Terms of Service

  1. "Construction documents" and/or "CD" and/or "CDs" are the documents produced by DA and/or engineers. The architectural drawings may be referred to as architectural "CD" or "CDs" or "Construction documents".
  2. "Architect", "Digital architecture", "Digital architecture llc", "DA" are synonymous and are defined as the entity(ies) responsible for creating drawings for the subject property and each set of architectural construction documents (of which these notes are a part), plus any physically and/or electronically written communications issued by the same entity(ies). Architect is generally the entity that obtains entitlement(s) and the construction permit(s)
  3. "Contractor" and/or, "General contractor" and/or "G.C." and/or "GC" - are defined as the entity primarily responsible for the construction of the structure, receiving the permit set and passing all construction inspections, including the final inspections, keeping satisfied the inspectors, the owner, the tenant and DA all of which would result in certificate(s) of occupancy.
  4. DA's CDs are the governing documents for the subject project. In the event of any conflict or discrepancies, between DA's CDs and any other documents and/or site conditions and/or instructions by any other authority, GC must contact DA and obtain a written clarification and permission to move forward. The GC may not, without the written approval of DA, provide any solutions. No solutions other than the one(s) obtained from DA by the GC in writing may be applied to the construction process unless DA has been released by all parties with full indemnification in favor of DA and without any additional financial obligations to DA and/or any legal entanglement for DA and/or any penalties assessed against DA temporarily and/or in perpetuity, as DA does not carry errors and omissions insurance or any other type of insurance to protect any entity against loss or damage. The responsibility of all possible coverages as offered by enforceable insurance policies to protect the interests of all claimants, both in the present an/or future is hereby placed away from DA and placed on the owner and/or the GC.
  5. Prior to commencement of any efforts based on DA's plans and/or expenditure of any related resources, including but not limited to, financial, intellectual, and physical resources, toward construction according to these CDs, the owner, the tenant, the GC and all parties responsible to the owner and/or GC, acknowledge that they have reviewed and have understood and have agreed to the contents of these construction documents including these general notes to their full satisfaction. The four aforementioned entities also represent that they are qualified to perform their responsibilities as defined and/or eluded to and/or referred to by these architectural CDs. The intent of the CDs and specifications contained herein or referenced thereto, is to give some flexibility to the GC only if the GC obtains written approval from DA for any deviations for any reason what-so-ever, from these CDs if the solutions are sound and they offer meaningful savings in resources.
  6. Furthermore, these CDs are intended to have the GC include cost of all labor, materials, and services necessary for completion of all work shown, prescribed and/or reasonably implied but not limited to that which has been explicitly indicated in these CDs symbolically.
  7. The owner and the GC and all parties responsible to the GC shall conduct their operations according to the most restrictive job site, local, regional, state and federal codes, regulations, laws, requirements and guidelines that apply to this project by any and all authorities that have jurisdiction over the project and for the benefit of those who have a claim and/or interest in and/or against the project, in order to provide a fully compliant, well-constructed, insurable structure(s) and/or infrastructure(s) while providing a safe work environment protecting the public and all persons who visit the job site plus all properties that can be impacted by any aspect of the property improvement-related activities starting from the earliest stages to the last.
  8. The contractor agrees to assume sole and complete responsibility for jobsite safety conditions whereas this requirement shall apply continuously to the end of construction and not be limited to regular working hours during the course-of-construction.
  9. The GC and all subcontractors shall verify all existing dimensions and conditions of the project prior to commencement of any efforts. Any discrepancies or unidentified conditions shall be reported in a timely manner to DA in writing for the purpose of obtaining a written next step(s) and/or solution(s). DA will respond as soon as possible.
  10. All engineering drawings and all other communications regarding construction are supplemental to DA's CDs. A written approval issued by DA is the only form of approval for any changes. All rfi's have to be presented to DA for a written response for which DA shall be compensated by the owner at DA's customary hourly rate. Reasonable time shall be required by DA to provide response to rfi's. At times, key individuals who can provide the requested response may not be available thus extending the response time.
  11. Install 10" protection panel at the bottom of doors and full height windows where ada access is provided unless another code compliant solution can be applied or exists which would save the project time and/or expense.
  12. All exit doors must open over a landing not more than 1/2" below threshold or per the local building codes if such code exists.
  13. Where restrooms are provided, mechanical ventilation shall be provided to ensure an air change of less than five minutes per each cycle, or per current mechanical codes if such codes exist.
  14. Provide fire protection per all code requirements of the applicable governing agencies.
  15. Where required by code, corridors shall be of one-hour construction throughout with particular attention to installation of appropriate doors and glass in such corridors.
  16. Dimensions, details, notes and/or symbols that apply to one unit, apply to all units in similar situations, unless noted otherwise.
  17. GC shall remain responsible for all subcontractors hired by the GC.
  18. Architect's written dimensions on the architectural CDs are the only acceptable dimensions on this project. Do not scale drawings. GC to verify and be accurate about understanding the written dimensions as some dimensions are to the center line of columns, others may be to the centerline of walls, face of concrete, face of stud et cetera. Do not assume anything. Verify everything that is even slightly unclear. Ask DA questions when unclear about anything. Applying a solution that is not on the architectural CDs without the written approval of DA completely indemnifies DA from any and all legal and financial obligations by the GC, without any exceptions at the expense of the GC.
  19. The structure(s) depicted on these drawings and/or architectural CDs are designed as a stable structure after all components are in place according to the prevailing codes. GC shall provide all shoring, support, protection and bracing necessary to ensure the stability of any and all parts of the building during construction that relies on properly constructed infrastructure.
  20. Unless specifically shown on drawings or noted on drawings, no structural members and/or elements shall be cut, notched, bored or otherwise modified in any manner what-so-ever without the written permission of DA.
  21. Any accidental and/or unplanned and/or ill-advised modifications to existing structure(s) and/or infrastructure(s) resulting from GC's activities and/or scope of another entity's work shall be reported by the GC to DA upon discovery by any entity, along with remediation estimate of costs or anticipation of savings, prior to construction, for architect's approval.
  22. Whether or not detailed on CDs, the GC shall provide and install sufficient and satisfactory stiffeners, bracing, backing and supporting brackets et cetera required for the installation of all casework, hand rails, wall-mounted or suspended items including but not limited to mechanical, electrical, electronic, plumbing, ada safety related structures and all owner and/or tenant supplied items during the course-of-construction.
  23. The contractor shall be responsible for obtaining construction related approvals and permits for any and all activities on this project, which may or may not include design-build systems, unless already procured by DA or by written contract such approvals and permits are to be obtained by others.
  24. GC shall be responsible for all systems, installations, construction methods, labor, materials and supplies in order to meet applicable codes and requirements for final inspection(s) according to the latest and most restrictive governmental requirements.
  25. The GC is responsible for verifying the following: locations, adequacy, capacity, and appropriateness of all required infrastructure and utilities. GC shall avoid conflicts between existing and new underground, above ground, visible and not visible utilities and infrastructure prior to construction.
  26. Wherever an article, device, component, or a piece of equipment is shown, indicated or is referenced in CDs and/or is referenced in other communications by DA, such references shall apply to all such articles, devices, et cetera, to properly complete the installation(s) and/or construction.
  27. The GC may not build anything that the GC knows to be wrong or inappropriate and/or inaccurate and/or disadvantageous to the building and/or the owner and/or to the tenant(s) even if the CDs or das instructions, instruct GC to build such things. GC must present a clear case in writing to DA demonstrating the incorrectness and/or inappropriateness of that which the GC believes is not appropriate to build and protects the interests and resources of the owner the occupants and/or DA.
  28. If the owner and/or the GC do not agree to the entire text of these notes and the drawings of the subject project and/or all they reference, the owner and the GC must resolve with DA that with which they disagree, in advance of any construction, or refrain from using these CDs to build from while granting DA all-encompassing indemnification without any negative financial and/or legal consequences to DA. No other options are acceptable.
  29. All project related communications by all entities to DA shall include email with proof of transmission sent to DA's email of record. Other methods of communication without an email counterpart are not acceptable.
  30. In the event any term, condition or other provisions of this agreement or any part of any drawings is found void, voidable or unenforceable for any reason by any authority having jurisdiction over the project or DA, such term, conditions or provision shall be deemed severed from the remainder of this agreement and all other term, conditions, and provisions hereof shall remain in full force and effect.
  31. GC agrees to not change any existing conditions in a manner that will cause such existing conditions to be out of compliance with applicable codes.
  32. GC shall be responsible for obtaining satisfactory inspections during the course-of-construction leading to the obtaining of the final approval from inspector(s) for the ultimate purpose of obtaining a certificate of occupancy, all in a timely manner. Building inspectors' requirements and directions supersede the authorities of both DA, engineers and plan checkers. GC to obtain and maintain the satisfaction of the inspectors while holding DA completely harmless of any and all legal and financial consequences at GC's expense.
  33. Where new mechanical equipment is/are specified, provide a platform, screening, and support. Such provisions shall be both to code and shall meet existing site conditions to the satisfaction of the owner and any governing entity(ies).
  34. GC shall provide owner with a satisfactory warrantee for all penetrations and changes to existing structures and existing site conditions.
  35. GC shall coordinate the construction scope with the owner, and if permitted by the owner, then also with the tenant and/or with any vendors of the tenant and/or with any tenant provided equipment and furnishings suppliers/installers. This is to provide assurance of an excellent quality workmanship by all involved under the supervision of the GC. In other words, GC has the authority over all aforementioned third parties' delivery, installation, and workmanship and furthermore, GC has the authority to direct the third parties if GC has any reason to believe the third party entities must exercise more care to not disrupt GC's workmanship or schedule and/or not damage existing building elements and structures to the dissatisfaction of the GC unless prohibited by written agreement.
  36. The owner and the GC agree to indemnify, defend, and hold harmless in perpetuity DA and the architectural firm's principals, employees, agents, and consultants against any and all lawsuits, liabilities, penalties and/or expenses, real and/or alleged in connection with the performance of any and all work and/or events related to this project by DA at the owner's and the GC's sole expense. In the event of any action, legal or otherwise, where any DA related person(s) is/are required to present itself or any other person or entity related to the project which has cooperated with DA or to provide materials and evidence where such effort is beyond the originally written scope of DA’s agreement with owner, tenant or the GC, then the owner and/or the GC agree to compensate DA at its customary hourly rate $350 for any time spent by any DA representative on such matters, including but not limited to legal and/or professional activities in a manner acceptable to DA including all related expenses and costs awards and judgments.
  37. These CDs are protected by copyright laws in favor of DA as by law they are the intellectual property(ies) of DA. An architect's work is theoretical. The GC and the owners if permitted by DA through acceptable compensation to DA, may use DA's intellectual property to create a real structure and enhance a real property. DA's work is checked by governmental authorities for inconsistencies including but not limited to safety. Then the derivative of DA work, the constructed structure(s) are built by a professional, licensed, experienced GC who is chosen by the owner. The structure is then incrementally inspected by a building official at every critical stage for proper compliance.
  38. These notes are a binding contract between DA and the owner and the GC as they are written. DA's services are offered for full compensation via a written contract. If any part of the drawings created by DA are used, referenced or derivatives of which are created, such acts constitute the full agreement of the owner and the GC utilizing these intellectual properties of DA, to the entire text of these notes and the drawings created by DA. For purposes of interpretation, DA and owner and GC shall be deemed to have jointly and equally drafted this agreement.
  39. DA will provide construction administration, field supervision, responses to rfi's and construction contract administration only if an explicit written and contract for such services has been executed between DA and a party of authority related to this project, otherwise all such services are excluded.
  40. This set of drawings or any part thereof may be released for use, reference and/or construction only by DA and by no other entity what-so-ever as the CDs are and shall remain the sole property of DA. Once DA at its sole discretion releases any drawings, the owner, the tenant and the G.C. Collectively and severally agree to indemnify, hold harmless and defend at their expense, DA and its consultants in all manners, all respects and under all conditions related to this project, otherwise the permission by DA to use this set of cd for construction and/or for reference is completely and immediately revoked. Duplication of this set of drawings in any manner and reference to its copies are strictly forbidden without the consent of DA as this set of drawings constitutes an intellectual property of DA even though it may contain information obtained from other sources. This set of cd is copyrighted by DA. The physical and/or the digital copies of architect's intellectual property may appear on media that has been paid for by other. The owners of such media agree to release to DA all rights including ownership rights and claims to the media that DA's drawings or any portion thereof may reside on, in perpetuity. If DA requires that its intellectual property be removed from digital media that is controlled and/or owned by others then the owners of the media agree to effectively and permanently remove das intellectual property (as well as any facsimile(s) and/or derivative(s) thereof) from such media and/or the portion of the media permanently and regain the ownership of that media without the possibilities of restoring the erased data in any manner what-so-ever. The subject drawings and specifications may be used to construct only one time the structure(s) as specified by the subject CDs, at the location disclosed to DA at the time of execution of a contract between the owner and DA.
  41. Reimbursable expenses - DA shall be reimbursed for all out of pocket expenses incurred in reproduction of drawings and/or specifications, postage, and all art work, models, renderings and animation requested, required or necessitated as a result of DA's involvement with the project. Furthermore, DA and owner intend this to be a part of a fully integrated agreement along with the contract executed between DA and the owner. DA and owner acknowledge that neither party has made or relied upon any representation or promise not expressly contained herein. No amendment or modification of this agreement shall be enforceable unless reduced to a writing signed by both DA and owner.
  42. Your use of Digital Architecture services and information signifies your acceptance of all provisions of this Terms of Service document.