The architect's contract: A legal framework essential for securing your projects

The architect’s contract is a crucial document for structuring and securing any collaboration between a project owner and an architect. However, it is often misunderstood or overlooked, which can lead to conflicts and disputes.

In this article, Baptiste Gibert, a legal expert in architecture law, sheds light on the legal aspects of a well-drafted contract. He details the essential clauses, the obligations of each party, and best practices to avoid any ambiguity. Whether you are an architect or a project owner, this guide will provide you with the key insights to formalize your projects with confidence.

The importance of a clear and structured contract

A contract is a central element in any professional collaboration. Defined by Article 1101 of the Civil Code as an agreement of wills intended to create, modify, transfer, or extinguish obligations, it can be written or oral. However, it is strongly recommended to opt for a written contract to provide irrefutable proof of each party’s commitments.

Contractual freedom is a fundamental principle (Article 1102 of the Civil Code): everyone is free to contract or not, choose their partners, and determine the content and form of the contract, within the limits of the law. Once signed, the contract is binding on all parties (Article 1103), highlighting the importance of carefully negotiating its terms before any commitment.

The profession of architect is regulated by Law No. 77-2 of January 3, 1977, which reserves the title of "architect" for professionals registered with the Order of Architects. Thus, the architect’s contract formalizes the relationship between a project owner (individual or professional) and an architect, specifying their mutual obligations.

The architect’s contract in practice

An architect’s contract can take different forms: a mission letter, a fee proposal, an email exchange, or a formal contract.

Although various modalities exist, it is always preferable to opt for a structured written contract that precisely details each party’s obligations. A mission letter may suffice for specific services, such as sketches, while a fee proposal provides a cost estimate that will later be formalized in a detailed contract.

A simple email exchange can constitute an agreement but offers limited legal security. Therefore, it is essential to establish a formal document detailing all services, conditions, and compensation to avoid any ambiguity in case of a dispute.

Specific features of contracts with private clients

When an architect enters into a contract with a private client, the latter benefits from specific protections under the Consumer Code.

The architect must provide detailed pre-contractual information, and the project owner has a 14-day withdrawal period for contracts signed remotely or outside business premises. In case of a dispute, the contract must mention the possibility of mediation by a consumer mediator.

If the project is financed by a loan, a suspensive condition clause should be included, ensuring that the contract will only take effect upon obtaining financing.

Essential obligations of the architect’s contract

Before starting a project, the architect must obtain written agreement from the client on two crucial points:

• Deliverables: plans, sketches, administrative files… These elements must be precisely described in terms of content, format, and quantity.
• Compensation: fixed amount, variable, or percentage of construction costs… A payment schedule can be defined to prevent any ambiguity.

These elements help secure the assignment and provide formal proof of reciprocal commitments in case of disputes.

Essential clauses of the contract

To ensure smooth execution of the contract, certain clauses are indispensable:

1. Project description

The program and budget must be clearly defined to guide the architect’s work. Budget flexibility, through a tolerance rate on the budget, can be provided to adjust costs according to bids. The missions assigned to the architect and their deadlines must also be specified.

2. Execution conditions

The contract should specify co-contracting, subcontracting conditions, and management of substantial project modifications. Insurance obligations must also be defined.

3. Intellectual property

Often misunderstood or overlooked, this clause is essential for project execution. It should, at a minimum, provide for the transfer of the architect’s economic rights for the project’s realization as a single copy while preserving the moral rights associated with the architect’s status as the project’s author.

4. Termination

An architect cannot unilaterally terminate a contract without legitimate reasons, as this could be considered professional misconduct (Article 38 of the Code of Ethics).

Too often, only the project owner is granted the right to unilaterally terminate the contract. The architect should therefore also include a reciprocal termination clause. Compensation for termination without the architect’s fault is possible and preferable.

The importance of annexes

Annexes are often overlooked but are an integral part of the contract. They may include key documents such as the fee schedule, project specifications, or project program. To avoid confusion, it is crucial that they do not contradict the main contract and that a clear hierarchy is established (the contract first, followed by annexes in numerical order).

Conclusion

A structured architect’s contract is a guarantee of security for all parties. It clarifies commitments, formalizes expectations, and frames mutual obligations. More than just a formality, it is an essential tool for carrying out an architectural project with peace of mind.

We sincerely thank Maître Baptiste Gibert for this valuable article, providing our readers with expert insights on such a crucial topic as the architect’s contract. Thanks to his in-depth analysis, everyone can better understand the legal stakes and secure their projects with confidence.