ARCHITECTURAL SERVICE BETWEEN CLIENT AND ARCHITECT

1. ENGAGEMENT
CONTRACTING PARTIES
1.1. Project
Project name
Project location/physical address
Project reference number
1.2. Client
Company/client name
Physical address
Postal address
Telephone
Email
1.3. Architectural professional
Name of architectural company
Name of architectural professional
Physical address
Postal address
Telephone
Email

2. OBLIGATION OF THE PARTIES:-

2.1CLIENT’S OBLIGATIONS:-

PROVIDE INFORMATION:-
The Client will as soon as practicable or as required by this Agreement:
 Make available to the Architect a Design Brief and all relevant instructions,
information.
 Answer queries made by the Architect relating to the Design Brief which will define
the Client’s requirements in connection with this Agreement.
 All and any instructions to the Architect must be in writing.

APPOINT A REPRESENTATIVE
The person named in Schedule F, or any other person the Client nominates in writing, will act as
the Client Representative and will have authority to act on behalf of the Client for all purposes in
connection with this Agreement.
ENGAGE OTHER CONSULTANTS
The Client must engage any other consultants whose services are required for the completion of
the design and documentation of The Project unless otherwise agreed in writing between Client
and Architect.
2.2 ARCHITECT’S OBLIGATIONS:-

PROFESSIONAL STANDARD OF CARE:-

The Services provided by the Architect shall be technically sufficient and complete.

The standard of care required of the Architect in the provision of the Services is that of
reasonable skill and diligence in accordance with The Architects Act 2003 and the practice of the
Architect’s profession.

The Client is relying upon the Architect’s knowledge, skill and judgment in the provision of the
Services to result in the Project being fit for the Client’s purpose and use at the Site, as described
in The Design Brief

KNOWLEDGE OF REQUIREMENTS OF THE CLIENT:-

The Architect must use all reasonable efforts to inform itself of the requirements of the Client
and must regularly consult with the Client during the performance of the Services.

PERSONNEL:-
The Architect must ensure that all personnel engaged by it in connection with the Services are
appropriately qualified, competent and experienced in the provision of the type of services
required by the Client.

PROGRAMME
The Architect must submit to the Client a Programmme for the performance and completion of
the Services consistent with Schedule D

TIMELY PROVISION OF SERVICES

The Architect must perform the Services expeditiously and in accordance with the Programme.

DELAY
As soon as practicable after becoming aware of any matter which is likely to change or which
has changed the scope or timing of the Services, the Architect must give written notice to the
Client detailing the circumstances and extent or likely extent of the change or delay.

ALTERATIONS TO APPROVED DOCUMENTS

The Architect must not make any substantial alteration to, addition to or omission from the plans,
drawings, layouts, designs, specifications or other material previously approved, without the
prior written approval of the Client

CLIENT’S MATERIALS
The Architect must protect and keep safe and secure all materials and documentation provided
by the Client to the Architect.
CO-OPERATION BY THE ARCHITECT
The Architect must liaise, co-operate and confer with others as directed by the Client.

ARCHITECT’S RELATIONSHIP WITH THE CLIENT

The Architect must not act outside the scope of the authority conferred on it by this Agreement
and must not bind the Client in any way or hold itself out as having any authority to do so,
except where authorized by this Agreement.

STATUTORY REQUIREMENTS
The Architect must ensure that all work done in connection with the Services complies with the
requirements of all applicable legislation, codes and Authorities’ requirements and all relevant
Australian Standards applicable to the Services.

ACCESS TO ARCHITECT’S PREMISES

The Architect must, at all reasonable times and upon reasonable notice, permit the Client access
to the Architect’s premises in order for the Client to inspect, discuss and assess material
produced in connection with the Services.

ACCESS TO ARCHITECT’S PREMISES

The Architect must, at all reasonable times and upon reasonable notice, permit the Client access
to the Architect’s premises in order for the Client to inspect, discuss and assess material
produced in connection with the Services.

WITHDRAWAL
The Architect shall withdraw from the provision of part or all of the Services if the Architect
reasonably believes that the provision of such would require the Architect to act:
a) in a manner that the Architect considers unethical, or
b) in contravention of The Architects Act 2003, The Architects Regulation 2004, or The Code of
Professional Conduct pursuant to the Act.

ARCHITECTS CODE OF PROFESSIONAL CONDUCT

The Architect shall make available to the Client the Code of Professional Conduct pursuant to
The Architects Act 2003 and The Architects Regulation 2004.

SERVICES TO BE PROVIDED:-
GUIDELINES. The architectural services are set out as per current Professional Fees Guideline
and Framework for the Professional Fees Guideline.

SELECTED SERVICES. The architectural professional shall provide the services selected
below, as well as any other services related to the scope of works recorded here, which may
reasonably be required for the successful completion of the project.

STANDARD SERVICE. The following standard architectural services shall be provided by the
architectural professional:
  Architectural professional
 Principal consultant
 Principal agent
 Full service

Partial service – Where a partial architectural professional service is provided, the following
partial services shall be carried out:

 Design architect & principal consultant

 Working drawings
 Construction and close out
 Other

Partial service – work stages. Where a full service is not to be provided and only a partial
service is to be provided. Where Only a partial service is to be provided, and not a full service,
the following work stages shall be carried out:

Work stage 1:
Inception
Work stage 2:
Concept & viability
(concept design)
Work stage 3:
Design Development
Work stage 4.1:
Local authority Submission documentation
Work stage 4.2:
Construction and tender documentation
Work stage 5:
Construction
Work stage 6:
Close-out

Additional services. The following architectural professional additional services shall be

included in the agreement at an additional fee:

 Special design service

 Special management services
 Special studies Work on existing premises
 Other services

Inspection of works. The following inspection frequency of the works is agreed upon:
 Daily
 Weekly
 Monthly
  Per work stage
 Per part of work stage

Fees:-

Fees for thearchitect’s services willbeon thebasisofat leastoneof the following:

• A percentage of the Cost of Works
• A lump sum fee
• An hourly rate fee
• Ifapplicable, acombination of these
The agreed basis of fees is set out in ScheduleE1. All fees are GST exclusive, with accounts submitted
under this agreement to be tax invoices as applicable.

INSURANCE:-

The Architect shall from within 14 days of the execution of this Agreement effect and maintain a
current Professional Indemnity policy of insurance at a sum not less than $20,000,000 in any one
claim and $120,000,000 in the aggregate.

The Architect shall maintain the policy for at least two years after completion of the Services.
The Policy shall cover all liability which the Architect might incur as a result of a breach by it of
its obligations under the engagement. The Architect’s liability to the Client shall not be limited
or otherwise affected by the terms of the Policy.

CONFIDENTIALITY AND PUBLICITY:-

The Architect must not issue to the media, or to any person not nominated as being directly
associated with the provision of the Services, any document or divulge any information gained
from, or prepared for, incidental to, or in connection with the Project.
Should the Architect wish to submit all or any part of work done in connection with or incidental
to the provision of the Services, for publication in Journals, exhibitions or entry for awards, the
Architect must obtain prior approval from the Client. Such approval will not be unreasonably
withheld.
Should the Client publicise any work brought into existence in the course of the provision of the
Project, where practicable, there will be acknowledgment of the contribution made by the
Architect.

DOCUMENTS:-

Documents prepared by the Architect in connection with or incidental to the provision of the
services shall be delivered to the Client when reasonably requested by the Client. When
documents are offered by the Architect to the Client as meeting requirements of the Engagement
(including but not limited to The Design Brief) then the Architect shall deliver to the Client the
number of copies specified in Schedule E.
CORRECTIONS:-

The Architect shall correct or clarify in suitable form any error, ambiguity or deficiency in any
documents brought into existence in connection with or incidental to the provision of the
Services. The Architect shall not be entitled to an additional fee and must use best endeavors to
carry out the correction or clarification to maintain the Construction Budget.

COMPENSATION FOR DELAY:

The time allowed for carrying out the work as specified in clause 9.1 (a) shall be strictly
observed by the consultants and shall be deemed to be the essence of the contract on the part of
the consultants. The work shall throughout, the stipulated period of the contract, be processed
with all diligence.

NUMBER OF DRAWING SETS ETC. AND COPYRIGHT:

 Detail Project Reports with colored drawings.

 All the Drawings and estimates to be submitted to clients.
 Complete detailed design calculations (structural and other services) including supply
of drawings incorporating subsequent modifications.
 All working drawings for all the components (Good for Construction Drawings).
 Detailed estimates and rate analysis of all works.
 Completion drawings and detailed documents.
 Tender documents/tender drawings as per AIN, GUWAHATI requirements.
 Fabrication Drawings of all equipment if any.
 As built drawings after completion of project.

The Consultant shall supply free of charge to AIN, GUWAHATI all the estimates, details of
quantities (BOQ) detailed designs, reports and any other details envisaged under this agreement,
including drawings architectural, structural, electrical, air conditioning or other services (internal
and external) would be supplied by the consultants as indicated above. Any extra sets of
drawings, if required AIN, GUWAHATI shall be supplied at mutually agreed cost. All these
drawings will become the property of AIN, GUWAHATI. The drawing cannot be issued to any
other person, firm or authority or used by the consultants for any other project. No copies of any
drawing or document shall be issued to anyone except AIN, GUWAHATI and authorized
representative of AIN, GUWAHATI.
TERMINATION:-

TERMINATION BY THE CLIENT

The Client may terminate the Engagement in whole or in part at any time by notice in writing. Except
where termination is for breach of contract by the Architect, the Architect shall be entitled to be
reimbursed by the Client for:
i any amount due (but not yet paid) under the payment provisions of these General Conditions of
Engagement;
ii a reasonable amount in respect of any work performed by it which is not covered by any payment
claim submitted in accordance with the payment provisions of these General Conditions of Engagement.

Except as provided above, the Client shall not be liable for any damages, costs, losses or expenses
whatsoever arising out of, in connection with or incidental to such termination. Nothing in this provision
shall prevent the client from employing another Architect to complete the Services.

TERMINATION BY ARCHITECT

The Architect may terminate the Engagement at any time by writing in the event that: i The Client has
committed a substantial breach of contract; and ii The Client has not remedied that breach within 15
days of the notice in writing from the Architect requesting the breach be remedied.

ON TERMINATION

On termination, any documents, calculations or data prepared by the Architect shall be handed over to
the Client if requested, whether completed or not. The Architect shall retain (1) copy for record
purposes.