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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 Subconsultants are in contract with you and are your responsibility. Secondary consultants are in contract with your client. It is important for the client to be fully aware of their contractual relationships with all parties, particularly secondary consultants. If secondary consultants fail to perform or are negligent, they are responsible directly to the client.
1.2 Your client must know as early as possible (preferably before the Guide letter 1 is written) what your recommendations are regarding the engagement of specialist consultants. For this you have to be certain of the resources needed to design, document and administer the project.
1.3 On some projects the client may nominate all or some of the specialist consultants.
1.4 You should ensure the client is informed about the specialist consultants' fees they are likely to incur.
2. Content
Refer to:
- the need for certain specialist consultants on this project.
Advise:
- details of what specialist consultants are needed and reasons for their inclusion;
- with whom the specialist consultant will contract and who is to arrange it;
- applicable fees and when they are due;
- applicable terms and conditions of engagement of each specialist consultant; and
- when appointment of specialist consultants will be required.
Recommend:
- specialist consultants be selected by the architect as the primary consultant responsible for coordination and explain why; and
- how specialist consultants will be engaged – by the client or the architect.
Request:
- the client approve the above and advise when such approval is needed for the agreed program to be achieved; and
- names of any specialist consultants the client may wish to have included in the project team.
3. Action
3.1 Writing this letter is desirable, unless it is superseded by direct action (refer Guide letter 5).
4. What happens next?
4.1 If the client agrees to your proposals (or amended proposals) you need to provide more details. You should therefore send a letter to the specialist consultants requesting further information (refer Guide letter 4).
5. Are there other possibilities?
5.1 If the client nominates some or all specialist consultants it would be prudent to inform them that as project leader/primary consultant you must check their experience, performance to program and similar information before you can recommend that they be engaged.
5.2 This letter can be incorporated at the Guide letter 1 or Guide letter 2 stage.
5.3 Where the architect appoints and pays the specialist consultants, they become subconsultants to you. You have more control, but you must also pay them regardless of whether you are paid by the client (particularly under Security of Payments Acts in some jurisdictions). Further, if the specialist consultant fails to perform or is negligent, you are responsible to the client for their performance. It is essential that you advise your insurer if you wish to engage subconsultants, as your policy may need to be revised to incorporate the additional risk.
6. What can happen if you don't?
6.1 You do not have the right to appoint any subconsultant as agent for the client unless your client has expressly agreed to this, preferably in writing. The client and architect agreement is the logical and appropriate place to do this (refer Guide letter 2).
7. Copies
7.1 Architect's file
Disclaimer
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