Guide letter 39: Documenting a project from another practice

1. Caution

1.1 Understand the risks involved in undertaking documentation work that has been designed by another practice before you agree to the commission.

1.2 Confirm that the original design practice has been notified by the client that they do not intend to proceed with their services and that there are no on-going legal proceedings with the original firm or any outstanding contractual matters that will lead to or is still in dispute. Importantly, the client should be made aware of any intellectual property rights that the previous design practice may own which will need to be transferred across to the client.

1.3 As a ‘design and construct’ (D&C) project, it is important to establish your terms and conditions of engagement. For example, is your client a builder / developer or are they looking for your assistance to tender the project and find a builder? Are you to remain employed by the client or novated to the builder? Understand your contractual and professional responsibilities, the risks and conditions of your engagement.

2. When and how?

2.1 The letter should be prepared early in the project, preferably prior to accepting the commission. This is because it is an important step in the process of establishing:

• The full scope of work for the architectural commission, inclusions, exclusions and fees
• Terms and conditions
• The client’s understanding of and willingness to minimise the risks in transitioning the project to new architectural consultants
• The gaps in information provided by the previous design practice.

3. Content

3.1 Advise your client:

If there are any corrupted CAD/BIM drawings, data and conditions that the electronic drawings need to be reasonably workable.

If there are any evident non-complying or incomplete items relating to:

• The National Construction Code (NCC), applicable sections
• State and local codes or authorities
• Safety in design, access and the Disability Discrimination Act (DDA)
• Services and engineering
• Utilities approvals.

If the rectification of any non-compliant items will require a re-submission to local or other authorities or utilities.

If other consultants will need to be engaged to prepare work relating to the above items.

To identify who will be responsible for reviewing and updating the programme in making allowance for the matters raised above.

3.2 Explain the following:

•  Moral rights and copyright obligations relating to Intellectual Property Rights should changes to the original design be requested (see Acumen Practice Note Architects and copyright part 6).
• Gaining compliance with some utilities and authorities may take months and that time and resources need to be allocated for this process.
• Scope of work required to complete the project, which should clearly identify any gaps in the previous design and how the new scope will rectify those gaps
• The fee proposal of your works (if not provided separately).

3.3 Recommend:

• Your client confirms the design has reached a level of completion that satisfies their brief and requirements
• That your client engage suitable secondary consultants to provide specialist services, engineering and compliance advice to allow you to complete the construction documentation to a suitable level of detail and to liaise with service utilities and obtain approvals
• That the client and builder agree at the outset on the suitable level of detail required for construction, site meeting and site inspection attendance and certification requirements
• That a suitable timetable and programme be established that allows for investigation and resolution of the above items prior to documentation and construction commencing.

4. Action

4.1 Prepare this letter at the time of reviewing the project and preparing the initial fee letter to ensure the client is aware of possible time and cost implications of the above items.

5. What happens next?

5.1 If the client agrees to the above actions, assist with preparation of a list of required consultants to be engaged, including certifying authority, to prepare for issue of building approvals and a checklist of items to be supplied prior to issue of building approval/s.

5.2 Confirm your role, final scope and fees. Scope can be defined and limited to a schedule of drawings with a cap set on reviewing shop drawings, etc. Prepare a client and architect agreement.

5.3 Confirm project and client’s preferred procurement process and timetable.

6. Are there other possibilities?

6.1 With the varying nature of each project, there may be other matters and possibilities. There are variations on the D&C process and the agreements made with different client groups, depending on whether they are individuals, private organisations, developers or builders, which can influence the above process. However, the principles remain the same to protect the architect in this situation.

7. What can happen if you don't?

7.1 If you fail to adequately advise your client of the risks and process to establish the full scope of rectification work to undertake when adopting another practice’s design project, the two main risks are:

• You may incur unexpected additional work and potentially losses on the project
• Your client may be forced into re-submission costs and time delays that were not expected and hold you responsible for not adequately advising them of the risks.

8. Copies

8.1 Client issue, Architect's file