Architect selection and commissions

This advice provides a framework of information useful in client selection, and outlines how architects can be invited to work for clients. See Working with an architect for further information.

The most common selection methods include:

• tender, where cost is the main criteria
• design competition as part of a tender (free design) - caution with this method and anything that seeks free design
• invitation, either open or select
• referral (by former clients)
• return business
• accredited architectural competition (Institute endorsed)
• quality based selection (QBS).

Determining whether to accept a commission is an important process to mitigate potential issues and to prevent poor client-architect relationships and bad project outcomes.

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Accepting commissions

A good client-architect relationship is the essence of a successful project. 'Problem jobs', jobs that go wrong or drag on, jobs that end in arbitration and litigation and bitter client-architect relationships can often be traced back to lack of care on the part of the architect in accepting a commission. Establish an open line of communication with your client at the outset.

• Have you dealt with the client before?
• Does the client have previous building experience?
• Are you comfortable with one another and is your conversation open and straightforward?
• Is there mutual respect and the basis for developing mutual confidence?
• Will you be proud to be associated with this client and project?
• Are you comfortable with the client's stated aims, expectations and budget?
• Does the client align with your mission and values?

Explain to the client the nature and extent of the services offered and the fees to be charged (noting specific exclusions and inclusions).

Ask yourself:

• Do you understand the client's objectives?
• Are you confident you can meet the client's requirements within the budget? If not, is the client flexible or is budget the main driver?
• Does the client fully understand your services and your responsibilities? Are your services partial services only?
• Does the client fully understand their responsibilities?
• Does the client understand the fees for services, their calculation and the method for varying the fees?
• Are you satisfied your fees will be adequate for service?
• Do you feel comfortable in raising fee and services related issues?

Determine the client's capacity to finance the project. Endeavour to determine their prior record in meeting obligations.

• Is the project speculative?
• Are you aware of grant money, donor money, low interest loans or government funding or any other organisations funding that the client is financing the project with?
• If funding by an external organisation, are there additional submission requirements these bodies may require to assist with granting the finance? Will this project only proceed if finances are approved?
•  Are your fees linked to the success of the project?
• Have colleagues had problems collecting fees from this client?
• Are you bidding for the work?
• Is the client paying for the other secondary consultants or do you have to employ subconsultants ?
• Is the client building cheaply and intending to sell quickly? Or seeking value for money.

Consider whether you have the training, experience and capacity to take on the commission.

• Do you have or can you obtain the knowledge for this type of project?
• Are there special code requirements?
• Do you have the capacity to meet the program?
• Do you have the software to meet the program?

Obtain a written agreement, preferably using the Institute's Client Architect Agreement. Client and architect agreements are now mandatory in most jurisdictions.

Discuss the contents of the proposed client-architect agreement and note the following issues:

• Identification of the parties – who is the actual client?
• Allocation of responsibilities – for both parties
• Description of services – itemise the deliverables
• Remuneration – review the fee calculations
• Variation of services – confirm the variation procedure
• Dispute resolution – agree the procedure
• Termination – acknowledge the possibility
• Are all aspects and scope of the agreement covered in writing?
• Are exclusions and inclusions clear?
• Are disbursements and all inclusive costs clear?
• Are there services for which you are not qualified and are these adequately covered by other specialist consultants?
• Are there services which may not be covered by professional-indemnity insurance?
• Is the agreement equitable?
• Are you to be novated?
• Are you ok if the client only wants to agree to partial services, or engage you up to a certain stage, prior to commencing to the next stage?
• Is there a clear project brief? Or are you assisting the client in drafting the brief? Have you allowed for this within your scope of work and fees?

If a potential client proposes an alternative agreement to the Institute Agreement, make sure it is fair and insurable.

The list above does not cover every situation, nor additional questions you may have. You may also have some areas of concern in the list, and choose to accept the risks of the commission in any case. Having an awareness of the risks allows fyou to assess if the client is suited to you and your practice. Clear communication and understanding between you and your client allows for a greater chance of a successful project. See Acumen note Client and architect relationship.

Most professional-indemnity policies have a 'proximity or related entity' exclusion, which generally applies when a claim is made against an architect by certain relatives and related entities, including a company or trust that is operated or controlled by the insured or by employees, nominees or trustees of an insured. Planned Cover advise that to minimise risk you should contact your broker if you are considering working for a relative or related party, to discuss whether your insurance will cover you for the proposed work.

Client invitations

Client invitations are those limited to a request for the architect's credentials – not those requiring the preparation of preliminary designs or other architectural work which may be more properly regarded as competitions. Types of client invitations include:

• Open – An invitation may be a classified advertisement in the 'Tenders' or 'Public Notices' section of a newspaper. It may also be in block form elsewhere in the publication to attract wider attention.
  The advertisement usually invites architects to submit their details for the purpose of selection for a particular project. Generally, an outline brief is then supplied to respondents, providing more details about the project and the information required.
• Select – In this case the client compiles a list of architects and contacts each, providing details about the project and the selection process, and invites submissions. The invitation may give the names of the others on the list, or it may state 'You are one of a number of architects selected'. Sometimes there may be no indication that other architects have been invited to submit.
• Staged – There is an increasing tendency to use a staged selection process, especially for major projects. Stage one is commonly an open request for expressions of interest – often a newspaper advertisement asking architects to register their credentials for selection. Stage two involves selection of a shortlist chosen from the respondents in stage one, and an invitation to make a more detailed submission. This more detailed submission generally requires specific practice background information, firm or indicative fee proposals and details about team members who would work on the commission.
• The Qualification Based Selection (QBS) process is also increasingly used by clients wishing to ensure that their selection is fair and appropriate, and that the final decision is fully accountable. See Acumen note Quality Based Selection – why use?

For further information, see the Institute’s Procurement of architectural services page.

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What to include in a submission

Whether specifically requested or not, submissions will commonly include (although are not necessarily limited to) the following:

Factual information

Practice contact details, including name and address, telephone numbers, email and website address, history of the practice, details of the directors, partners and staff, practice experience and areas of expertise, management structure and quality-control procedures, Sustainability Action Plan (SAP), Reconciliation Action Plan (RAP) and any other action plans.

Practice philosophy

A statement on the philosophy of the practice – its vision and the management procedures it adopts to achieve and uphold those aims, including environmental, sustainability and cultural values. A few lines on the importance of planning to meet the client's requirements and to highlight the client's role in the design process should be included.

Completed projects

A list of completed projects of a similar size, complexity and cost or a list of all commissions completed in recent years by the office, according to building category. However, don't breach the confidence of your other clients by divulging a project's costs or details, without their approval.

Key personnel

Profiles of key personnel who contribute to the output of the office. Names of subconsultants/ secondary consultants and details of their experience which may also be relevant to the project.

Visual/ Illustrations/ artists impressions

These may include photographs, flythroughs, video records of other projects with which you have been associated that could be relevant to your submission. Your potential client could be directed to your website to view examples of your work.

References

A list of client references, with telephone numbers and addresses. The list may also include names of non-clients with community standing who can verify the achievements of the practice. Always ensure that you have the permission of your referees to provide their details for contact by potential clients.

The individual response

Each client has specific requirements and submissions should address responses to each, to demonstrate appreciation of what is required for the project.

The submission should therefore include material prepared specifically for the project. This requires study of the brief, the site and any other sources of information available, and the use of this research in preparing the statement.

A submission tailored to specifically target the needs of the project will be more effective than a standard document.

Presentation

Quality presentation need not be expensive; it should be the result of a simple planning process, within your budget limits. Physical and digital documents could include sketch plans and perspectives and any other media you work within. Poor presentation, spelling errors, low-quality paper and/or low-quality digital renders and poor-quality photographs will give a potential client a negative impression.

Make sure of the correct address, closing date and time for your submission. Check whether lodgement in person or other electronic means is permitted. Always allow a contingency period for such things as staff unavailability, office equipment breakdown or power failures. If using a courier or your own office delivery methods, ensure there is enough time to allow for emergencies, traffic delays and parking difficulties.

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Further resources:

• Working with an architect
• Procurement of architectural services