CG Architecture Freelance Contract

[TJunkers]

So recently I have been getting a decent amount of Freelance offers and need some help! I need to make a contract and know enough to start one, but wanted to hear from anyone here that has made one if there are any tips you have or a template you followed or anything!

 

Thanks!

[Dave Buckley]

take a look at this info

 

http://www.burnstudio.co.za/blog/quotes-contractual-agreements/

 

and then there is always the stuff from 3dats

 

http://www.cgarchitect.com/upclose/VI/default.asp try Week 4

[Iain Denby]

Been freelancing for nearly 30 years and never had a contract. Never been asked for one and never felt the need to use one. The trust works both ways -the client could decide not to pay me for whatever reason, but equally I could decide to blow there presentation prospects by not delivering the goods at the eleventh hour. Phone calls and emails works for me and I feel dealing with contract will just get in the way. Having said that, I'm not working on huge budget jobs, the likes that Uniform etc work on. I'm sure a contract is essential for that type of work.

[Jonathan Sanchez]

Been freelancing for nearly 30 years and never had a contract. Never been asked for one and never felt the need to use one. The trust works both ways -the client could decide not to pay me for whatever reason, but equally I could decide to blow there presentation prospects by not delivering the goods at the eleventh hour. Phone calls and emails works for me and I feel dealing with contract will just get in the way. Having said that, I'm not working on huge budget jobs, the likes that Uniform etc work on. I'm sure a contract is essential for that type of work.

 

As much as I respect your decision... I STRONGLY urge anyone involved in a business transaction to set up a written contract. It's just too much of a liability not to have one....plus, it more professional "looking" to have a nice contract set up that you can show client. The American Society of Architectural Illustrators offers a sample contract on their website that you may use as reference to create one of your own. You can find it here: http://www.asai.org , then go to "services", then "contracts"

Edited October 28, 2010 by sancheuz

[jophus14]

Brian Smith put together a good sample contract. You might want to contact him through this site.

[mmmcd]

TJ, I have run a CG agency for 10+ years and we have employed well over 30 contractors over the years.

 

Unless you actually can envisage a situation where you would go to the effort of chasing the employer through the courts for some unpaid monies then I would not bother about a contract. If you are offered one, then read it carefully of course before signing.

 

NDAs - now I do see some worth there as the issues of confidentiality can be pretty serious.

 

And although I dont really see the point in a contract that no-one will actually pursue in the courts, clearly agreeing the parameters of the relationship and writing that down can act as a useful guide to conversations that may come up when you dont agree on some point of the agreement in future.

 

But if there is no trust to the point that you feel you may need to resort to the contract, then you have already lost and I would suggest you dont work for them

 

Good luck

[JonRashid]

I agree, with the other brits here. I have been a frelancer for many years now and have never used a contract. The only time I really got burned was when a games company went bust and I didn't get paid. The legal system over here means that for larrge amounts you need deep pockets to use the legal system. For smaller amounts you can use the small claims courts. Most of my jobs arrive late Friday to be finished for planning on the monday, this does not leave anytime for a contract. I agree with Martin, If there is any mistrust do not take the work. Hopefully you are setting up long term relationships with your clients. I feel a contract would lose me more work than the amount of losses it actually protected me from. With anything artistic there is a grey area where you have to prove your work was satisfactory and satisfied the contract. This can often be hard to do and involve further time costs.

[Jonathan Sanchez]

If you are dealing with people you know.. or acting as a sub contractor for another company, I can see why you would slack off and go by word of mouth.... but if you are dealing directly with end clients, or first time clients, I would always recommend using a written contract to establish specifics that can guide the transaction..... I don't think is a big deal to ask a client to review/sign a contract... Put yourself in client's shoes, who would u trust more?: someone whom has created no agreement or someone with whom u've established a guideline through a written contract?

Edited October 28, 2010 by sancheuz

[TJunkers]

take a look at this info

 

http://www.burnstudio.co.za/blog/quotes-contractual-agreements/

 

and then there is always the stuff from 3dats

 

http://www.cgarchitect.com/upclose/VI/default.asp try Week 4

 

Thanks! Great information! Especially the second one!

 

As for the contract, I'd like to have one cause I got screwed out of money twice now and I'd rather have a contract to back me up!

[BVI]

TJ, I have run a CG agency for 10+ years and we have employed well over 30 contractors over the years.

 

Unless you actually can envisage a situation where you would go to the effort of chasing the employer through the courts for some unpaid monies then I would not bother about a contract. If you are offered one, then read it carefully of course before signing.

 

NDAs - now I do see some worth there as the issues of confidentiality can be pretty serious.

 

And although I dont really see the point in a contract that no-one will actually pursue in the courts, clearly agreeing the parameters of the relationship and writing that down can act as a useful guide to conversations that may come up when you dont agree on some point of the agreement in future.

 

But if there is no trust to the point that you feel you may need to resort to the contract, then you have already lost and I would suggest you dont work for them

 

Good luck

 

You might find yourself in a position where they are going after you. If you have no written terms of agreement you could be in for a seriously bad time. Contracts don't only protect you against non payers, they protect you from the assumed liability that you are undertaking.

[mattclinch]

remarkable to hear that some people don't use contracts. i can't think of a situation where i would undertake work from a client i didn't know incredibly well without one. that's like driving a car without any insurance because you're confident you won't crash. it's not a matter of trust, just good business practice. you will likely get more respect from a potential employer and be taken seriously as a professional.

 

also, in my experience most clients (especially larger ones) need a proposal and T&C's sent over so they can agree the cost with their finance department, and i always request instruction to proceed so you cant prove your proposal was accepted. then your invoice can be tallied up with your proposal at the end of the job and you get paid.

[Tommy L]

I too am surprised to hear the 'dont bother with a contract' advice. One aspect of asking someone to sign a contract and pay some of the fee up front is you know that if they balk at either request then they are going to have serious issues paying you the balance at the end of the job.

Not to mention the protection is affords both parties if the job goes sour.

My standard contract is actually a quote, contract and purchase order all in one. It lays out the proposal, job requirements/tasks, delivery dates, deliverables etc and a couple of disclaimers. Wording such as 'work outside of this contract shall be billed appropriately' and 'we require complete and final drawings' are very useful in retrospective matters and ridiculous requests for complete design changes at the eleventh hour....

Small rush jobs are frequently undertaken without a contract, but always with a PO.

I have never had problems, but there are so many horror stories out there.

[Iain Denby]

I wasn't exactly advising not to use a contract, just explaining that I've never bothered. No client has ever asked me to sign anything, I've never asked them and neither of us have ever mentioned it. Of course, with new clients, there are emails between us with instructions to proceed etc, which I'm sure in a claim situation will count as proof of intention etc.

 

Interestingly, I've just given the go ahead for some landscape guys to pave my front drive and back patio area. The cost is considerably more than anything I would charge for my work and take much longer to complete. No contracts, just the fee agreed. Same happened with the plumber who fitted my bathroom. And the guys that fitted my kitchen.

[STRAT]

i've always insisted on a purchase order, even if it's just an official email requesting work at a cerain price and date agreed between both parties, but these are pretty informal and different each time. and i never use a standard 'all points covered' legal contract.

 

how legally im protected i dont know, and i know fully well of the horror stories out there too. if i were to open up my freelance concern to anything larger than myself in my home office then i suppose yes, i would look into standard contracts, but so far i dont see the need.

[leoA4D]

If there is just one term or condition, directly *and* indirectly related to the goods and/or services you are offering, that has the slightest chance to potentially lead to a misunderstanding is cause to have an agreement. Make it as reasonably (legally) brief as possible. A one page letter of intent (LOI) encompassing the fundamental T&C with signatures and dates from the involved parties is better than nothing. (I know!)

 

An agreement can also help to protect against "out of the blue" attacks, a.k.a., third party suits. (Again, I know!!)

 

Every change to an agreement or LOI should be made in writing. Follow up changes authorized during phone calls or idle chit-chat with exchanges between of written understandings.

 

Never make a change without written authorization. Leave altruism and magnanimity at home. (I did not and then did not get paid.)

 

If written appropriately, the contract protects all parties involved. Some clients react to agreements with mistrust and others believe they demonstrate a level of business maturity.

 

Bottom line: trust and faith is thin ice.

Edited October 30, 2010 by leoA4D

[Tommy L]

I would also just add another observation. I done jobs ranging between $200 and $50,000. As a rule of thumb, the cheaper the client, the more likely they are to be pushy and the more they will want for the money. Just in case anyone thinks smaller fee means they are less likely to need a contract.

But really, Ive not had any problems myself. Even before I started doing contracts.

[carlotristan3d]

I wasn't exactly advising not to use a contract, just explaining that I've never bothered. No client has ever asked me to sign anything, I've never asked them and neither of us have ever mentioned it. Of course, with new clients, there are emails between us with instructions to proceed etc, which I'm sure in a claim situation will count as proof of intention etc.

 

Interestingly, I've just given the go ahead for some landscape guys to pave my front drive and back patio area. The cost is considerably more than anything I would charge for my work and take much longer to complete. No contracts, just the fee agreed. Same happened with the plumber who fitted my bathroom. And the guys that fitted my kitchen.

 

NIce to know that business is still done based on trust. In most parts of the world it will not work. Heck, even my friend whom I have known for 10 yrs asked me to approve a quote before proceeding with a $1,200 job.