to the services performed, subject to adjustment. Prior to commencing design phase services, the Owner and Design-Builder shall agree upon the cost of design services and shall execute appropriate documents to memorialize that price.
Compensation for Design Phase Services as part of the Work, shall include the Design-Builder’s Fee as established in Paragraph 7.3, paid in proportion to the services performed, subject to adjustment as provided in Paragraph 7.4.
Compensation for Design Phase Services as part of the Work, shall include the Design-Builder's Fee as established in the Time and Material Costs, Exhibit No. B, paid in proportion to the services performed, subject to adjustment as provided in Paragraph 7.4.
7.1.4 For changes in Design Phase services, any additional compensation shall be adjusted as indicated in the Project Development Agreement signed by the Design-Builder and Engineer.
7.1.5 Within fifteen (15) days after receipt of each monthly application for payment, the Owner shall give written notice to the Design-Builder of the Owner's acceptance or rejection, in whole or in part, of such application for payment. Within fifteen (15) days after accepting such application, the Owner shall pay directly to the Design-Builder the appropriate amount for which application for payment is made, less amounts previously paid by the Owner. If such application is rejected in whole or in part, the Owner shall indicate the reasons for its rejection. If the Owner and the Design-Builder cannot agree on a revised amount then, within fifteen (15) days after its initial rejection in part of such application, the Owner shall pay directly to the Design-Builder the appropriate amount for those items not rejected by the Owner for which application for payment is made, less amounts previously paid by the Owner. Those items rejected by the Owner shall be due and payable when the reasons for the rejection have been removed.
7.1.6 If the Owner fails to pay the Design-Builder at the time payment of any account becomes due, then the Design-Builder may, at any time thereafter, upon serving written notice that the Work will be stopped within seven (7) days after receipt of the notice by the Owner, and after such seven (7) day period, stop. the Work until payment of the amount owing has been received.
7.1.7 Payments due pursuant to Subparagraph 7.1.5, may bear interest from the date payment is due at the prime rate prevailing at the location of Project.
Compensation for Design Phase Services. 2.2.1. For the Design-Builder’s performance of Design Phase Services, the Owner shall compensate the Design- Builder on a Time and Materials Not-To-Exceed basis as follows: [ ], subject to additions and deductions for changes in the work as provided in the Design-Build Documents. No fee is allowed on Design Phase Services. Compensation for Design Phase Services is included in the Guaranteed Maximum Price.
Compensation for Design Phase Services. District agrees to reimburse DBE in the total amount not to exceed [Amount in Words] Dollars ($[Amount in Numbers]) (“Design Fee”), for the performance of all Design Phase services contemplated under the Contract Documents. DBE shall be paid monthly for the actual fees and allowed costs and expenses for all time and materials required and expended for work requested and specified by the District as completed. Said amount shall be paid within thirty (30) days upon submittal to and verification by the District of a monthly billing statement showing completion of the tasks for that month on a line-item basis. The Design Fee is included in, and not in addition to, the GMP.
