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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. Just as you should have your appointment confirmed in writing, so should the sub consultants that you engage on the project.
1.2. This also applies to secondary consultants appointed by the client. As mentioned in Guide letter 6 it is essential that their conditions of engagement are compatible with yours.
1.3. Send this letter only after you have a satisfactory response from the specialist consultants (refer Guide letter 4) and written approval from the client (refer Guide letter 5).
1.4. There may be a combination of secondary consultants and sub consultants on a particular project and it is essential to confirm each appointment appropriately.
2. Content
Confirm:
- conditions of engagement as outlined in either Guide letter 5 or Guide letter 6
- who is engaging the specialist consultant, the client or you
- extent of services that are agreed
- basis of fees, when fees become due and when they are to be paid (refer Guide letter 4, Guide letter 5 and Guide letter 6)
- the program that is to be met and consultants' agreement to compliance
- names of responsible personnel in specialist consultants' offices.
Request:
- Certificate of Currency of professional indemnity insurance (note: beware of reviewing actual policies as this should only be undertaken by insurance specialists)
- written acceptance of conditions of engagement above.
Advise:
- each specialist consultant (as appropriate) of the name, address and personnel of other specialist consultants involved with the project
- specialist consultants' meeting dates and frequency, who is required to be present, location, purpose.
3. Action
3.1. You should write this letter and obtain written acceptance irrespective of the method of engagement of specialist consultants.
3.2. If the client directly appoints secondary consultants, you must have a copy of the agreements and written confirmation of your responsibilities to the client regarding secondary consultants appointed by them.
4. What happens next?
4.1. Once you have received written acceptance of the conditions of engagement from each specialist consultant, a copy of the professional indemnity insurance Certificate of Currency and anything else requested, convene the first consultants’ meeting (refer Guide letter 4 and Guide letter 5).
5. Are there other possibilities?
5.1. This procedure may appear time-consuming and can be streamlined for certain projects by combining letters. However, before you take any shortcuts think about the implications below. Allow adequate fees for this aspect of the project and itemise if necessary the time allocation in the fee proposal.
6. What can happen if you don't?
6.1. If you fail to confirm the details of appointment of specialist consultants, conflict could arise over the terms of engagement.
6.2. Similarly, this could cause disputes over liability for payment of fees.
6.3. Inadequately insured consultants could leave you liable for their negligence.
6.4. If you do not confirm in writing you may lose control of the management of your team (a written confirmation provides proof of what was agreed).
7. Copies
7.1. Architect's file
7.2. Client
Disclaimer
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