At the inception of a project the architect must begin by accepting the commission and then prepare a client and architect agreement and the agreements for each subconsultant.
Agreements which define the services to be provided, the fees to be paid, the responsibilities of the parties and the scope of work are the cornerstone of a successful project. The Institute encourages the use of its client and architect agreements for all projects. Refer the 2019 Client Architect Agreement (CAA2019) and the 2019 Client Architect Agreement for Limited Services (CAALS2019).
Rules of agreements
There are some golden rules for dealing with the business side of an architectural commission. They include:
- Agree fees and conditions as soon as you are engaged. Some architects still commence work before the fees and conditions are agreed, which can lead to ambiguity, disagreement and potentially the loss of part or all of their fees.
- Don't refer to non-existent documents and check the documents you do mention. For example, there is no Australian Institute of Architect fee scale or fee guide and there hasn't been for many years.
- Get your agreement in writing. Failure to do so may even be a breach of a professional obligation. Under the majority of Architects Acts it is a requirement of the regulations that such agreements should be in writing. Check the provisions of the Architects Act, regulations and/or code of professional conduct in your state or territory for similar provisions. Refer Codes of conduct.
- Some professional-indemnity insurance policies contain a provision requiring the insurer to pay or contribute to the legal costs for recovering fees owed to the insured architect. However, a common condition in insurance policies is that there must be an agreement in writing between the architect and the client. Read your professional-indemnity insurance policy and check that the form of agreement you plan to use is adequate.
- It is necessary to notify your client in writing if you are required to proceed (eg in order to meet a proposed program) before a signed client agreement is completed. You should advise that you will proceed in accordance with the conditions stated on your client agreement until the written acceptance is received.
- Use Client and architect agreements published by the Institute.
See also
Disclaimer
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