Contract Law Language

(a)A Professional Engineer, Architect, Landscape Architect, or Land Surveyor shall use a written contract when contracting to provide professional engineering, architecture, landscape architecture, land surveying or construction management services to a client pursuant to this Chapter. The written contract shall be executed by the professional engineer, architect, landscape architect, or land surveyor and the client, or their representative, prior to the professional engineer, architect, landscape architect or land surveyor commencing work, unless the client knowingly states in writing that work may commence before the contract is executed. The written contract shall include, but not be limited to, all of the following:

(1)a description of the services to be provided to the client by the professional engineer, architect, landscape architect or land surveyor;

(2)a description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties;

(3)the name, address, and license or certificate number of the professional engineer, architect, landscape architect or land surveyor, and the name and address of the client; and

(4)a description of the procedure that the professional engineer, architect, landscape architect or land surveyor and the client will use to accommodate additional services.

(b)This Section shall not apply to any of the following:

(1)Professional engineering, architectural, landscape architectural or land surveying services rendered by a professional engineer, architect, landscape architect or land surveyor for which the client will not pay compensation.

(2)A professional engineer, architect, landscape architect or land surveyor who has a current or prior contractual relationship with the COL1242015 CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS client to provide engineering, architectural or land surveying services, and that client has paid the professional engineer, architect, landscape architect or land surveyor all of the fees that are due under the contract.

(3)If the client knowingly states in writing after full disclosure of this Section that a contract which complies with the requirements of this Section is not required.

(c)“Written Contract” as used in this Section includes a contract that is in electronic form.