Construction and development · Slovakia

Architectural concept design agreement

An architectural concept design is the first phase of a project and a copyright work. If the contract does not address licensing, the architect decides how it may be used in later stages, not you. We prepare an agreement defining the brief, deadlines, payments and copyright so the project stays in your hands from concept to occupancy approval.

  • Licence for later project stages
  • Experience with development projects
  • Prices agreed in advance
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What we'll do for you

Full preparation or review of the architectural concept design agreement, including the copyright provisions that are often the client's weakest point in architects' drafts.

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  • Initial consultation and brief

    We discuss the proposal and help formulate the concept brief — intended use, capacity, number of options and documents to be supplied to the architect.

  • Concept design agreement

    The subject and scope, deadlines, client cooperation, acceptance process with comments, and consequences of delay.

  • Copyright and licence

    A licence for later documentation stages, marketing and project changes, including consent for another person to modify and complete the concept.

  • Fee and payment milestones

    Payments linked to delivery and acceptance of parts of the concept rather than merely the passage of time, including what happens to the fee on early termination.

  • Termination and work in progress

    Withdrawal and termination rules and the right to use the unfinished concept so ending the relationship does not stop the entire project.

Deliverablea signed architectural concept design agreement with a licence for use in later project stages

How it works

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  1. Consultationday 0

    We discuss the proposal, project stage and arrangement with the architect. We explain what the agreement must address to avoid dependence on one supplier.

  2. Drafting or review

    We prepare a tailored agreement or comment on the architect's draft, focusing on licensing, acceptance and payment milestones.

  3. Agreement and signingat your pace

    We negotiate disputed points with the architect and prepare the final version for signing, explaining key provisions.

within 24 h Within 24 hours of your enquiry, we get back to you with the next steps and price. You pay nothing until then.
price agreed in advance You know the final price or cap before work begins, with no hidden invoice items.
the whole project We draft the concept agreement with later stages in mind, from project documentation to permits, so the phases connect.

An architectural concept design is the first decision that shapes the entire project, testing the site’s intended use, capacity, volumes and alternative solutions. Legally, however, it has two aspects: the agreement to produce it is a works contract, while the result is the architect’s copyright work. The copyright provisions in architects’ draft agreements are often written for the author rather than the investor.

The statutory rule for a commissioned work under § 91 of the Copyright Act (Act No. 185/2015 Coll.) allows the client to use it for the purpose arising from the agreement; anything else requires the author’s consent. If the agreement is silent, the developer cannot be sure it may give the concept to another designer as a basis for project documentation, use the visualisations for marketing and pre-sales, or modify it later. Each step then depends on the architect’s further consent, leaving the developer hostage to its own concept. The solution is an express, sufficiently broad licence for later documentation stages, adaptation and changes by others, and marketing, with agreed exclusivity and duration. An exclusive licence requires writing by law (§ 65(3) of the Copyright Act), so leaving it for later is not an answer. Beware the default: unless an exclusive licence is agreed, the author is deemed to grant a non-exclusive licence (§ 70(1)) — silence therefore favours the architect.

Another point investors underestimate even more: the architect may use a commissioned work itself and allow others to use it, unless otherwise agreed and provided this does not conflict with the client’s legitimate interests (§ 91(2) of the Copyright Act). Without a contractual restriction, the same or a very similar design could therefore appear in a competitor’s project; any dispute would turn on whether this conflicts with your legitimate interests, an uncertain basis. Exclusivity and a ban on use for a competing project belong in the agreement, not merely in a relationship of trust.

The other layer is the author’s moral rights: attribution and integrity of the work. The architect cannot transfer these, but can give defined advance consent to alterations. A good agreement therefore combines the licence with that consent and a clear acceptance process: what the brief contains, how many options are included, how comments are handled, when the concept is accepted and what triggers payment. It also addresses the investor’s cooperation and documents, deadlines and consequences of delay, and early termination, including the right to use unfinished work so a terminated relationship does not stop the project.

Selecting an architect through a competition is a separate issue. Whether holding an architectural competition or comparing proposals, rights to submissions, participants’ fees and the winner’s duty to enter a contract must be addressed in the competition terms — after evaluation, the negotiating positions reverse. We also prepare the concept agreement with what follows in mind: project documentation for permitting and the approvals process. When the phases connect contractually, the project does not depend on one supplier’s goodwill.

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Send us an enquiry. We reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.

  1. 1Send your enquiry via this form
  2. 2Within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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What clients ask

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Why is an ordinary works contract or purchase order insufficient?

An architectural concept is a copyright work, so copyright must be addressed alongside the works contract. By law, a client may use a commissioned work only for the purpose arising from the agreement and needs the author's consent for other uses. If the contract does not define the purpose and licence, the architect effectively controls the concept's future use.

Can another designer prepare project documentation based on the concept?

Only if you have the licence to do so. We therefore include express permission for someone other than the author to use the concept as a basis for later documentation, with consent to completion and changes. Otherwise, every change of supplier depends on the architect's further consent and price terms.

What are the architect's moral rights, and can they be transferred?

Alongside economic rights, the author has moral rights, particularly attribution and integrity of the work. These cannot be transferred or waived, but the author can consent to alterations. We therefore agree defined consent to changes in advance so project modifications are not blocked by an authorship dispute.

What happens to an unfinished concept if we end the cooperation?

Without contractual provisions, you risk paying for unfinished work you cannot use. We therefore agree that, on termination, you receive the unfinished concept and a licence corresponding to the fee paid, allowing the project to continue with another architect.

Should we commission directly or through an architectural competition?

Each has its rules. For a direct commission, the agreement itself is central. In a design competition, the terms must already address rights to submissions, participants' fees and the winner's duty to enter into a contract. Otherwise, after judging the competition, you may have no rights to the proposal you selected. We help with both routes.

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