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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. Use this letter when you intend to approve a secondary consultant’s engagement on behalf of the client.
1.2. You should always obtain written approval from the client before incurring expenditure in respect of secondary consultants' fees (refer Guide letter 3 and Guide letter 4). It is not necessary to do so for expenditure of subconsultants' fees, although it may be prudent to confirm with the client a work commencement date so that the client is informed of progress on the project. It may also be a term of your engagement to advise the client of the names of your selected subconsultants prior to their formal engagement.
1.3. This letter should be sent before any secondary consultant is engaged by or on behalf of the client or before any specialist consultants' fee liability is incurred by any party.
1.4. This letter should be sent as early as possible in the proposed program.
1.5. This letter should follow the one outlined in Guide letter 3, after the client has agreed to engage specialist consultants.
2. Content
Advise:
- specialist consultants required for project (refer also Guide letter 3)
- proposed fees, terms and conditions of engagement (if specialist consultant is to be engaged by the client this information is also required; refer Guide letter 3)
- your responsibilities regarding specialist consultants
- client responsibilities generally regarding secondary consultants
- your specific responsibilities regarding subconsultants
- when approval is needed to allow agreed program to be met.
Recommend:
- details of each specialist consultant, referring particularly to the status of their professional indemnity insurance cover
- how specialist consultants' fees are to be paid, by whom and when.
Request:
- approval by client
- the client to confirm that they understand their different relationships with the secondary consultants and subconsultants.
3. Action
3.1. The letter suggested in Guide letter 3 is not sufficient alone, but in some circumstances this letter could be combined with it. You should write a letter of this type as a matter of good business practice and as your client's adviser on such matters.
4. What happens next?
4.1. If you are paying the specialist subconsultants fees and obtaining reimbursement from your client (and your agreement with the client has been completed) you now engage the specialist consultants (refer Guide letter 7). Remember to include in your overall fees a suitable component for the additional administration of the specialist subconsultant invoicing and payments and the additional risks being undertaken.
4.2. If the client pays the secondary consultants it is your responsibility to assist the client to enter into a formal agreement with each specialist consultant (refer Guide letter 6). Remember that your role is limited. If there are legal questions about the proposed agreements you should recommend that your client obtain legal advice.
5. Are there other possibilities?
5.1. The two alternatives have been mentioned in 4.1 and 4.2 above.
5.2. If the client wishes to nominate one or more specialist consultants and proposes to enter into agreements with them, refer to Guide letter 6.
6. What can happen if you don't?
6.1. If you do not obtain the client's consent to engage secondary consultants on their behalf you are exposing yourself to liability for payment of their fees.
6.2. If you don't advise the client of the names and qualifications of subconsultants you intend to engage you may risk them being judged unacceptable by the client (eg previous incompatibility for whatever reason) resulting in wasted time and effort. Take care that this advice for the client is not a term of your own engagement.
7. Copies
7.1. Architect's file
7.2. Specialist consultants
Disclaimer
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