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Guide letters provide advice about matters architects should consider when composing letters to the parties involved in architectural projects.
1. When and how?
1.1 Write this confirmation letter as soon as you and your client have agreed on the terms and before you commit to work, to minimise any risk that you will not be paid.
2. Content
Refer to:
- previous discussions and agreement on terms and conditions of engagement, type of document forming the agreement (refer Guide letter 1).
Advise:
- agreed conditions of engagement, scope of services and fees (attach completed form including fee exclusions).
Request:
- confirmation of project budget if not shown in agreement; and
- formal execution of the agreement or a confirming letter from the client.
3. Action
3.1 Complete all items in schedules or annexures. It is usual to execute two complete copies of the agreement and any attachments.
4. What happens next?
4.1 Obtain written confirmation from the client before proceeding with work on the project, or accept if you do proceed that you are risking non-payment. If the client does not sign the agreement or separately confirm in writing you can ask the client to countersign your letter and return a copy to you.
5. Are there other possibilities?
5.1 If the client resists agreeing on, or signing, anything to confirm the conditions of engagement, you may commence work in good faith, provided that the client has not made an alternative proposal to you (keeping in mind the risk of non-payment as outlined in item 4 above). However, in these circumstances, it is prudent to confirm in writing your intention to undertake a task specific to the project, such as taking measurements. If your client makes an alternative proposal you should consider stopping work or not commencing it until your terms of engagement are fully resolved, because your continuance is likely to indicate your acceptance of the client's alternative proposal.
6. What can happen if you don't?
6.1 Most disputes between clients and architects are caused by the lack of a well-defined agreement before the project commences. Without a confirmed client-architect agreement there is increased risk that you will not be paid for your work and that disputes or other difficulties may arise.
7. Copies
7.1 Architect's file
Ensure the agreement is in duplicate, that transmission of the client's copy is recorded and that your copy is located securely in your office or digitally.
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