How to Avoid the Breakup Points That Derail the Design of Commerical Developments
MANAGING ARCHITECTURAL AGREEMENTS WITHOUT BREAKING THE RELATIONSHIP
How to Avoid the Breakup Points That Derail Development Projects
Have you ever gotten deep into the design of a commercial project and realized something is not in the scope of work? I’ve seen it happen countless times in the world of architectural and engineering services, where seemingly minor exclusions and oversights lead to massive rifts between developers, architects, and their consultants. Below are some highlights from my recent blog posts on managing architectural agreements, emphasizing the critical importance of pre-design studies, development of project programs, defining the process and decision-making process to stay on budget, on schedule, and (crucially) on good terms.
1. One Person, One Voice
It sounds simple, but who has the final say on design decisions? If the developer’s entire committee weighs in, but no single point of contact provides official approval, you risk confusion, contradictory directives, and “he-said, she-said” disputes. Tip: Require one authorized individual—like an Owner’s Representative—to sign off on major decisions. No more “we never agreed to that.”
2. Pre-Design: Doing Your Homework
Before you even start conceptualizing a building, gather site surveys, traffic studies, market research, and a Project Program (outlining required square footage, land use, and estimated costs). Too often, teams jump into a flashy concept design without verifying essential data. Result? Surprise setbacks, parking constraints, or budget bloat. A rigorous Pre-Design Phase prevents these “gotchas.”
3. Accountability: Document Every Task
Who verifies zoning? Who orders the geotechnical report? Who ensures the final drawings get coordinated across MEP, structural, and interior design? Write it down—all of it. Nothing derails a project faster than, “Wait, I thought you were doing that.” By clearly assigning responsibilities in the agreement, you keep schedules on track and avoid shifting blame.
4. “No Turning Back” on Approved Phases
Another classic scenario: The architect presents multiple design options; the developer picks one…then wants to revisit old options weeks later. Suddenly, you’re paying for rework and burning time. Solution: Bake in a “no turning back” policy once a design phase is formally approved. Major changes become “variations” that affect fees and timelines. Everyone thinks twice before flipping the script.
5. Avoid “Blue-Sky” Chaos
Yes, brainstorming is fun, but ignoring real-world constraints—like property lines or budget caps—can send a project spiraling. To keep creativity grounded, do reality-based design: use site-fit plans, early cost estimates, and feasible massing models. Then direct imagination where it truly matters.
Five More “Fine-Grained” Gotchas
Scope of Interior Design: Sometimes, developers assume the architect is handling every last detail of an interior space short of picking out the paint, carpet, wallcoverings, and furniture. Meanwhile, the architect excluded the walls, ceilings, and MEP inside a space—leading to fights once you realize building’s MEP can’t finalized without the room layout.
BIM & LOD: If you expect a clash-free BIM model at the Schematic stage, you’d better specify which LOD you need in the agreement.
Penalties for Delays: It may sound harsh, but real consequences make for good relationships for missed deadlines to ensure everyone’s priorities stay aligned.
Fully Coordinated Drawings: Don’t let sub-consultants work in silos. One coordinated package avoids nasty (and expensive) surprises on-site.
Exclusions & Developer-Supplied Items: Specialty systems (like fountains or complex IT and AV systems) are often overlooked. Spell them out, or you’ll be paying for them later.
An All-Too-Common Hotel Fiasco
Picture a 5-star hotel where the architect designs core and shell, but the restaurant, spa, and rooms’ interior design are “excluded.” Midway through, the developer realizes the HVAC, sprinklers, and structural columns don’t align with the lavish spa concept—and the interior designer’s custom lighting plan calls for new ductwork. Result? Scope creep, design conflicts, and intense arguments about who pays for the rework. With a well-documented agreement, you’d know exactly how these elements tie together and who’s responsible for final coordination.
Ready to Dive Deeper?
If these highlights resonate—or if you’re facing similar pitfalls—head over to www.jrichardhill.com to read the full stories and learn about proactive solutions. You will find more examples, deeper process outlines, and practical checklists to keep your projects running smoothly.
Got questions or want to discuss your specific project? Email me at rick.hill@jrichardhill.com.
Blog posts leading to the all-too-familiar “breakup” between developers and architects— can be found on my website under Big Ideas.
#Design Management #ProjectManagement #Construction #RealEstate #Development #BIM #HospitalityDesign #DesignProcess #PreDesign
Disclaimer: I’m not an attorney. Always consult legal counsel when drafting or reviewing architectural service agreements.
