A person who is registered with the relevant Architects Registration Board (or equivalent) in their state or territory.
A document provided by the client that describes the client's requirements for a project including accommodation, cost and program.
A person who engages an architect to provide architectural services.
A person who is consulted for paid, expert advice and related services.
A sum of money included in a building contract or preserved outside it for expenditure, if necessary, on matters unforeseen at the time that the contract price was calculated.
A sum of money allowed in the project budget to cover the cost of matters that are unknown or unresolved at the time the budget is established. The design contingency will typically be proportionally high early in the design process and reduce as the design develops.
Contract documents include: a particular written contract, including the agreement between the owner and the contractor, any special conditions, the drawings and specifications, and any other relevant documents.
The total amount including GST paid or to be paid by the owner to the contractor.
A builder or other trade who carries out the construction work under a construction contract. A contractor can be a head contractor or a subcontractor.
The actual net cost of the works excluding any amounts for GST.
A judgement or forecast of the cost of a project based on knowledge, experience and available information.
A person who has completed a recognised architectural qualification, but who is not registered as an architect under the relevant Architects Registration Board (or equivalent) in their state or territory.
Goods and services tax levied under the GST Act - A New Tax System (Goods and Services Tax) Act 1999.
Usually defined as an opportunity to witness an activity or item for which the contractor is required to give notice. The contractor must not proceed further without the approval of the architect.
A physical condition on, underlying or adjacent to the site which a reasonable contractor would not have anticipated if the contractor had examined the site information and inspected the site before starting/commencing works.
An agreement between parties to a contract, to substitute one of the original parties (the outgoing party) with a new party (the incoming party) and at least one party continues on under the contract (the continuing party). The original contract ends and a new contract is formed on the same terms between the incoming party and the continuing party. Typically, the owner is the outgoing party, the architect is the continuing party and the owner’s head contract is the incoming party.
Payments made 'on account' are payments that are provisional as a partial advance payment to the final price. In the construction context, a payment made 'on account' does not signify that the person paying the amount accepts the work or services the invoice relates to. This leaves it open for the principal, or the head consultant, paying the invoice to later claim defects in the work or a shortfall in the standard of the services.
Usually, the owner of the land. However, in some building contracts such as for a tenancy fit-out, one party is called 'the owner' but they do not own the land. Instead they own the works as a leaseholder or tenant or a licensee of the land owner. In every case the owner has legally enforceable rights in connection with use of the land or a building on it.
An individual or company selected by the owner and specifically identified in the building contract as the subcontractor whom the owner wants to perform work or services or to supply and/or install an item forming part of the works under the building contract.
A consultant, often the architect, whose responsibilities include direction and coordination of the work of specialist consultants. The primary consultant is in contract with the client.
A sum included in the contract for a foreseeable 'off the shelf' item, the precise identity of which was not known or had not been decided at the date of the contract.
A progress payment is a payment under a contract or client-architect agreement for work partly completed.
An amount established by the client which represents the total available funds for the project including building costs, provisional sums, escalation, contingency sums, consultant's fees, GST, furniture and equipment, approval costs and any other cost, allowance or item defined by the client.
A sum included in the contract for foreseeable work, which could not be fully described at the date of the contract, because some details were unknown.
A consultant whose work is subject to the direction and coordination of the primary consultant. The secondary consultant is in contract with the client.
A separate contractor is an individual or company who contracts with the owner to perform some aspect of the works under a building contract. A separate contractor is not a subcontractor to the (head) contractor.
A consultant who is a specialist in a particular field. Such consultants contribute to parts of the design but generally not the whole design. When engaged, the specialist consultant will become either a secondary consultant or a subconsultant.
A consultant whose work is subject to the direction and coordination of the primary consultant. The subconsultant is in contract with the primary consultant.
An individual or company (under contract to the head contractor) who performs work or services or supplies and/or installs an item forming part of the works under the contract. The (head) contractor is responsible for the selection, engagement, supervision, performance and payment of all subcontractors in accordance with the contract. Subcontractors do not include any individuals or companies directly engaged and paid by the owner for work outside the contract. These are separate contractors.
An offer to perform work and/or supply goods at a given price, usually made in writing.
A change in the scope of works, the order of precedence of the contract documents, or to dimensions, levels, materials, details, workmanship or quality of any part of the works.
Usually defined as an activity or item for which the contractor is required to comply with requirements and confirm and record compliance or to identify and rectify a default or non-compliance before proceeding.
A warranty is an undertaking that one's work or product attains a certain standard. If the subject of the warranty is found to be other than as warranted, liability may be either expressed or implied. A warranty involves two parties and applies to the warrantor’s own work or goods.
Usually defined as an opportunity to witness an activity or item for which the contractor is required to give notice but which involves no obligation of the architect to witness (ie after the period for notice, the contractor may proceed with the activity or item).
The activities, labour or processes involved in construction of the works.
The completed construction as set out in the contract documents. Generally works can be seen as the product of the work carried out under the contract.