Partial services

Partial services may include: 

• Design only (see Partial services – agreements)
• Design and documentation only (see Partial services – agreements)
• Partial contract administration only (see Partial services – agreements)
• Secondary or subconsultant engagements (see Architects engaged as secondary or subconsultants).

Regardless of the service provided, architects need to be aware of the following:

• Fees
• Agreements 
• Limitation of liability/insurance
• Withdrawal of license (see Partial services – agreements)
• Issuing certificates (see Requests for issuing certificates)
• Copyright and moral rights

Overview

In partial services delivery, it is increasingly common that the architect's role is reduced to the design or design and documentation components of a project. Documentation may include authority approvals, such as lodging planning or development applications and obtaining building permits or construction certificates.

In other instances architects may be commissioned to document the work of others or provide contract administration for projects they have not designed or documented. This may be the result of fee tendering for each phase of a project under the misguided opinion that best value for the client is achieved by obtaining the lowest bid for each phase of a project.

While not the preferred services delivery method, modern practice and procurement methods have resulted in partial services becoming more commonplace. When engaged in partial services, tailor your services, protect your liability and understand your copyright and moral rights, including right of attribution.

Partial services are often encountered where: 

• a project manager assumes part of the role normally undertaken by the architect
• each phase of a project is tendered separately
• the architect is engaged to provide design and documentation services only, and provide advice during construction 'on call' or 'as required'
• non-traditional procurement methods such as design and construct, alliancing, public private partnerships, early contractor involvement or managing contractor are used
• the project is located in an area geographically remote from the architect's work place
• contract administration and certification are undertaken by others.

Where the scope of services is reduced to partial services it is important that the contract agreement is revised to suit, clearly outlining all issues with respect to extent of services, fees and liabilities.

The objectives of agreements for partial services are to: 

• establish the provision of the services the client actually requires or is prepared to pay for
• clearly identify and describe the scope of services to be provided and responsibilities assumed
• identify and describe the scope of services and consequent liabilities that are excluded (and therefore assumed by the client)
• establish a framework to enable variation to the scope of the services as they are modified (this is highly likely to occur under this procurement method, which is generally based on low initial fees for a very limited scope)
• minimise disputes regarding fees through clear early communication of the services being provided for the agreed fees, and by establishing agreed cash flows based on the progressive completion of the services, including the variation services
• minimise exposure to third parties who can cause delay and extended programs which are outside the control of the architect.

Services to be included or excluded in the scope of work should be clearly identified to the client as well as associated fees for any additional services provided. The Institute's Client Architect Agreement for Limited Services (CAALS2019) provides the columns: ‘Included’ ‘Excluded’ and ‘Additional’ so that you can clearly capture and identify for your client what services are included in the fee you’ve agreed from the outset and which services are available at an additional cost or fee.

Reimbursable expenses should also be clearly identified or excluded.

Insurance advice

In all cases, advice should be sought from professional indemnity (PI) insurers. Most PI insurers will have limitations on liability and can provide input to any agreements.

Building contracts

Unless special conditions are incorporated, ABIC contracts are generally unsuitable for use where an architect is not to administer the contract.

It is important to ascertain what form of contract is to be used and to document accordingly.

Copyright and moral rights

Copyright

Documents prepared by the architect are usually for use once only on a particular site, unless there has been a prior arrangement with the client to the contrary. As copyright in the design remains the property of the architect, the client has a licence to use the design on the specified site only. You should ensure that this is clearly understood by the client.

Also refer Copyright

Moral rights

Ensure that proper attribution of the authorship of the design will be made. You should also ensure that the client does not publish or infer in any way that you have done more than the services actually provided.

Where you have not documented or administered the project, any form of public notice such as a job sign should state the name of the person or organisation responsible for contract administration to ensure that the public understands that the design architect is not responsible for the contract administration.

Also refer Moral rights