When a project’s planning stages are complete, the builder may feel as though their focus should be solely on executing the design. However, the realities of life dictate that other matters need to be redressed. For example, most builders or architects must turn their gaze towards legal obligations that have not been agreed upon primarily because these agreements were missed from the discussions. To get a better idea of why making sure contract formation is not overlooked when it comes to innovative designs, it helps to look at how attornment agreements can benefit revolutionary architectural projects.
In essence, an attornment agreement is a real estate contract that outlines how the ownership and operation activities of one entity’s property may continue in the event that the venture is sold. This kind of contract ensures that the new owners continue to carry out the same duties regarding occupancy for those who lived in the area about the time of purchase. When a similar document is created for a building project, it ensures that both the builder and the client are on the same page prior to construction. Additionally, it allows both parties to make decisions about how late changes are made. While this might seem like minutiae, it frequently saves time and money for those with tight budgets.
In most cases, the person who seeks planning permission attempts to build a reputation for themselves through allowing innovation and energy conservation to take precedent over other concerns. While this is great for the environment, having limits placed on creativity is essential because it helps to keep costs low. Many architects mistakenly approach energy conservation as a clarion call for unique designs. The biggest benefit of having an attornment agreement in place is that other issues can be corrected after the more exciting items are hashed out. It separates the minutiae from the artfulness of a building.
The biggest reason that attornment agreements are so helpful is because they allow a builder to have more faith in what a client wants. If a client requests bespoke designs, the builder does not need to worry about whether the plans have been approved by the client. When the documentation is approved, any amendments are protected by law. This also helps to take the burden off of the builder once the attornment agreement is signed. Instead, the builder can continuously push themselves to think outside the box while the attornment agreement prevents clients from making changes at their leisure.
Likewise, attornment agreements are also a way for a builder to protect energy conservation projects. Because these projects are often open to interpretation, it can be difficult for builders to make decisions about how a design might look once the project is completed. By continuing to place their focus on creating plans, builders can eliminate a lot of the stress that goes into creating energy-efficient builds.
These agreements can also make it easier for the builder to use modern materials during construction. While the purchaser may be tempted to tell the builder what plans should be pursued, attornment agreements ensure that the builder has some room for experimentation. Once the designs are created, the builder has more freedom to play with different materials.
Attornment agreements can also impact a residential or commercial project’s workflow. Many builders depend on a long-term plan that becomes more intense as the work progresses. Because the plans are long and drawn out, the builders who use attornment agreements can avoid spending excessive time on adhering to deadlines.
Ironically, not all builders understand how attornment agreements can be used effectively. This is unfortunate because there are a lot of ways that these documents can help to avoid conflict down the road. When the builder and the purchaser formalize the agreement, they have better conflict resolution skills. If the seller later tries to make changes, the buyer can point to a specific point in time when the paperwork was signed.
Likewise, attornment agreements can sometimes intersect with conservation work to create a unique product. When builders are focused on restoration work, they often do not feel as though they can change much about the plans. As such, these builders try to retain the same structure. Even if the design is innovative, there may be issues with the construction.
The biggest reason that attornment agreements should consistently come up in architectural conversations is because they make the process smoother. From the time when the idea is sketched to the time when the build is completed, these agreements make each step easier for all parties involved. Thus, it is recommended to make sure that these documents are examined before moves are made.