TERMS AND CONDITIONS
This file was last updated on June 4, 2025.
Frank Fuentes
Fuentes Architecture
2805 E. Oakland Park Blvd, Suite 172,
Ft. Lauderdale, FL 33306
frank@fuentesarchitecture.com
By selecting and submitting payment for one (or more) Architectural Drawing(s) listed in the “A La Carte Architectural Drawing Fee Schedule” on FuentesArchitecture.com, you hereby agree to these Terms and Conditions (herein referred to as “Terms and Conditions”). These Terms and Conditions apply to all Design Packages listed on FuentesArchitecture.com unless otherwise stated by Fuentes Architecture (herein referred to as “Firm”). These Terms and Conditions are subject to modification by Fuentes Architecture. These Terms and Conditions shall supersede and replace any and all prior agreements, promises and understandings, oral or written, between the Firm (Fuentes Architecture) and you the Client regarding the Architectural Services covered hereby. Project shall be located in the State of Florida. The following Terms and Conditions apply:
A LA CARTE ARCHITECTURAL DRAWING:
1.0 “A LA CARTE ARCHITECTURAL DRAWING” BASIC SERVICES
The proposed Scope of Work as for the “A LA CARTE ARCHITECTURAL DRAWING” is as follows:
A. The Project shall commence once the Client selects the online “A LA CARTE ARCHITECTURAL DRAWING”, signs online indicating their agreement to the Terms and Conditions listed herein, and pays for the package online, in full.
B. At the time of Project Commencement, the Client shall Provide Microfiche, or Microfilm, or Digital Architectural Building Plan Records, or a Sketch with clear and legible dimensions indicating the Existing Conditions of the Current Layout.
a. Should the Client fail to provide accurate and valid measurements, the Firm shall charge an Additional Service amounting to Two Hundred Dollars and no cents ($200.00) when attempting to request files from the Building Department. Should the Firm be required to measure the Existing Kitchen space to document Existing Conditions, this shall constitute an additional service amounting to Two Hundred Dollars and no cents ($200.00) per hour.
C. These terms assume a maximum Scope Work Area of 2,000 gross square feet.
D. “New Site Plan (for 1-2 Story House Only)” assumes Client provides valid Boundary Survey and sketch as to how they’d like the New 1-Story or 2-Story House to be situated. This site plan can include a new fence design at no additional cost. Client shall supply architect with sketch as to how they’d like for the new fence to be designed.
a. Firm assumes architectural drawing to be represented at 1/8" = 1’-0” scale.
E. “New Site Plan with Pool (for 1-2 Story House Only” assumes Client provides valid Boundary Survey and sketch as to how they’d like the New 1-Story or 2-Story House to be situated. This site plan can include a new fence design at no additional cost. Client shall supply architect with sketch as to how they’d like for the new fence to be designed.
a. Firm assumes architectural drawing to be represented at 1/8" = 1’-0” scale.
F. “New Construction 1st Level Floor Plan (for House Only)” assumes Client provides sketch as to how they’d like the New 1-Story to be designed. Client shall inform Firm how many bedrooms and bathrooms they would like. Design assumes inclusion of a kitchen area, living area, dining area, bedrooms, and bathrooms.
a. Proposed Design assumes exterior 8”(w) CMU load bearing wall with a concrete tie beam 8”(w)x1’-6”(d) with steel reinforcement (four (4) #5 bars, 2 designed near top of tie beam and 2 designed near bottom of tie beam), smooth stucco exterior finish, paint selection by client, interior non load bearing partitions (if applicable), pre-engineered roof trusses with a valid Notice of Approval/NOA roof product.
b. Firm assumes architectural drawing to be represented at 1/4" = 1’-0” scale.
G. “New Construction 2nd Level Floor Plan (for House Only)” assumes Client provides sketch as to how they’d like the New 1-Story to be designed. Client shall inform Firm how many bedrooms and bathrooms they would like. Design assumes inclusion of a kitchen area, living area, dining area, bedrooms, and bathrooms. Client shall inform Firm as to where they’d prefer the staircase to be designed.
a. Proposed Design assumes exterior 8”(w) CMU load bearing wall with a concrete tie beam 8”(w)x1’-6”(d) with steel reinforcement (four (4) #5 bars, 2 designed near top of tie beam and 2 designed near bottom of tie beam), smooth stucco exterior finish, paint selection by client, interior non load bearing partitions (if applicable), pre-engineered roof trusses with a valid Notice of Approval/NOA roof product.
b. Firm assumes architectural drawing to be represented at 1/4" = 1’-0” scale.
H. “New Addition 1st Level Floor Plan (for House Only)” assumes Client provides sketch as to how they’d like the New 1-Story to be designed. Client shall inform Firm how many bedrooms and bathrooms they would like. Design assumes inclusion of a kitchen area, living area, dining area, bedrooms, and bathrooms.
a. Proposed Design assumes exterior 8”(w) CMU load bearing wall with a concrete tie beam 8”(w)x1’-6”(d) with steel reinforcement (four (4) #5 bars, 2 designed near top of tie beam and 2 designed near bottom of tie beam), smooth stucco exterior finish, paint selection by client, interior non load bearing partitions (if applicable), pre-engineered roof trusses with a valid Notice of Approval/NOA roof product.
b. Firm assumes architectural drawing to be represented at 1/4" = 1’-0” scale.
I. “New Addition 2nd Level Floor Plan (for House Only)” assumes Client provides sketch as to how they’d like the New 1-Story to be designed. Client shall inform Firm how many bedrooms and bathrooms they would like. Design assumes inclusion of a kitchen area, living area, dining area, bedrooms, and bathrooms. Client shall inform Firm as to where they’d prefer the staircase to be designed.
a. Proposed Design assumes exterior 8”(w) CMU load bearing wall with a concrete tie beam 8”(w)x1’-6”(d) with steel reinforcement (four (4) #5 bars, 2 designed near top of tie beam and 2 designed near bottom of tie beam), smooth stucco exterior finish, paint selection by client, interior non load bearing partitions (if applicable), pre-engineered roof trusses with a valid Notice of Approval/NOA roof product.
b. Firm assumes architectural drawing to be represented at 1/4" = 1’-0” scale.
J. “4 Exterior Elevations (for House Only)” assumes Client provides sketch as to the exterior finishes they’d like implemented and roof design (either existing or new roof design including roof material and roof slope).
a. Proposed Design assumes exterior 8”(w) CMU load bearing wall with a concrete tie beam 8”(w)x1’-6”(d) with steel reinforcement (four (4) #5 bars, 2 designed near top of tie beam and 2 designed near bottom of tie beam), smooth stucco exterior finish, paint selection by client, interior non load bearing partitions (if applicable), pre-engineered roof trusses with a valid Notice of Approval/NOA roof product.
b. Firm assumes architectural drawing to be represented at 1/4" = 1’-0” scale.
K. “New Roof Plan (for House Only)” assumes Client provides sketch as to the new roof design including roof material and preferred roof slope.
a. Proposed Design assumes pre-engineered roof trusses with a valid Notice of Approval/NOA roof product.
b. Firm assumes architectural drawing to be represented at 1/4" = 1’-0” scale.
L. Client may select one or more drawings for a singular project. Bundled drawings apply to a singular building on a singular property.
M. Client is entitled to select a Design Package listed on FuentesArchitecture.com if the “A La Carte Architectural Drawings” do not fully meet the Client’s design request. Refer to the respective Design Package for Terms and Conditions.
N. Manually or Digitally Signed and Sealed Drawings require an additional fee of $195.00 per drawing sheet.
O. Client agrees and understands “A La Carte Architectural Drawings” do not represent a fully coordinated architectural design set. Client’s selection of one or more drawing(s) does not entitle them to a full design coordination effort by the Firm and/or Architect.
2.0 “A LA CARTE ARCHITECTURAL DRAWING” WORKING DRAWINGS
Any further adjustments in the scope or quality of the Project, or in the Construction Budget authorized by the Client shall be subject to additional services. The Architect shall prepare, for approval of the Client, Construction Documents consisting of Drawings and Specification setting forth in detail the requirements for the Construction of the Project.
Included in this proposal, the Architect shall assist the Client in Connection with the Client’s responsibility for filing documents required for the approval of all governmental authorities having jurisdiction over the Project.
3.0 EXCLUSIONS TO “A LA CARTE ARCHITECTURAL DRAWING BASIC SERVICES”:
3.1 The Client shall provide the following information or services as requested of the work. Should the Firm be required to provide services in obtaining the information or coordination and compilation of the information needed to complete the Architect’s Services as described in Section 3.2 of this Proposal, such services shall be charged as “Additional Services.” Fuentes Architecture assumes the Client and/or Client Representative supplied information is current, valid, and accurate. Any time spent using incorrect or outdated information provided by the Client or Client Representative will be considered as “Additional Services” to the Architect’s Agreement. The Firm shall be compensated on an Hourly Basis for “Additional Services'' at a rate of two hundred fifty dollars ($250.00) per hour.
3.2 The following items are NOT included in the Basic Services:
Topography, Boundary surveys, and Legal Description of property.
Phone call meetings.
In Person or Digital (i.e. “Zoom”, “Microsoft Teams”, etc.) Meetings
Interior Design Services, Finishes, Selections and Interior Design Detailing, or Meetings with Client, Client Representative, or Client and/or Client Representative Provided Interior Designer.
Changes to Architect’s and Engineer’s Drawings due to Changes by Client, Client Representative, General Contractor or Interior Designer after Approvals and Sign-Off of the Plans by Client, Client Representative or due to Value Engineering Changes.
Construction Administration Phase.
Environmental Asbestos Report, if required by the Authority having jurisdiction.
Application Fees, Plan Review Fees, Impact Fees, and other Submission Fees by all authorities having jurisdiction on the Project.
Mechanical, Electrical, Plumbing, Structural, and/or Civil Engineering Services.
Landscape Architectural Services.
Fire Protection Design Services (“Sprinkler” Design)
L. “Special or Structural Threshold Inspector” services.
Building Permit Expediting and Processing.
Other items not specifically listed in this document.
4.0 “A LA CARTE ARCHITECTURAL DRAWING” CONSTRUCTION PHASE ADMINISTRATION
4.1 Architectural/Engineering As-Builts or revisions to the Architectural/Engineering Drawings due to changes made on the job different than the Approved Permitted Architect’s Plans are NOT included as Part of the Architect’s Basic Services, and shall be provided as “Additional Services'' on an hourly basis. Basic in-house Construction Administration Services such as Shop Drawing Review and Responses to RFI’s are NOT included as Part of the Basic Services and the Architect shall be compensated on an Hourly Basis. The Principal’s time at a fixed rate of two hundred fifty dollars ($250.00) per hour. For the purposes of this agreement, the Principal is Frank Fuentes and/or Engineering Principals. The Firm shall be compensated on an Hourly Basis for “Additional Services'' at a rate of two hundred fifty dollars ($250.00) per hour.
5.0 “A LA CARTE ARCHITECTURAL DRAWING” CLIENT AND CLIENT REPRESENTATIVE RESPONSIBILITIES
5.1 The Client shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.
5.2 The Client shall compensate the Firm as per the Payment Schedule in Section 6.0 (“A LA CARTE ARCHITECTURAL DRAWING” BASIS FOR COMPENSATION / PAYMENT SCHEDULE).
5.3 The Client shall provide full information when requested in writing via email, regarding requirements for the project, including a program, which shall set forth the Client’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Client shall provide a sketch of the proposed floor plan. Failure by the Client to not provide a sketch to the Firm prior to commencing the project shall stall result in the project being considered for immediate project suspension until a sketch is provided to the Firm.
5.4 If required by the Authority having jurisdiction, the Client shall furnish complete updated survey(s) of the Property, with all the required information, including (but not limited to) Boundary, Topography, Crown of the Road, etc. The Architect shall be entitled to rely upon the accuracy and completeness thereof.
5.5 If required by the Authority having jurisdiction, the Client shall furnish an Environmental Report with an Asbestos Report.
6.0 “A LA CARTE ARCHITECTURAL DRAWING” BASIS FOR COMPENSATION / PAYMENT SCHEDULE
6.1 The Client shall compensate Fuentes Architecture, LLC for the scope of the Architect’s Basic Services at a lump sum fee as listed on the Fee Schedule below:
New Site Plan (for 1-2 Story House Only)……………………………….…..…….……….……..$675.00
New Site Plan with Pool(for 1-2 Story House Only)…………………………..…….…………….$775.00
New Construction 1st Level Floor Plan (for House Only)……………….………………..………$550.00
New Construction 2nd Level Floor Plan (for House Only).………………………….……………$450.00
New Addition 1st Level Floor Plan (for House Only)…….……………………..………….……..$550.00
New Addition 2nd Level Floor Plan (for House Only)….………………………….……………...$450.00
4 Exterior Elevations (for House Only)………………………………….…….…………………..$750.00
New Roof Plan (for House Only)……………………….………...………………………………..$175.00
6.2 The Initial payment shall be due upfront to commence Project.
6.3 The Second payment in the amount of Zero dollars and no cents ($0.00) plus all Reimbursable Expenses (i.e., hardcopy Blueprints/Prints) at-cost plus a 20% administrative fee shall be due at 90% Completion of Working Drawings prior to the Submission of Drawings to the Building Department.
6.4 Additional Service Fees shall be invoiced and issued to the Client by the end of the month. The Client shall compensate Fuentes Architecture, LLC NET 10.
6.5 The Preparation of Working Drawings will take a minimum of One (1) Week from time of receipt of initial payment and agreement to these Terms. Should the Client make any changes during the preparation of Working Drawings, the completion time will be adjusted accordingly.
7.0 “A LA CARTE ARCHITECTURAL DRAWING” OTHER CONDITIONS
7.1 All statements regarding professional services rendered by the Architect include compliance with the regulations, ordinances and procedures of appropriate regulatory public agencies in force on the date of execution of this Agreement.
7.2 Deliverable(s) including Drawings, Specifications and Reports as instruments of service are and shall remain the property of the Firm regardless if the project for which they are made is executed or not. The instruments of service shall NOT be used by the Client on other projects or extensions to this project except by agreement in writing with the Firm and with agreed compensation to the Firm.
7.3 Changes during critical stages of the design process necessitating major revisions or duplication of work already performed will create additional cost burden, which cannot be absorbed by the Firm under the original compensation amount. The Architect will review the effect of such changes on the work in progress, and issue an Additional Service for additional design and/or design coordination as applicable to the project.
7.4 Compensation rates are based on ordinances, regulations and procedures in force by the appropriate governing bodies having jurisdiction over the project on the execution date of this Agreement. Any significant modification of said ordinances, regulations or procedures shall be the basis for additional compensation due the Architect for changes in the work involved.
7.5 Limitation of Liability: Neither the Firm, the Architect, Architect’s Consultants, nor their agents or employees shall be jointly, severally, or individually liable to the Client in excess of the compensation to be paid pursuant to this Agreement or Twenty-Five Thousand Dollars and no cents ($25,000), whichever is greater by any reason of any act or omission including breach of contract or negligence not amounting to a willful or intentional wrong. Fuentes Architecture, LLC shall not be responsible for missing/erroneous information provided or not provided to Fuentes Architecture, LLC by the Client, Client Representative, or Client provided Consultant and/or Sub-Consultant(s).
7.5.1 For projects containing demolition scope of work to any capacity or work to existing building(s), Client understands and agrees it is unreasonable to expect the Firm and/or the Architect, Firm’s Consultant(s) to predict unforeseen circumstances and/or unforeseen conditions. The Client also agrees the Firm and/or the Architect shall not be liable to the Client or any third party for any deficiencies in the existing building as it relates to the project (including work completed by the Client or a previous Owner or Tenant with or without a building permit, unsafe structures, etc.).
7.6 The Architect and Client waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.
7.6.1 The Client agrees it is the responsibility of the client to obtain all necessary permits and approvals required by the relevant Authorities Having Jurisdiction. Fuentes Architecture shall not be held liable or responsible for any work performed or consequences arising from work done without the appropriate permits or approvals. The Client agrees to ensure compliance with all applicable building codes, regulations, and permits throughout the project duration. Any costs, fines, or penalties incurred as a result of non-compliance shall be the sole responsibility of the client.
7.7 The Client agrees to indemnify and hold harmless the Firm, and Architect, and waive all rights against the Architect and the Firm’s Sub-Consultant(s). This includes (but is not limited to) waiving all rights against the Architect and the Architect’s Sub-Consultant(s) for damages caused by fire (or other causes of loss), to the extent that those losses are covered by property insurance as required by this Agreement (or other property insurance that applies to the Project).
7.7.1 The Client agrees to indemnify and hold harmless the Firm, and Architect, and waive all rights against the Firm, Architect, and the Firm’s Sub-Consultant(s) from any and all claims, damages, liabilities, losses, and expenses, including reasonable attorney’s fees and costs, arising from:
(a) any alleged or actual infringement, violation, or misappropriation of any copyright, patent, trademark, trade secret, or other rights related to Client’s use of Firm’s Deliverable(s).
(b) any negligence or willful misconduct by the Firm.
(c) any damages, losses, disputes, or liabilities arising out of errors or omissions under this Agreement.
7.7.2 Exclusion of Certain Types of Damages: To the maximum extent permitted under applicable law, in no event will Fuentes Architecture be liable to the Client for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill, or other similar losses or expenses that arise out of or relate to the use of or inability to use the Deliverable(s)
7.7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT FUENTES ARCHITECTURE BE LIABLE TO THE CLIENT FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF FUENTES ARCHITECTURE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT FROM EMAIL CORRESPONDENCE, TEXT MESSAGE CORRESPONDENCE, DELIVERABLE(S) (INCLUDING FIRM PROVIDED DRAWINGS).
7.7.4 Fuentes Architecture reserves its rights under the Agreement for equitable adjustment to cost and/or schedule for any future unknown impacts resulting from the owner requested design changes. Meetings are subject to an additional service cost at the hourly rate listed in section 4.1.
7.7.5 This agreement does not contain any warranties or guarantees.
7.7.6 Fuentes Architecture shall own, upon creation, any and all such Deliverables (including without limitation, the copyrights, trademarks, trade secrets, patents, and moral rights contained herein).
7.7.6 Neither party shall be held responsible for delays or nonperformance caused by activities or factors beyond its reasonable control, including but not limited to Acts of God, natural disasters, government actions, labor disputes, disruptions in telecommunications and/or internet services.
7.7.8 This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved by way of Mediation first. If the results from Mediation are not satisfactory to both parties, then the dispute shall proceed to Arbitration before the American Arbitration Association. Before initiating arbitration, the Parties agree to attempt to resolve disputes through good-faith mediation, facilitated by a mutually agreed-upon mediator, within thirty (30) days of a written request for mediation.
7.7.9 This agreement, including any attachments or exhibits hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof. This Agreement may only be amended or modified by a written instrument signed by authorized representatives of both Parties. In the event of a conflict between the terms of this Agreement and any attachment hereto, the terms of this Agreement shall control unless explicitly stated otherwise in the attachment.
7.8 Severability. Should any provision(s) of this Agreement be held by a court of law to be invalid, illegal, or unenforceable, the legality, the validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. Those provisions shall continue in full force and effect.
7.8.1 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. A waiver shall only be valid if it is in writing and signed by an authorized representative of the waiving party.
7.8.2 Assignment. The Client may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Firm.
7.8.3 No refunds.
7.9 PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT’S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL SHALL BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT.
8.0 SUSPENSION OR TERMINATION
8.1 The Client shall make payments to the Firm according to the above Payment Schedule. Failure by the owner to submit on-time payments shall be considered substantial nonperformance and cause for termination or cause for suspension of performance of services under this Agreement at the Architect’s option. If the Firm elects to suspend services, the Firm shall give one day’s written notice to the Client before suspending services. If services are suspended, the Architect shall have no liability to the Client for delay or damage caused to the Client because of such suspension of services. Before resuming services, the Client shall pay the Firm all sums due prior to suspension and any expenses incurred during the time of interruption and resuming of the Architect’s services. The Firm’s fees for the remaining services and the time schedule shall be equitably adjusted.
8.2 If the Client suspends the Project, the Firm shall be compensated for services performed prior to notice of such suspension. If the Client suspends the Project for more than ten (10) cumulative days for reasons other than the fault of the Firm, the Firm may terminate this Agreement by giving the Client one days’ written notice. If the Firm terminates the Agreement, the Client shall compensate the Firm for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including costs incurred to the Firm for termination of the Firm’s consultant agreements.
8.3 The Client may terminate the Agreement for the Client’s convenience and without cause by giving the Firm not less than two days’ written notice via email correspondence. If the Client terminates the Agreement, the Client shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including costs incurred to the Architect for termination of the Architect’s consultant agreements.
8.4 The Firm may terminate the Agreement for the Firm’s convenience and without cause by giving the Client not less than two days’ written notice via email correspondence.
8.5 The Firm shall NOT charge a Separate Termination Fee to the Client if the Client terminates the Agreement.
9.0 ACCEPTANCE
By selecting and paying for the “A LA CARTE ARCHITECTURAL DRAWING”, you hereby acknowledge that you have read, reviewed, and assented to the terms of this agreement by your own volition.
By selecting and paying for the “A LA CARTE ARCHITECTURAL DRAWING”, you hereby acknowledge that you have been allowed an opportunity and have taken advantage of the opportunity to discuss the terms and any confusion regarding these Terms and Conditions.
By selecting and paying for the “A LA CARTE ARCHITECTURAL DRAWING”, you hereby acknowledge that you understand that representation will not begin until full payment has been rendered and that representation is only for the matter disclosed in these Terms and Conditions. If you wish for Fuentes Architecture to represent you in another, separate matter, you understand that you will have to sign a separate agreement and pay the fees associated with representation on the additional matter.
Fuentes Architecture looks forward to starting your Project.
Very truly yours,
Frank Fuentes of Fuentes Architecture, LLC (Authorized Representative)
Fuentes Architecture, LLC