An Architecture Letter of Intent is a crucial preliminary document used in German construction and development projects when parties wish to formalize their intentions before entering into a full architectural services agreement. It is particularly relevant when there is a need to establish early understanding while detailed terms are still being negotiated, or when certain architectural services need to commence while the main contract is being finalized. The document typically includes key aspects such as project scope, preliminary fee structures (following HOAI regulations), timelines, and any immediate authorizations needed. Under German law, while most of the LOI remains non-binding, certain provisions like confidentiality and exclusivity can be made explicitly binding. The document must comply with German civil law (BGB) and professional architectural regulations, making it an important tool in the pre-contractual phase of architectural projects.
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1. Date and Parties: Full legal names and addresses of both parties, including architectural license numbers and professional registrations
2. Project Description: Clear identification of the project, including location, scope, and basic parameters
3. Purpose of the Letter: Statement clarifying the preliminary nature of the document and its intended purpose
4. Scope of Services: Outline of the proposed architectural services, referencing HOAI service phases where applicable
5. Proposed Fee Structure: Preliminary indication of fees based on HOAI frameworks, including payment milestones
6. Timeline: Proposed project timeline and key milestones
7. Exclusivity Period: Period during which the parties agree to negotiate exclusively with each other
8. Confidentiality: Basic confidentiality obligations regarding project information
9. Binding Provisions: Clear identification of which provisions are intended to be legally binding
10. Signatures: Execution section for both parties
1. Early Services Authorization: Authorization for specific preliminary services to commence before main contract execution
2. Cost Estimates: Preliminary project cost estimates, if sufficient information is available
3. Third-Party Involvement: Details of other consultants or stakeholders, if already identified
4. Special Requirements: Any specific requirements such as sustainability certifications or special permits
5. Termination Rights: Specific conditions under which either party may terminate the LOI process
6. Insurance Provisions: Preliminary insurance requirements, if necessary to be confirmed before main contract
1. Schedule 1 - Initial Project Brief: Basic project requirements and client's initial brief
2. Schedule 2 - Preliminary Service Scope: Detailed breakdown of proposed architectural services by HOAI phases
3. Schedule 3 - Fee Calculation: Preliminary fee calculations based on HOAI fee scales
4. Schedule 4 - Project Timeline: Indicative project program and key dates
5. Schedule 5 - Key Personnel: List of key team members and their roles
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Commercial Property
Residential Development
Healthcare
Education
Industrial
Retail
Hospitality
Public Sector
Cultural Institutions
Sports & Recreation
Mixed-Use Development
Urban Planning
Infrastructure
Relevant Teams
Legal
Operations
Project Management
Real Estate
Development
Construction
Facilities Management
Design
Technical Services
Procurement
Risk Management
Relevant Roles
Architect
Project Manager
Development Director
Construction Manager
Facility Manager
Real Estate Director
Property Developer
Legal Counsel
Contracts Manager
Chief Operating Officer
Head of Construction
Design Director
Technical Director
Managing Partner
Principal Architect
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