You might be thinking…

I’ve signed the lease and now I’m ready to get down to work for opening day.

How exciting! You’ve got a signed lease for your new retail space. But there is a lot of work to do before you open your doors. In this next phase, you will have to design your premises, navigate permitting in your jurisdiction, and then complete the build-out or renovation of the space.

Terms to familiarize yourself with

The rent commencement date is when the tenant’s first month of rent is officially due. This usually happens when the Landlord delivers the property (or, “the keys”) to a tenant, subject always to the rent abatement period, if any.

A permit set is the minimal set of drawings required by the local jurisdiction in order to obtain a construction permit. The permit set typically includes floor plans, elevations, MEP sections, and a site plan.

Construction Drawings are the minimal set of drawings required by the local jurisdiction to obtain a construction permit. The permit set typically includes floor plans, elevations, MEPs, sections, and a site plan.

TIA is a pre-negotiated sum of money a landlord will provide the tenant to help cover a portion of construction costs.

  • TIA is usually expressed by dollars per square footage – i.e.: $30.00 per square foot on a 3,000 sf = $90,000
  • The tenant should be prepared to pay construction expenses upfront and be reimbursed later by landlord through TIA (not more frequently than every 30 days)
  • TIAs are almost always negotiable and are often determined by condition of the Premises (e.g., new construction often requires a larger TIA from the Landlord)

TIAs are usually only applicable for construction costs (i.e., hard costs) associated with improvements to the space; not design fees, attorney fees, furniture, or movable equipment.

In building design and construction, MEP stands for “mechanical, electrical, and plumbing.” MEP design is critical for planning, decision-making, documentation, performance- and cost-estimation, construction, and operating/maintaining the resulting facilities.

Schematic drawings are the first step in an architect’s design process, where project requirements and goals are determined. The architect then takes this information and develops rough drawings of floor plans, elevations, and illustrative sketches or computer renderings.

In a Guaranteed Maximum Price (GMP) contract, the customer agrees to reimburse the contractor for materials, labor, and the contractor’s fee. The GMP is the maximum price the customer is willing to pay for the project, meaning the contractor is responsible for any cost overages beyond the maximum price unless there are changes to the project design or original scope. This sort of construction arrangement/contract is very uncommon in the retail context.

Cost-plus contracts are often used if the party who is developing the contract has budgetary restrictions or if the scope of the work can’t be accurately estimated in advance. These contracts are created for a contractor to be reimbursed for almost every expense incurred on a project.

A Time and Materials (T&M) contract includes a quote for a fixed hourly wage plus the cost of materials for a construction job.

Pay specific attention to your responsibilities under the lease including: i) when your rent starts (Rent Commencement); ii) the period in which you are required to provide design drawings for landlord approval; iii) your obligations and timeline for filing permits with the city and other milestone dates, etc. This list will vary depending on the sophistication of the landlord and lease terms in your specific deal.

Pay specific attention to your responsibilities under the lease including: i) when your rent starts (Rent Commencement); ii) the period in which you are required to provide design drawings for landlord approval; iii) your obligations and timeline for filing permits with the city and other milestone dates, etc. This list will vary depending on the sophistication of the landlord and lease terms in your specific deal.

Team + Your Role

Team + Your Role

Architects, designers, and contractors should all collaborate and communicate together to help your vision come to life. However, it is your role to serve as the project manager — assume you will always need to direct and guide the process regardless of how good your team is. After all, this is your business — you are the conductor. You are responsible for coordinating between all parties involved to ensure information flows to the right person at the right time.

Hold a full-team project kick-off meeting to review roles, responsibilities, timeline, and budget

Schedule regular check-in meetings/calls with individual members of the team in addition to the entire team to track progress, coordinate overlapping work, and plan ahead

Regular check-ins keep the team organized, coordinated, and help you catch any time-sensitive issues that arise

Set up a system for tracking invoices and reports from your team (you will need them through the build-out phase and they may also be important down the road)

Schedule

The schedule for this phase can vary based on business type, the experience of your team, and the scope and scale of work being designed and constructed.

Typical Schedule Range:

Design

This is the stage where you rely on your design professionals, including architects and engineers, to help guide the process.

If you need Construction Drawings (sometimes known as Permit Set) showing the work you will complete as part of Tenant Improvements and using Tenant Improvements Allowance (TIA), hire an architect and sign a formal contract. The contract will detail the architect’s scope of services, timing for deliverables, costs, and more.

If you need Construction Drawings (sometimes known as Permit Set) showing the work you will complete as part of Tenant Improvements and using Tenant Improvements Allowance (TIA), hire an architect and sign a formal contract. The contract will detail the architect’s scope of services, timing for deliverables, costs, and more.

Ideally, your architect should have toured the space with you already and provided some initial feedback during the due diligence process. The drawings prepared by your architect will be reviewed and approved by your landlord and submitted to the city for your building permit, if required.

Your architect may prepare Schematic Drawings (preliminary), Design Development Drawings and Construction Drawings with details the contractor needs to accurately price and build the space. In smaller projects you might jump right to the production of Construction Drawings. The architect usually stays on throughout the build-out to ensure what’s reflected in the drawings is actually constructed. This is mostly administrative work.

Your architect may prepare Schematic Drawings (preliminary), Design Development Drawings and Construction Drawings with details the contractor needs to accurately price and build the space. In smaller projects you might jump right to the production of Construction Drawings. The architect usually stays on throughout the build-out to ensure what’s reflected in the drawings is actually constructed. This is mostly administrative work.

Your architect will usually hire/manage/oversee the engineer to provide coordinated MEP drawings for the project. The engineer is critically important to designing an efficient and functional space. Your architect will also work closely with the contractor to consider cost, quality and lead time of materials, details of constructibility, etc. This needs to be a good working relationship.

Your architect will usually hire/manage/oversee the engineer to provide coordinated MEP drawings for the project. The engineer is critically important to designing an efficient and functional space. Your architect will also work closely with the contractor to consider cost, quality and lead time of materials, details of constructibility, etc. This needs to be a good working relationship.

When should you hire an architect instead of a designer?

If you are…

  • Making changes that impact MEP systems

  • Making changes that impact life safety systems (fire alarms, sprinklers)

  • Making structural and other major improvements (beyond basic cosmetic changes) that will require a building permit

…you will be required to engage a registered architect versus making your own changes, hiring a designer or deferring to your general contractor.

Due to liability issues and city rules, only registered architects can submit plans to the city for review and approval of a building permit. The architect will typically handle the permit application and city approval process with your input.

If you are…

  • Simply changing paint colors

  • Adding shelving and/or other fixtures

  • Swapping out equipment, etc.

…you may not need an architect.

Start by assessing what changes are needed to the premises to determine whether or not a licensed architect is required.

Construction

If you have a trusted general contractor (GC) that assisted you with your due diligence process, you may want to stick with them. They should provide updated pricing as you progress through your drawings and participate in regular design/construction coordination meetings.

Fairly early in the design process (Schematic or Design Development), you should get at least one or two additional construction bids from other contractors. Keep in mind, some contractors may provide lower bids, but may not have the same level of experience or ability to execute in a timely manner. You will need to compare the bids carefully and ask questions.

Ask about the type of contract your contractor uses; there are various ways construction contracts are structured, such as Guaranteed Maximum Price (GMP), Cost-Plus, or Time & Materials (T&M), though GMP pricing is very rare in the retail context. Know and understand the potential risks for cost overruns, omissions, changes you make along the way, etc.

Once you have selected a GC and the architect signed the contract, it’s time to build! If possible, visit the job site frequently and check in with your GC. Use weekly project meetings to stay updated on material changes, obstacles, delays, etc.

Also make sure to be in touch with the Landlord through the build-out period even if it is not written into the lease – things will come up and good communication with the landlord is key for getting through the construction phase and facilitating a strong long-term relationship for years to come.

Ask about the type of contract your contractor uses; there are various ways construction contracts are structured, such as Guaranteed Maximum Price (GMP), Cost-Plus, or Time & Materials (T&M), though GMP pricing is very rare in the retail context. Know and understand the potential risks for cost overruns, omissions, changes you make along the way, etc.

Once you have selected a GC and the architect signed the contract, it’s time to build! If possible, visit the job site frequently and check in with your GC. Use weekly project meetings to stay updated on material changes, obstacles, delays, etc.

Also make sure to be in touch with the Landlord through the build-out period even if it is not written into the lease – things will come up and good communication with the landlord is key for getting through the construction phase and facilitating a strong long-term relationship for years to come.