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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 Clerks of works are employed by the client to look after the client's interests on site, and are instructed by and work in conjunction with architects.
1.2 Architects should generally advise their client if a clerk of works is required and a decision should be made prior to completion of the specification so that appropriate provisions can be included.
2. Content
Advise:
- the reasons a clerk of works is needed on the project, eg frequent inspection is not one of the architect's duties
- the provisions of any building contract clauses regarding contractors' rights in respect of the proposed identity of persons to be employed as clerks of works
- the need to provide a special condition in standard ABIC contracts for a clerk of works
- the terms and conditions of employment (for instance, reference may be made to current advice on holiday leave, sick leave, insurances)
- the role of the clerk of works, the extent of their authority and reporting procedures
- when an instruction is needed to proceed.
Recommend:
- that a clerk of works be employed on the project
- the method of selecting a clerk of works (eg advertising).
Request:
- client's instructions
- your client's lawyer prepare the relevant special condition if needed.
3. Action
3.1 The employment of a clerk of works is less common now than in the past, but may be desirable on projects where frequent inspection is considered necessary.
4. What happens next?
4.1 After client agreement you should interview applicants and make a recommendation to the client.
4.2 Prior to appointment of a clerk of works you should first ascertain from the contractor whether they have any reasonable objection to the identity of the candidates you are considering. Alternatively, the name of the selected clerk of works and any necessary special condition of the building contract should be written in the tender documents.
4.3 Upon agreement by both contracting parties, you should issue documents to the clerk of works so they can familiarise themself with the project.
5. Are there other possibilities?
No.
6. What can happen if you don't?
6.1 Employment of clerks of works without authority may cause clients to deny liability for expenditure.
6.2 If clients are not made aware of the correct role of the clerk of works and how it differs from the role of the architect they may not agree to their appointment.
6.3 The contractor may not give access to, and/or reject validity of records kept by the clerk of works.
7. Copies
7.1 Architect's file
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