Featured on this episode:

• Find out more about Wendy by visiting her websites www.estelalaw.com, www.designedcounsel.com and following her on IG @estelalaw and @designed_counsel
• Join the wait list for The Designers Edge and my May 5th workshop.
• Grab Your Free Script Guide here
• Access the full video interview with Elana Steele of Steele Appliance here

What you will learn from this episode:

• Why most interior design contracts don’t fully protect designers and what’s often missing

• How scope, warranty language, and payment structure impact your liability

• What designers need to know about construction law and copyright to avoid expensive mistakes

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Interior design contracts tend to fall into one of two categories.

They’re either overly simplified — three or four pages that don’t truly protect anyone — or they’re beautifully designed marketing documents that look impressive but don’t clearly define responsibility.

Neither version is doing you any favors.

When I sat down with Wendy Estela, founder of Estela Law and Designed Counsel™, what became immediately clear is this: most interior designers are operating with contracts that were never built for the construction environments they’re working in.

And that gap is where risk lives.

Why Construction Law Matters to Designers

Today, I’m joined by Wendy Estela. Wendy didn’t begin her career working exclusively with designers. Her background is in construction and heavy industrial projects. She has spent decades navigating disputes, indemnification clauses, contractor agreements, and complex multi-party contracts involving engineers, architects, and subcontractors.

What she noticed when she began working with interior designers was surprising.

Designers are part of the construction industry — but their contracts often don’t reflect that reality.

Contractors have clear licensing requirements. Architects have structured, standardized agreements. Designers, on the other hand, vary widely in how they operate. There’s no universally accepted “industry standard,” which makes it harder for clients, and even other attorneys, to understand what designers actually do.

That misunderstanding shows up later in disputes.

Wendy shared that when she resolves disputes involving designers, she often finds herself educating other lawyers about how the design industry actually works. That tells you everything you need to know about how misunderstood this profession still is.

Scope and Process Are Not the Same Thing

One of the most common contract mistakes Wendy sees is blending scope and process into one long narrative.

Your process is how you work. It’s the sequence of steps you follow on every project, initial consultation, conceptual design, design development, procurement coordination, and installation.

Your scope is what you are delivering on this specific project.

Those are not the same thing.

Scope should clearly define:

• Which rooms are included
• What drawings are provided
• How many renderings
• How many revisions
• What is explicitly excluded

That last part is where many designers get into trouble.

Wendy emphasized that clearly stating what you are not doing is just as important as listing what you are doing. If you’re not selecting plumbing fixtures, say so. If lighting installation is by others, say so. If site supervision is limited to a certain number of visits, define that number.

When exclusions are vague, assumptions fill the gap. And assumptions turn into arguments.

The Danger of “Best” and Other Subjective Promises

Designers are creative professionals, so it’s natural to use expressive language. But contracts are not the place for adjectives.

Words like “best,” “optimal,” or “highest quality” may feel reassuring, but they create subjective obligations.

If your contract promises “the best design for your situation,” you’ve created a standard that can be challenged. Best according to whom? Based on what criteria?

Wendy explained that when clients later say they don’t like something, those words can be used against you. A contract should promise specific deliverables, not emotional outcomes.

You are obligated to provide the services outlined. You are not obligated to guarantee taste.

Warranty Language Designers Rarely Consider

This was one of the most eye-opening parts of the conversation.

Designers typically pass through manufacturer warranties for products. You’re not manufacturing the sofa. You’re not fabricating the tile. The warranty belongs to the manufacturer.

But what about your services?

Contractors warranty workmanship because if something is installed incorrectly, they can physically fix it. Designers do not “re-perform” design services in the same way.

If your contract is silent about warranties for services, you could leave yourself open to claims that you breached a warranty and must redo work or refund fees.

Wendy’s advice is simple: be explicit. You are not providing a warranty for services beyond what is stated. Clarity prevents escalation.

The Contractor Dynamic Designers Must Acknowledge

We also talked about something that isn’t purely legal, but affects legal outcomes all the time.

The power dynamic on job sites.

Construction projects typically involve a triangle: homeowner, contractor, designer. Contractors are on site daily. They control trades. They often control schedule flow. They may have more visible authority.

Designers, especially those who see themselves as consultants rather than managers, can slowly lose footing if they are not careful.

Wendy pointed out that contractors build contingency into their pricing because they expect issues. Designers often price for best-case scenarios. Contractors issue change orders immediately when scope expands. Designers hesitate.

That difference matters.

If you are performing work outside of scope and not documenting it, you are absorbing cost. If your contract doesn’t clearly define how out-of-scope work is billed, you’re relying on goodwill instead of structure.

Structure protects relationships. Vagueness strains them.

The Importance of a Real Schedule

Another area designers frequently overlook is scheduling.

Wendy strongly recommends having an objective project schedule on significant renovations. Not just a finish date, an actual documented schedule with responsibilities and durations.

Without one, delays become finger-pointing. With one, accountability is measurable.

Contractors routinely use detailed schedules in commercial and larger projects. Designers should not be afraid to request them or collaborate on them. It elevates your position and clarifies expectations.

Licensing and Staying in Your Lane

One of the most practical pieces of advice Wendy shared was this: understand your state’s contractor licensing laws.

Before calling yourself a construction manager or supervising construction, know what your state legally defines as contractor work. Some states are strict. Others are less regulated. But crossing into licensed contractor territory without proper credentials can create serious exposure.

Start with your state’s contractor licensing board. Know what requires a license. Make sure your contract language aligns with what you are legally permitted to do.

This isn’t about limiting your services. It’s about protecting your business.

Copyright and Sharing Work on Social Media

We also addressed a question many designers have encountered recently: copyright claims related to sharing images on Instagram.

If you share another designer’s professionally photographed work on your business account, even with attribution, and it supports your business, you may be infringing copyright.

The issue isn’t credit. It’s commercial benefit.

Photographers are increasingly using software to track image usage. Enforcement is becoming more common. These letters are typically not scams.

If you didn’t license the image, you may not have the right to use it.

Why Designed Counsel™ Exists

After years of working one-on-one with designers, Wendy saw a clear need for accessible, industry-specific contract education.

Designed Counsel™ was created to fill that gap. It offers contract templates tailored to interior designers, along with ongoing training and recorded Q&A to address real-world scenarios.

It’s not a substitute for personalized legal advice when you need it. But it provides structure and education in an industry that has long been underserved legally.

The Real Takeaway

This conversation wasn’t about fear.

It was about professionalism.

Interior design contracts are not aggressive tools. They are clarity tools. They define roles, expectations, and boundaries. They elevate the perception of your work. And they protect you when misunderstandings arise.

If you are operating in construction environments, and most of you are, your contract must reflect that reality.

Because when your contract reflects your expertise, your authority increases.

And when your authority increases, so does your protection.

Like this Episode?

Be sure to check out Episode #120: Designer’s Questions Answered – How to Protect Boundaries, Designs & Other Critical Jobsite Questions

Be sure to check out Episode #137: Designers’ Superpower: Crafting Successful Contracts and Budgets

Be sure to check out Episode #219: The Missing Support for Designers Managing Construction Projects