Monthly Archives: January 2012
10 Tips on Drafting Better Contracts
The days of the handshake deal are far gone and it is imperative that the design professional be armed with a written agreement that clearly delineates the nature and extent of each party’s roles, rights and responsibilities. Below are several important tips on drafting a well versed agreement:
- Be clear as to the scope of your services. The contract should clearly state the nature and extent of each service being performed by the design professional during both the design and construction phases of the project. Further, if the contract provides that the design professional will perform additional services over and above basic services, the agreement should clearly state that any such services will only be provided if requested and expressly agreed to in writing.
Identify specific exclusions. Services that the parties agree will not be performed by the design professional should be specifically delineated in the contract. An example is that the design professional will not be responsible for the contractor’s means, methods, techniques or sequencing of construction, or for site safety.
If appropriate, indicate that there are no third-party beneficiaries to the contract. If it is agreed between the parties that the services being performed by the design professional are to benefit someone who is not a party to the agreement, make certain the contract clearly identifies that party. If not, make sure the agreement provides that no relationship, contractual or otherwise, is being created between the architect and any third-party.
Include a copyright protection provision. Unless agreed otherwise, the contract should include language that provides that the design professional retains all copyright protection and ownership to the plans and drawings. It should also be stated that the design professional is granting the owner a nonexclusive license to the plans and drawings solely for construction and use with respect to the subject project.
Be Cautious With Indemnification Language. Many owners request design professionals sign agreements which contain indemnification language which requires the design professional to defend indemnify and/or hold harmless the owner in the event of a claim. Be careful when agreeing to any contracts with such language, as such provisions often result in significant legal ramifications.
Include Payment language. Include a provision that clearly states when and how the parties may terminate the contract.
Add Termination Language. Include a provision that clearly states when and how the parties may terminate the contract.
Include Limitation of Liability Language. In certain circumstances, the Courts of the State of New York have enforced limitation of liability clauses. Therefore, consider adding language limiting the amount of damages for which the design professional will be responsible.
Consider Alternative Dispute Resolution. In anticipation of a dispute between the parties, consider including a provision setting forth a mechanism (i.e., arbitration or mediation) for resolving such a dispute. Such language can be helpful to stave off full-blown litigation should be conflict between the parties arise.
Get A Fully Signed And Dated Contract. It is difficult, and sometimes impossible, to enforce a contract that is not dated and signed by all parties.
While having an appropriate contract is no guarantee against a claim, the absence of one certainly impedes the professional’s ability to extricate themselves from such claims. The paramount rule is to be cautious when entering into professional service agreements. The professional must be careful to review and understand all of the terms and conditions of the agreement, which set forth the rights and responsibilities of the parties, prior to executing the agreement. In this regard, the professional should strongly consider consulting with an attorney qualified to assist in drafting and agreement which with fully protect the design professional’s interest.
By Steven Goldstein, Esq
Co-Author: Michael J Hall
Photography © Alexandr Denisenko
Just got back from a very easy installation of Qmotion shades for marketing purposes. It was also a beautiful day on Pensacola Beach where the job was located. It took about 15 minutes per-shade, including taking down the old shades. It was literally as easy as two brackets and the shade was up and ready to be programmed. Take a look at how nice the job turned out. The fabric is Mermet E Screen 1% openess, which should block out most of the light, but I don’t know if it is enough for the blazing Florida sun! What do you guys think of the finished product?
Eager to keep your new window shades looking beautiful don’t be tempted to do something destructive. Roller shades can be kept clean in a variety of ways that keep them looking great and functioning like new. The first step to getting a squeaky clean window is determining what type of material your shades are made from. They can be vinyl, fabric, polyester, or even something organic like bamboo. If you have vinyl or polyester you can afford to be a little rougher with your shades, but if they are a cloth or organic material you need to baby them. All roller shades benefit from a regular dusting with a feather duster or a very soft clean broom. But sometimes that just doesn’t cut it. These easy steps can get you make sure your shades have a bright future:
2. If that still doesn’t have your dirt defeated you can switch to a wet method. Use warm water and a sponge to gently wipe away the dust. If you have cloth window shades this is not recommended.
3. The last measure you can take is to introduce some liquid dish soap into your warm sponge water. Only a squirt is needed but it should do the trick to clean up
really grimy shades.
Don’t let the sponge be too wet, you should never let water run down your shade.
Let the shade dry completely before rolling it up.
Don’t scrub too hard or use the abrasive side of the sponge.
A Greenville area elementary school got a modern touch in their gymnasium with the recent installation of Qmotion shades. Dacusville students may still have to worry about the opposing team blocking shots but Qmotion will be blocking the sun for many years to come. In the hard to reach windows above the basketball goal the motorized control comes into play and with the use of the USB timer remote the shades can be set to open and close automatically. This “set it and forget it” feature means that basketball coaches can worry about more important things, like how they are going to win the game!
What makes these particular shades so different?
Our unique technology. QMotion™ engineers created a motorized shade that is safe, completely cordless, quiet, beautiful AND affordable for both commercial and residential use. For too long, safe cordless shades have not been within reach for many homeowners.
Specifically, how are these shades different?
QMotion engineers reinvented how motorized shades operate by housing precision ball bearings in each shade’s tube. This patented design reduces friction, reducing the amount of power needed to raise and lower the shade. The result is a completely different operating system, so the batteries last for up to five years. The shades are cordless and quiet.
What types of batteries are required?
QMotion Shades use standard alkaline batteries (size D), not hard-to-find specialty batteries.
Battery-operated shades aren’t a new concept, so how are these special?
Conventional battery-operated shades do not feature our technology – the precision ball bearings inside the roller tube; the conventional batteries have to “fight” against naturally occurring friction, shortening the battery life in those types of shades. The unique technology of QMotion Shades allows the shade to glide effortlessly, so battery life is considerably longer – up to five years. In fact, the battery will probably die of “old age” before it dies from use.
Are these shades quiet?
Our shades operate at a level of quietness never before available in a motorized, wireless shade. They are virtually silent. QMotion’s innovative ball bearing engineering allows this smooth, quiet operation.