Read time: 2 minutes
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 Prior to the employment of a clerk of works you should first obtain your client's agreement in principle of the need for this appointment (refer Acumen Guide letter 17) and then seek written applications from potential candidates.
1.2 The best option is to appoint the clerk of works prior to tendering, advise the tenderers and incorporate special contract conditions for the use of a clerk of works. However, where this has not been indicated prior to acceptance, the agreement of the contractor should be sought. An instruction could be issued during contract administration, but this could lead to a variation and potentially to a claim to adjust the contract.
2. Content
Advise the contractor of:
- your client's intention to employ a clerk of works
- name and address of the proposed clerk of works.
Request:
- notice of contractor's acceptance of the nominated clerk of works within three days of receipt of your advice.
3. Action
3.1 This letter is essential for all projects where it is intended that a clerk of works will be employed after the contract has commenced.
4. What happens next?
4.1 After either receiving the required notice from the contractor or after the required time for notification has lapsed, you should assist your client to appoint their chosen candidate.
4.2 The contractor should be requested to provide the necessary facilities for the clerk of works.
5. What can happen if you don't?
5.1 The writing of this letter may be construed as a condition precedent to the contractor allowing the appointed clerk of works onto the site. If an appointment is made without the contractor’s approval and an objection is then made at the commencement of the building operations, it could lead to delay and expense.
6. Copies
6.1 Architect's file
6.2 Client
Disclaimer
This content is provided by the Australian Institute of Architects for reference purposes and as general guidance. It does not take into account specific circumstances and should not be relied on in that way. It is not legal, financial, insurance, or other advice and you should seek independent verification or advice before relying on this content in circumstances where loss or damage may result. The Institute endeavours to publish content that is accurate at the time it is published, but does not accept responsibility for content that may or has become inaccurate over time. Using this website and content is subject to the Acumen User Licence.