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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. Some clients may wish to appoint their own specialist consultants for a project. In some cases specialist consultants may be appointed as secondary consultants, before the architect is appointed.
1.2. It is essential that you have control over secondary consultants for coordination and that the terms and conditions of their engagement are compatible with those you have negotiated with the client. Otherwise you will have difficulty carrying out the professional duties outlined in Guide letter 1 and Guide letter 2.
1.3. Therefore, the conditions of engagement of secondary consultants must be acceptable to you and the client and this may require some negotiation.
1.4. Send this letter as soon as you become aware of the client's appointment of or their intention to appoint secondary consultants for the project (refer Guide letter 3).
2. Content
Advise:
- need for conditions of engagement of secondary consultants to be acceptable to you and compatible with your conditions of engagement with the client
- that until you have had the opportunity to check the professional suitability of the nominated secondary consultants you cannot recommend their engagement (just as you would check your own nominations).
Recommend:
- method of engagement of secondary consultants
- method of dealing with secondary consultants' fee accounts.
Request:
- details of each nominated secondary consultant proposed to be appointed by the client
- details of each secondary consultant's conditions of engagement
- extent of service by each secondary consultant as envisaged by the client
- contact names at each secondary consultant's office
- client’s agreement for architect to contact each secondary consultant on such matters as:
- professional indemnity insurance cover and exclusions
- copyright and moral rights issues
- suitability to carry out project
- adequacy of technical resources
- references
- ability to comply with agreed program.
Confirm:
- only when you are satisfied that no conflict exists with your conditions of engagement that you are willing to carry out your professional duties (this should be resolved prior to sending this letter)
- chain of command – what responsibilities you will and will not have concerning these secondary consultants and their services.
3. Action
3.1. This letter is essential where secondary consultants are proposed, otherwise conditions may be imposed on you over which you have no control that could prevent you carrying out your professional duties, and increase your liability.
4. What happens next?
4.1. Advise the client of your investigations and the implications arising from them. If there are conflicting conditions, advise a resolution and seek client's agreement (refer also 5.1 below).
5. Are there other possibilities?
5.1. This letter could be split in two: a first letter, to acquaint the client with the matters raised above; and a second letter when everything has been clarified, to obtain confirmation.
5.2. Instead of agreeing to conditions of engagement with which you may not be entirely happy, suggest conditions of engagement which are compatible. Advise the client that instead of them appointing secondary consultants, you can act on their behalf (refer Guide letter 3 and Guide letter 5).
5.3. Advise the client that you could directly engage the specialist consultants as subconsultants. Note: confirm your cash flow and insurance capacities prior to making this suggestion (refer Guide letter 5).
6. What can happen if you don't?
6.1. If you fail to identify, evaluate and resolve potential conflicts arising out of the conditions of engagement of all specialist consultants, you may at the very least be limited in the effectiveness of the professional team engaged on the project. You are the primary consultant – the person from whom the client seeks advice.
6.2. Unless the client agrees for you to advise them freely on possible deficiencies or conflicts in secondary consultants' services, and conflicts are resolved before proceeding, it will be difficult for you to fulfil the terms of your agreement with the client.
7. Copies
7.1. Architect's file
Disclaimer
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