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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 Before recommending specialist consultants to the client for engagement or before engaging consultants directly, you must obtain and assess information from them on their expertise and suitability for the project. Even though a specialist consultant with whom you have had a successful professional relationship may be included in nominations, it is essential that you satisfy yourself that they are suitable for the particular project.
1.2 The subject matter referred to below, assumes that you are familiar with the specialist consultants' technical ability for this project.
1.3 Send this letter immediately after you receive the client's approval to appoint specialist consultants (refer Guide letter 3).
2. Content
Advise:
- client's name and address
- nature of project
- extent of services and stages sought (leave open for specialist consultant's suggestion or provide a schedule of expected services)
- suggested (or client imposed) program
- special requirements for this project
- proposed method of engagement (through client or direct by you) and conditions of engagement
- required minimum professional indemnity cover
- expected frequency of attendance at meetings or site meetings
- expected deliverables and CAD or BIM standards if applicable
- date fee proposal is expected by.
Request:
- fee basis on which services would be carried out (including hourly rates and disbursements)
- comments on preliminary program
- examples of similar projects highlighting experience
- referees from past projects if not worked with the consultant prior
- details of professional indemnity cover (exclusions) and ability to comply with specific requirements for this project
- name of insurer and expiry date of policy
- nominated key personnel and their qualifications to work on this project
- partner (director, associate etc) proposed for responsibility of this project.
3. Action
3.1 Writing this letter is essential. You cannot recommend appointment unless you are satisfied without qualification (or bias) that each specialist consultant is suitable for the client's project.
4. What happens next?
4.1 Assess information received from each specialist consultant. If it is satisfactory, recommend them to the client. If not fully satisfied, seek more information or an alternative.
5. Are there other possibilities?
5.1 The process of selecting and recommending specialist consultants can be shortened if you carry out your assessment before you recommend to the client that specialist consultants will be needed. The method outlined in Guide letter 3 to Guide letter 5 can be condensed, provided that the essentials are covered. These include:
- assess specialist consultants until you are satisfied and document how this was done
- notify the client that certain specialist consultants are needed and recommend terms of engagement
- agree with the client (before your own conditions of engagement are finalised) on the method of engagement of specialist consultants
- obtain the client's written approval to engage specialist consultants on the agreed terms.
Alternatively, you could set up an in-house register of consultants including generic information that applies to all projects to reduce the proposal requested to project specific information. A typical consultant management system would include:
- company ABN and CRN
- details of professional indemnity cover
- name of insurer and expiry date of policy (ensure that this is kept up to date);
- nominated key personnel and their qualifications
- records of past performance.
6. What can happen if you don't?
6.1 Problems can occur when architects fail to clarify whether the specialist consultant will be contracting with the architect as a sub consultant or with the client as a secondary consultant. If you do not clearly establish the method of engagement, particularly for secondary consultants, and obtain prior approval for engagement of specialist consultants, you may be liable for their fees.
Problems can also occur when architects recommend consultants without doing their own due diligence. In some jurisdictions unlicensed persons are not entitled to be paid which is a significant risk when they are engaged as a sub consultant. Similarly, it is prudent that the architect tracks their consultant’s insurance policy to mitigate any risk of it lapsing.
7. Copies
7.1 Architect's file
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