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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 As the professional adviser to your client you can recommend appropriate contract conditions and advise on the completion of schedule or appendix items specific to the project. However, your client must make the final decision about contract terms. It is important to advise your client how you intend to complete those parts of the contract requiring details to be inserted, such as the introduction and schedules.
1.2 If your client proposes nonstandard provisions in the contract you should recommend the client obtains legal opinion on the ramifications of the provisions. If your client chooses not to seek legal opinion about nonstandard clauses, you should consider obtaining your own advice, otherwise your position as administrator of the contract may be jeopardised. If your client wishes to alter the detail required in the schedules or appendix in a nonstandard way, you are advised to have your client's lawyer prepare these amended schedules or appendices. Such work does not form part of normal architectural services. Your insurance broker should also be consulted about any non-standard provisions before your client makes a final decision (refer Guide letter 18).
1.3 You should send this letter prior to completion of the tender documents.
2. Content
Confirm:
- the form of contract
- the amendments proposed by your client
- the deletions proposed by your client
- the additional conditions proposed by your client
- details of each schedule item
- implications of conditions which you consider inappropriate
- details proposed to be inserted in the schedules
- items to be subject to the tender submission
- that the instructions to tenderers will refer to the foregoing contract information.
3. Action
3.1 The writing of this letter is strongly recommended.
4. What happens next?
4.1 Include confirmed details in specifications or instructions to tenderers. Tenderers should be fully informed at the time of tendering about the conditions under which they will have to operate.
5. Are there other possibilities?
5.1 If your client is expert in such matters or has access to legal advice, request instructions on special conditions of contract and advise when instructions are needed to maintain the agreed program.
6. What can happen if you don't?
6.1 If you do not confirm special conditions and details with your client, tenders may be unacceptable, resulting in financial loss and/or delay.
7. Copies
7.1 Architect's file
7.2 Specialist consultants (where applicable)
Disclaimer
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