Engineering Contract Template

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When on a construction project, you must commit to sub-contractors and suppliers. This commitment is called an engineering contract.

An engineering contract ensures that all parties work towards the same goal - delivering the project on budget, on time, and meeting the specifications.

Follow these tips to set up an engineering contract for a construction project.

Note: try Bonsai's free legally-reviewed contract templates to kick start your agreement with a client. Simply edit the relevant details, terms of service, sign and send it off! Claim your 14-day free trial here.

What is an engineering contract?

Engineering contracts help prevent disputes among parties and ensure the completion of the project on time and within budget. The main point of engineering contracts are:

  • Duration of the contract
  • Description of the work
  • Scope of Work
  • Intellectual Property Rights
  • Compensation and Benefits

Tips for setting up an engineering contract

When setting up a construction project engineering contract, staying safe and avoiding any potential issues down the road is essential. Here are a few tips:

Get references from past customers before signing anything.

Always double-check the terms and conditions of the contract before signing anything.

It is also important to get references from past customers before finalizing anything, as this can build trust and ensure smooth sailing during future dealings with them.

The sub-contractors has licensed and insured.

Choosing the right sub-contractors and suppliers is essential because you don't want your project to be delayed or have problems due to bad choices.

Checking their licensing and insurance status beforehand can help avoid potential problems down the line!

Protect yourself with the required documents

You keep accurate records of every step taken during the project, so there are no surprises down the line. If things go wrong, having a proper dispute resolution clause can be very helpful in sorting everything out amicably.

Review scope of work, budget, timeline, and other key details

Reviewing the work scope and ensuring that everything is crucial. Establish an appropriate budget so as not to go over it unintentionally.

What are the common issues in engineering contracts?

There is a range of issues that can arise in an engineering contract, but some of the most common include:

Note: Try our engineering design proposal template to help you send bids to potential clients. It's easy to sign up, customize and send proposals for new jobs. Claim your 14-day free trial here.

1. Defining scope and requirements.

Project scope sets expectations for contractors and suppliers. It's important to avoid overloading either side with too much work, which could lead to delays or extra costs.

2. Negotiating payment terms and conditions.

The contract should clearly outline who will be responsible for paying what fees, when contractors will pay suppliers and any penalties if payments fall behind. Avoid late payments and interest rates that will add to the project's cost.

3. Protecting intellectual property.

A construction project should be aware of intellectual property rights, which protect ideas, designs, and inventions from being stolen or misused without permission.

Make sure to include provisions for protecting these assets in your engineering contract.

4. Determining who is responsible for accidents or defects.

A key part of any engineering contract is determining who's responsible if something goes wrong on site - either party ( contractor or supplier). Agreeing on a clear and concise process will help to avoid any disputes down the line.

5. Compliance with relevant regulatory requirements.

Many projects require the contractor to adhere to specific health, safety, and environmental regulations - make sure that your contract includes provisions for these regulations.

6. Communication is open and timely.

Communication is key between the contractor and supplier, especially during a project when schedules are changing rapidly and unforeseen problems arise. Make sure to include provisions for keeping both sides in the loop on progress, milestones, and any changes that may occur.

How can you avoid these issues?

One way to avoid engineering contract issues is to have a lawyer review your agreement before signing it. Your lawyer will help ensure that all provisions are appropriately understood and documented.

Additionally, ensure all agreements are consistent with applicable regulatory requirements so that you and the contractor remain compliant throughout the project.

Finally, constantly communicate with your supplier to keep them updated on project progress and possible changes.

Conclusion

Read the engineering contract template carefully and note any specific important provisions.

In addition, make sure to monitor the contract's discussion progress and take any necessary steps to enforce it.

Frequently Asked Questions
Questions about this template.

What are the 3 types of contracts?

The three most typical contract kinds are: fixed-price agreements. Cost-plus contracts contracts for time and materials

How do you create a simple contract?

The ideal way to send clients professional agreements is by using one of Bonsai's free contract templates. With the help of our software, you can get legally reviewed agreements and kickstart and relationship with a new client.

The format of the contract may vary based on the type of agreement that the parties are making. However, the majority of contracts also specify the offer's acceptance as well as the payment of the consideration.

The format of the contract may vary based on the type of agreement that the parties are making. However, the majority of contracts also specify the offer's acceptance as well as the payment of the consideration.

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Engineering Contract Template

Engineering Contract

Engineer
First Name
Last Name
Acme LLC.
Client
First Name
Last Name
Corporation Corp.

THIS ENGINEERING CONTRACT (the “Agreement”) is made effective as of [ENTER EFFECTIVE DATE] (the “Effective Date”), by and between: (1) [ENTER ENGINEER NAME] (hereinafter “Engineer”), located at [ENTER ADDRESS] and (2) [ENTER CLIENT NAME] (hereinafter “Client”), located at [ENTER ADDRESS] (collectively referred to herein as the “Parties,” and individually as a “Party”). As such, the Parties agree to the following terms:

1. DESCRIPTION OF THE ENGINEERING SERVICES.

1.1 Engineer shall provide the following services (collectively the “Services”) to Client:

a. [ENTER SERVICE DESCRIPTION #1].
b. [ENTER SERVICE DESCRIPTION #2].
c. [ENTER SERVICE DESCRIPTION #3].
d. [ENTER SERVICE DESCRIPTION #4].

1.2 Term of the Agreement.

This Agreement will begin on the [Effective Date] written above, and shall continue until this Agreement is terminated (a) mutually by the Parties; (b) immediately by a Party for the breach of the other Party; or (c) by a Party, without cause, upon providing thirty (30) days’ prior written notice to the other Party. The Parties agree that the terms of this Agreement, including the Services and compensation provided herein, may get amended if this Agreement is extended beyond the scope of the Services provided herein.

1.3 Access to information.

To perform the Services, Engineer will need to obtain information on a timely and periodic basis from Client. Client’s cooperation is an integral part of completing this engagement and Client agrees to provide resources and personnel with the appropriate knowledge to assist Engineer in completing the Services.

1.4 Additional services.

Client may request that Engineer perform additional services at a future date not contemplated by this Agreement. If this occurs, Engineer will communicate with Client regarding the scope and estimated cost of these additional services. Engagements for additional services will necessitate that the Parties sign a separate written addendum to this Agreement to reflect the obligations of both Parties.

1.5 Intellectual Property Rights.

Engineer retains all ownership rights to any materials provided to Client during the term of this Agreement that weren’t generated by Client using Client’s proprietary information. The generic Engineer owned materials Client is provided by Engineer are for Client’s use only and are being provided to Client for internal management use only. Client is not authorized to share, copy, distribute, or otherwise disseminate any Engineer owned materials received from Engineer electronically or otherwise without Engineer’s prior written consent. All such intellectual property shall remain the sole property of Engineer, and no license to sell or distribute Engineer’s materials is hereby granted or implied. Client agrees not to reproduce, duplicate, copy, sell, trade, resell and/or exploit for any commercial or personal purposes any Engineer owned materials provided by Engineer to Client without Engineer’s prior written consent.

2. COMPENSATION OF ENGINEER.

Client shall compensate Engineer in accordance with the following services fees (the “Services Fees”) for the Services as follows:

2.1 Service 1

[SERVICES FEE FOR SERVICE #1].

2.2 Service 2

[SERVICES FEE FOR SERVICE #2]

2.3 Service 3

[SERVICES FEE FOR SERVICE #3].

2.4 Service 4

[SERVICES FEE FOR SERVICE #4].

2.5 Authorized Expenses.

Client will reimburse Engineer for all reasonable expenses incurred by Engineer in performing the Services pursuant to this Agreement. Any expenses over the amount of [ENTER AMOUNT] shall require the prior written consent of Client before being incurred by Engineer on Client’s behalf.

3. CONFIDENTIALITY.

Engineer will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Engineer, or divulge, disclose, or communicate in any manner any information that is proprietary to Client (e.g., trade secrets, know-how and confidential information). Engineer will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Engineer will return to Client all records, notes, documentation and other items that were used, created, or controlled by Engineer during the term of this Agreement.

4. LIMITATION OF LIABILITY.

Engineer shall not be liable to Client for any special, consequential, incidental, punitive or indirect damages arising from or relating to any breach of this Agreement, regardless of any notice of the possibility of such damages. Engineer’s total liability hereunder shall be limited to the total fees paid by you to Engineer hereunder.

5. INDEMNIFICATION.

Client agrees to defend, indemnify, and hold harmless Engineer and its officers, directors, agents, affiliates, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorneys’ fees, costs and expenses resulting from your violation of any applicable laws, statutes and/or regulations, any third-party’s rights and/or your material breach of any duty, representation or warranty under this Agreement.

6. DISCLAIMER OF WARRANTIES.

ENGINEER MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT YOU MAY ATTAIN THROUGH ENGINEER’S SERVICES AND ENGINEER EXPLICITLY DISCLAIMS ANY WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF RESULTS.

7. INSURANCE.

Engineer shall maintain insurance in full force and effect throughout the term of this Agreement as detailed below. The insurance shall cover all risks arising out of Engineer’s Services, including the operations of its subcontractors. Engineer shall maintain (a) commercial general liability insurance; (b) professional liability insurance; and (c) workers’ compensation insurance.

8. INDEPENDENT CONTRACTOR STATUS.

Engineer is an independent contractor with respect to its relationship to Client. Neither Engineer nor its contractors and/or employees shall be deemed for any purpose to be employees of Client.

9. ASSIGNMENT.

This Agreement is not assignable, in whole or in part, by you without the prior written consent of Engineer. Any attempt to make any such assignment shall be void.

10. SEVERABILITY.

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

11. GOVERNING LAW & FORUM.

This Agreement shall be governed by and construed in accordance with the laws of the State of [ENTER STATE], without regard to its choice of law principles.

12. DISPUTE RESOLUTION.

Any dispute or claim that arises out of or relates to this Agreement, or that relates to the breach of this Agreement or that arises out of or that is based upon this Agreement shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) the American Arbitration Association (“AAA”), and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. Any such arbitration proceedings shall solely be conducted in the County of [ENTER COUNTY], [ENTER STATE]. Attendance to any such arbitration proceedings may be conducted by a Party hereto electronically.

13. AMENDMENT.

The Parties may only amend this Agreement in a written document signed by both Parties.

14. COMPLETE AGREEMENT.

This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties.

15. COUNTERPARTS.

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic transmission by .PDF or otherwise shall be considered valid, binding and effective for all purposes.

16. MUTUAL NON-DISPARAGEMENT CLAUSE.

The Parties hereto acknowledge and agree that they will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of the other Party and/or the other Party’s products and/or service. Disparagement shall be defined as any oral and/or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the other Party.

17. FORCE MAJEURE.

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party under this Agreement), when and to the extent the failure or delay is caused by or results from acts beyond the impacted Party's (“Impacted Party”) reasonable control (which events may include natural disasters, embargoes, explosions, riots, wars or acts of invasion or terrorism, requirements of law, national or regional emergency) (each, a “Force Majeure Event”). A Party shall give the other Party prompt written notice of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. An affected Party shall use all diligent efforts to end the Force Majeure Event, ensure that the effects of any Force Majeure Event are minimized, and resume full performance under this Agreement.


THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.

Engineer
First Name
Last Name
Acme LLC.
Client
First Name
Last Name
Corporation Corp.