We advised an architect on a subconsultant agreement with a large architecture and engineering firm for the design of a new premium airline lounge at a major international airport. Our client, engaged due to their expertise in developing the airline’s new global brand standards for premium lounges, served as the Designer of Record, leading the design from concept through design development for this inaugural “test-fit/incubator” location. The airport funded the relocation of the lounge to a new concourse. This presented a unique arrangement where our client led the initial design phases while the prime consultant, retained by the airport, managed the construction documents and construction administration phases. Key negotiation points included securing intellectual property rights for both our client and the airline, as well as establishing a “firewall” to protect the confidential, newly developed brand standards from potential conflicts of interest with the prime consultant’s other airline clients. This involved crafting specific contract language addressing ownership of design elements and safeguarding proprietary information.
