Partial services - fees

An architect's role is generally an iterative one; review and correction of earlier work is an integral part of the overall service. In traditional full service agreements this process typically extends across several distinct phases over an extended period of time. If the opportunity for iterative internal review is removed, not only does the project suffer, but the potential liability of the architect is increased.

A fundamental requirement of partial services agreements is therefore to limit your liability to the same extent that the client is limiting your opportunity to correct the inevitable inconsistencies and errors that occur during the design process of any bespoke item (Refer Acumen note Errors and omissions). Refining the project through iteration and eliminating (or at least minimising) omissions or discrepancies is part of the design process and this process is continuous through each phase. Refinement of the design is an integral part of documentation.

Reduced or partial documentation

Documentation is an area often sacrificed by the client to reduce fees. It is therefore necessary to clearly define the scope of the reduced documentation and the reduced liability for design refinement, detailing and coordination of services. The architect should clearly identify the point at which they will lose the coordination control and pass this responsibility over to the client.

Providing clarity around who is responsible for the certificates and product selections, product specifications and any Performance Solutions if partial services provided, is important in understanding who takes responsibility for these items.

Partial service documentation procurement methods often rely on trade-package documentation and simultaneous design and construct services packages, which can increase the cost of documentation. Project managers or design managers on these projects often increase the architect's workload by requiring excessive reworking of documents to achieve savings or the generation of multiple design options as part of the decision-making process.

It is recommended that architects limit the number of iterations in the agreement.

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Construction phase services

Construction phase and contract administration services are often undertaken by other building professionals with the architect 'on call' to resolve design-related issues. Architects should avoid responsibility for problems arising from not being commissioned to provide documentation services.

Again, it is essential to include adequate descriptions in the agreement to establish that all parties accept the reduced responsibility of the architect in this case and the consequent reduced liability of any advice given.

You should be suitably remunerated for this 'on call' service and should clarify in writing the limited role in dealing only with the problem at hand. Being called out to solve a problem on site without having had the opportunity to resolve it during design or documentation (so the client could reduce the architect's fee during those phases), should attract an appropriate fee for the level of expertise required to give expert advice under pressure.

Exercise caution when operating in a partial capacity or when requested to issue certificates (Refer Acumen note Requests for issuing certificates). If unsure whether your PI insurance will cover the purely advisory role of performing partial services during construction or providing certification, it is advised that you contact your PI insurer to understand your PI policy terms and conditions.

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Conclusion

Partial services have become a part of modern project service delivery. Architects need to be more prescriptive in the services they provide and be willing to tailor their service to suit the fee, while ensuring the client assumes liability for the reduction in services requested.

You should also highlight to your clients the potential false economy of reducing fees for the minimum amount of service required, to deliver projects, which for legislative and technological reasons are becoming more complex.

Most importantly, responsibility must be apportioned to the party that has the means (financial and otherwise) to minimise that risk through their own efforts.

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