THE LEGAL SIDE OF INTERIOR DESIGN: CONTRACTS OR LETTERS OF AGREEMENT

Whenever two or more parties plan on doing business together, unless there’s a well written agreement signed by all, disputes are very possible; in fact, it’s an invitation for disputes. Oral agreements are accepted as valid in some jurisdictions, however, written documents are legally binding and are much harder to contest or ignore.

There are many options available, as one may consult an attorney for a custom contract, use an industry standard like that provided by ASID (American Society of Interior Designers) or BIID (British Institute of Interior Design), or by any other national society regulating the interior design profession. Some seasoned designers dare draft their own letters of agreement, usually through a collage of various sources, which is not really advisable as a practice; for it’s best to leave legal matters to attorneys and the design to designers.

Contracts typically spell out the project’s scope, the parties’ responsibilities, the duration of the project (including any fines if the deadline is not met), force majeure, the fee for professional services rendered as well as reimbursements, settlement of disputes and termination by either contracting party. Force majeure is in reference to any unforeseeable and exceptional situations or events beyond the control of the contracting parties which prevents either of them from performing any of their obligations (Occasionally labeled as “acts of God”).

Contracts may spell out design services, implementation or construction services, or project management. Therefore a one-for-all contract may not be a good idea. First and foremost, all contracts should be well written, not unnecessarily  long and in a clearly understood language.

A well written contract or letter of agreement can create the fairest balance of risk between the designer and the client, thus making the interior design experience enjoyable and hassle-free. For a fine legal document protects the interests of all parties and safeguards the real issue or scope, which is the creative design of interior space.

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