Collaborative Memorandum of Understanding for Architects

What a good one includes

• Clearly define which firm is responsible for specific phases of the project, such as schematic design, construction documents, or construction administration.
• Outline how the client fees will be split, who bills the client, and the schedule for distributing payments between the collaborating firms.
• Specify who owns the copyright to the initial design concepts, the final construction documents, and any shared digital models.
• Detail the key personnel and minimum staffing hours each firm must dedicate to the collaboration to maintain project momentum.
• State the professional liability insurance coverage each party must maintain to protect against design errors or omissions.
• Establish a clear process for resolving creative or financial disagreements, as well as how a firm can exit the agreement without stalling the client’s project.

Common mistakes to avoid

• Leaving the ownership of the building's digital BIM model undefined, which leads to ownership disputes during the construction phase.
• Failing to outline what happens to the design rights and client relationship if the collaboration dissolves before the project is completed.
• Vaguely describing roles as collaborative rather than explicitly assigning lead and supporting responsibilities for deliverables.
• Treating the MOU as a final contract instead of including a clause that mandates transitioning to a formal AIA or custom joint-venture agreement upon winning the bid.

Frequently asked questions