Professional Documents
Culture Documents
Client Details
Name:
ACN/ABN:
Address:
Telephone:
Contact Name:
U
SE
Email:
Facsimile:
Use this clause if Client is an individual
Client signature:
Witness signature:
FO
Date:
Use this clause if Client is a company
N
O
Architect Details 1
ACN/ABN:
O
N
Name:
LY
Date:
Address:
State:
PY
Contact Name:
ABR :
or Builder Practitioner # :
Telephone:
Email:
C
O
Facsimile:
Date:
PL
Witness signature:
Architect signature:
SA
Date:
Project Details
Description of Project (include site address):
1The
names of individual members and directors who are architects are set out in Schedule 3
1
1.1
Architect
Responsibilities
The Architect:
will perform the Services set with reasonable skill and care and in conformity with the normal standards of the practice of
architecture;
(b)
the Architect will perform the Services as agent for the Client, except where the Architect is appointed to provide contract
administration services, in which case the Architect must act impartially;
(c)
will assist in the provision of all relevant information based on the Project Brief to a Cost Consultant engaged by the Client for
the preparation of the Costs of Works for the Project;
(d)
will not make any material alteration to, addition to or omission from the Services without the written consent of the Client
except in case of urgency during construction, in which case the Architect must subsequently notify the Client promptly;
(e)
will maintain accurate records of disbursements and expenses pertaining to the Services on a generally recognised accounting
basis and will make those records available for inspection by the Client at mutually convenient times; and
(f)
will keep the Client informed of the progress of the Project by way of regular meetings, reports and other means and answer
questions and give advice in connection with the performance of the Services on a reasonable basis.
1.2
FO
U
SE
(a)
Entitlements
The Architect:
is entitled to:
(a)
N
O
(i) charge fees for the Services as agreed under clause 6 and submit regular invoices for progressive payment of the
fees due to it under this Agreement;
(ii) charge interest at the rate in accordance with clause 6.2(d); and
(iii) suspend provision of the Services where payment is outstanding in accordance with clause 6.2;
(c)
retains the right to suspend the Services while any of the circumstances referred to in clauses 8(c) to 8(e) exist; and
(d)
will not be liable for any consequential or other damages arising as a result of any suspension of the Services whilst asbestos
or hazardous or toxic substances / materials are removed.
PY
O
N
LY
retains the right to suspend the Services while any asbestos or hazardous or toxic substances are removed from the Project
site and until the Client retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the
asbestos or hazardous or toxic substances/materials and warrant that the site is in full compliance with applicable laws and
regulations;
Client
Responsibilities
The Client:
C
O
2
2.1
(b)
appoints the Architect as its agent for the Project, except where the Architect is appointed to provide contract administration
services, in which case the Architect must act impartially;
(b)
will liaise with the Architect to prepare a Project Brief and time frame for the completion of the Project and will provide all
necessary instructions and information for the development of the Project Brief;
will work co-operatively with the Architect, make decisions and provide required information and relevant instructions within a
reasonable time to ensure efficient and satisfactory progress through all stages of the Project;
will inform the Architect of variation to the Architects scope of Services in accordance with clause 5.3;
(d)
PL
(c)
(a)
(e)
permits the Architect to take photographs, videos or other media of the Project site during all stages of construction;
allows the Architect to publicise the Project for marketing purposes, provided that the Architect will not publicise the location of
the Project;
(g)
will use the Design only for the Project and the site for which it was intended and will not use the Design for any other purpose
without the prior written consent of the Architect;
(h)
SA
(f)
(i) the fees and expenses provided in this Agreement, including interest where applicable; and
(ii) all amounts due at the date of termination in accordance with this Agreement;
(i)
acknowledges that the Architects entitlement to fees and reimbursement of expenses is not conditional upon the completion
or success of the Project;
(j)
will engage appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove any asbestos or hazardous or
toxic substances / materials and warrant that the site is in full compliance with applicable laws and regulations;
is responsible for the provision of all legal, survey and other particulars concerning the Project, including particulars of existing
structures, services and features, sub-surface conditions and adjoining sites and structures and for the provision of specialised
advice that is not usually provided by Architects; and
(l)
acknowledges that the Budget may be exceeded if there are any changes to the Design or Project Brief.
Consultants
The Client has at its own cost, engaged the following consultants to perform services in connection with the Project.
The Architect is authorised to direct/instruct the consultants listed below in order to expedite the project:
(a)
(b)
(c)
(d)
A Costs Consultant to advise the Client in respect of the Costs of Works for the Project;
U
SE
(k)
Scope of Services
The Architect will provide the following Services set out in Part A of Schedule 1.
4.2
The Architect will not provide any of the services set out in Part B of Schedule 1.
5
5.1
5.2
LY
(a)
(b)
N
O
FO
4
4.1
If the Client varies the Services to be provided by the Architect, the Client must complete a variation instruction in the form set out in
Schedule 2 and submit it to the Architect. Any Additional Services or increase in the level of Services provided by the Architect will
be charged at the Architects hourly rates.
Fees
6.1
PY
O
N
5.3
C
O
(a) a deposit of $
payable prior to commencement of the Services, with the deposit to be deducted
from the balance of the Architects fees in equal instalments;
(b) all fees properly charged by the Architect for the performance of the Services by the Architect under this Agreement. Tax
basis 2 ; plus
invoices will be rendered by the Architect on
PL
(c) additional fees on the basis of the time charge rates set out in this Agreement (or as otherwise agreed), where:
(ii)
the time for performance of the Services by the Architect under this Agreement extend beyond the Sunset Date.
Suspension of Services
SA
6.2
(i)
6.3
2 If none
(a)
Each invoice rendered by the Architect is required to be paid in full within 14 days from the date of the invoice.
(b)
If payment for the invoiced amount is not received by the Architect in full at the end of that 14 day period, the Architect will
issue a reminder notice.
(c)
If payment is not received within 7 days from the date of the reminder notice issued under clause 6.2(b), the Architect may
suspend provision of the Services for such period that payment (including any interest charged in accordance with clause
6.2(d)) remains outstanding.
(d)
The Architect is entitled to charge interest at the interest rate set from time to time under the Penalty Interest Rates Act 1983
(Vic) from the due date of payment where payment is outstanding for more than 7 days until the time the payment is made.
The Architects fees will be determined on the basis of a percentage of the Cost of Works, a lump sum fee or an agreed hourly rate.
A combination of two or more of the fee methods may be used to determine the fees for services provided by the Architect. The
various methods of charging fees are set out in Part A of Schedule 4. The Client agrees that where the Architect is required to
provide any town planning services, the Architect will charge fees at hourly rates. The fees may vary if there is a change in the scope
of the Services or the Project Brief. All fees are exclusive of GST.
Expenses
In addition to all fees due to the Architect under this Agreement, the Client is responsible for all expenses and outgoings incurred by the
Architect in relation to the Project including but not limited to the expenses set out in Part B of Schedule 4.
Limitation of liability
To the maximum extent permitted by law:
U
SE
subject to the remainder of this clause 8, the Architects total liability to the Client under this Agreement (including the
performance or non-performance of the Services), whether under the law of contract, in tort, in equity, under statute or
otherwise, is limited to $
;
(b)
the Architect has no liability to the Client or any other person in respect of any indirect, consequential or special losses,
including but not limited to, loss of profit, loss of business opportunity and payment of liquidated sums or damages under any
other agreement;
(c)
the Architect has no liability to the Client or any other person in respect of any matter arising directly or indirectly from or in
respect of asbestos, asbestos fibres or derivatives of asbestos;
(d)
the Architect has no liability to the Client or any other person in respect of any matter arising directly or indirectly from or in
respect of ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel or from the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear
device or assembly or a nuclear component thereof;
(e)
the Architect has no liability to the Client or any other person in respect of any matter arising directly or indirectly from or in
respect of the actual, alleged or threatened discharge, dispersal, release or escape of smoke, vapours, soot, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon any
property, land, the atmosphere or any watercourse or body of water (including groundwater);
(f)
the Architect has no liability in respect of the Services after the expiration of three years from the completion of the Services;
and
(g)
if any part of this clause is void as a result of section 68 of the Trade Practices Act 1974 (Cth), or equivalent state or territory
legislation, then the Architects liability for a breach of condition or warranty is limited to:
PY
O
N
LY
N
O
FO
(a)
C
O
Unless this Agreement provides otherwise, and subject to this clause, any consideration provided for under this Agreement is
exclusive of GST. If a party makes a Taxable Supply under this Agreement for a consideration which represents its Value, then the
Recipient of the Taxable Supply must also pay, at the same time and in the same manner as the Value is otherwise payable, the
amount of any GST payable in respect of the Taxable Supply. A partys right to payment under this clause is subject to a valid Tax
Invoice being delivered to the Recipient.
SA
9.2
PL
9.3
To the extent that one party is required to reimburse another party for costs incurred by the other party, those costs do not include
any amount in respect of GST for which the other party is entitled to claim an Input Tax Credit.
9.4
To the extent that any Consideration payable to a party under this Agreement is determined by reference to another amount, the
GST exclusive amount of the other amount must be used.
10 Intellectual Property
10.1 The Architect retains copyright in the Design and all other plans, drawings and documents (together, Documentation) prepared by
the Architect in relation to the Project. The Architect grants the Client an express, but revocable, licence to use the Documentation
for the purposes of the Project on the site for which it was intended, subject to the following:
(a)
no licence is granted or implied under this Agreement other than the express licence;
(b)
the licence will be revoked automatically if any amount due to the Architect under this Agreement remains unpaid. The
licence will be reinstated upon the Architects receipt of all overdue payments; and
the licence is automatically revoked upon the occurrence of any event or action by the Client or a third party that changes the
Clients ownership or legal interest in the site in any way or the insolvency or bankruptcy of the Client, in which case the
Client may request in writing the Architects consent to reinstate the licence (such consent not to be unreasonably withheld).
(c)
10.3
On completion of all Services under this Agreement, and on full payment of all amounts due to the Architect under this Agreement,
including after termination of this Agreement, the licence becomes irrevocable in respect of use of the Design for the Project / Site.
The licence is an express licence valid only in respect of the Project / Site only. The Client must obtain the express written consent
of the Architect to use the Documentation in relation to any other project, site or development. The Architect may in its discretion
refuse such consent or only provide consent upon receipt of proof that any necessary planning, building or other authority approvals
have been obtained to use the Documentation for a different project or site. The Architect may in its discretion charge the Client a
licence fee to use the Documentation for a different project or site.
11 Termination
11.1 This Agreement may be terminated by either party on the expiration of 20 days notice given in writing.
U
SE
10.2
The Architect may terminate this Agreement with immediate effect if any payment due to the Architect remains unpaid for 21 days or
more.
11.3
Upon termination under clause 11.1 or 11.2 the Architect is entitled to:
FO
11.2
payment for Services provided under this Agreement, including any interest charged under clause 6.2(d) up to and including
the date of termination;
(b)
reimbursement for any expenses reasonably incurred by the Architect in contemplation of performing the balance of the
Services as set out in this Agreement; and
an amount equivalent to the loss of profits reasonably estimated by the Architect to be incurred by it as a result of the early
termination of this Agreement by the Client.
N
O
(a)
(c)
LY
12 General conditions
Despite anything expressed or implied elsewhere in this Agreement, the Architect and the Client agree that:
the Architect is not responsible for ensuring the completed Project complies with any building contract, but when engaged for
contract administration services, is required to instruct the building contractor regarding requirements of the building contract
according with the contract terms;
(b)
the Architect gives no guarantee or assurance that the Design or completed Project will satisfy the applicable requirements
of any relevant local authority or that any necessary planning or related authority approvals will be granted;
(c)
any natural materials used in the Project may change in appearance or dimension following exposure to use or climatic
conditions and this is typical for such materials;
(d)
the scope of the Architects services does not include any services in relation to asbestos, other hazardous materials or any
other site contaminant;
(e)
upon completion of the Project, the Client is responsible for ongoing and regular maintenance of the Project, including its
systems, finishes and equipment;
(f)
this Agreement will be governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts
of that State;
(g)
nothing in this Agreement will render ineffective, or reduce, any protection at law from liability which the Architect is entitled
to in the state or territory of the applicable law; and
PY
C
O
PL
this Agreement supersedes all prior agreements relating to the Architects services for the Project, and applies to all services
provided by the Architect before the formal execution of this Agreement.
SA
(h)
O
N
(a)
13 Dispute resolution
(a) If a dispute arises between the parties under or in connection with this Agreement, the parties will make every effort to resolve the
dispute by mutual negotiation.
(b) If the parties are unable to resolve the dispute, then any party may by notice in writing advise the other party that it seeks to have the
dispute resolved by mediation.
(c) Within 21 days of such notice, the parties may refer the matter to a mutually agreed mediator. In the event that an agreement cannot
be reached on an appropriate mediator, any party may refer the dispute to a mediator appointed by the Law Institute of Victoria.
(d) Nothing contained in this clause 13 will deny a party the right to seek injunctive relief from an appropriate Court where failure to
obtain such relief would cause irreparable damage to the party concerned.
(e) These dispute resolution procedures will not apply to events giving rise to the immediate termination of this Agreement where such
events are clearly specified in this Agreement and there is no legitimate dispute as to the interpretation of their meaning or
factors giving rise to such events nor will these procedures apply to any dispute concerning the Architects fees.
2011 ArchiTeam Client Architect Agreement
14.3
(b)
(c)
A Notice given to a person in accordance with this clause is treated as having been given and received:
if delivered to a persons address, on the day of delivery if a Business Day, otherwise on the next Business Day;
(b)
if sent by pre-paid mail, on the third Business Day after posting; and
(c)
if transmitted by facsimile to a facsimile number and a correct and complete transmission report is received, on the day of
transmission if a Business Day, otherwise on the next Business Day; and
(d)
if sent by email to the correct email address, on the day of sending the email if a Business Day, otherwise on the next
Business Day.
FO
(a)
For the purpose of this Agreement the address of a person is the address set out on the front of this document.
14.2
(a)
U
SE
14 Notices
14.1 A notice, consent, approval or other communication (each a Notice) under this Agreement must be signed by or on behalf of the
person giving it, addressed to the person to whom it is to be given and:
N
O
15 No set-off or counterclaim
LY
Notwithstanding any term, whether express or implied, in this Agreement or course of conduct to the contrary, payments under this
Agreement must be made by the Client without set-off or counterclaim and free and clear of, and without, any deductions whatsoever.
O
N
(a) The Client acknowledges that the Architect may assign, transfer or novate its interest in this Agreement.
(b) The Client may not assign, transfer or novate its interest in this Agreement without the Architects written consent.
C
O
PY
17 Definitions
17.1 In this Agreement:
(a)
Additional Services includes any changes and/or revisions to Services which have been provided by the Architect upon a
variation instruction given by the Architect under clause 5.3;
Agreement means this agreement and includes any special conditions;
(c)
Budget means the amount determined by the Client as being the Budget for the Project, based on the Costs Consultants advice
as to the Cost of Works;
(d)
Business Day means any day other than a Saturday, Sunday, bank holiday or public holiday in Victoria;
(e)
Cost of Works means the final cost of all work designed, specified or scheduled by the Architect, including all work designed,
specified and/or scheduled by consultants co-ordinated by the Architect as advised by the Costs Consultant and set out in clause
5. For the avoidance of doubt, Cost of Works does not represent the total cost of the Project;
(f)
Costs Consultant means the quantity surveyor, builder or other costing specialist engaged by the Client to determine the Budget
and the Cost of Works;
SA
PL
(b)
(g)
Design means the design, including all design concepts, drawings and documents, prepared by the Architect in connection with
the Project under this Agreement;
(h)
(i)
Project Brief means the brief setting out the Clients parameters and requirements for the Project developed by the Client in
consultation with the Architect. The Project Brief does not form part of this Agreement;
(j)
Services means the architectural services provided by the Architect under this Agreement and includes any Additional Services
which the Architect is engaged to provide under this Agreement;
(k)
(l)
Sunset Date
2.
U
SE
1.
N
O
FO
LY
3.
(b)
(c)
(d)
PL
5.
Prepare drawings at an appropriate scale including plans, elevations and sections, together with other details and schedules
to enable statutory approval to construct the Project.
Co-ordinate and collate the work of all consultants with the architectural drawings.
Submit documents to the building surveyor for building approval.
Other
C
O
(a)
4.
PY
O
N
SA
6.1
N
O
Post-Construction Services
(c)
(d)
Prepare the necessary documents for a planning application in relation to the Project.
Assist the Client with lodging the planning application.
Prepare detailed site analysis and streetscape drawings to comply with local authority requirements.
Prepare detailed shadow diagrams to comply with local authority requirements.
Assist the Client in the co-ordination of a planning consultant and other specialist advisors as required for a planning
application.
Prepare report on the design intent as required in support of, and to justify, the application.
To the extent agreed with the Client, meet and liaise with local planning authority and other related authorities, adjoining
owners and or interest groups and undertake negotiations on behalf of the Client in relation to the Project.
To the extent necessary, attend hearings and give evidence at planning tribunals associated with the planning application.
Assist the Client in obtaining the required planning approvals.
Other
C
O
PY
(a)
(b)
(c)
(d)
(e)
PL
(h)
(i)
(j)
(f)
(g)
Digital Renderings
SA
(a)
(b)
(c)
LY
(a)
(b)
O
N
6.2
FO
U
SE
Provide detailed drawings showing all existing buildings, visible services and finishes.
Prepare existing conditions drawings in digital format.
Other
Assist any Client-appointed programmer (or programmer appointed by selected construction manager/builder/contractor) in
the preparation of agreed program trade documentation packages.
Provide parts of the works in trade package format.
Provide matching specification for each trade package.
Provide a set of standard preliminaries suitable for inclusion with all trade package documentation.
Co-ordinate Client appointed consultants in the preparation of trade package documentation for specialist sections of the
works.
Assist Client-appointed contractor/ construction manager/ project manager in responding to queries from trade contractors.
Other
(b)
(c)
(d)
(e)
(f)
(g)
U
SE
10
FO
Landscaping
Interior design
Interior decorating
SA
PL
C
O
PY
O
N
LY
N
O
(a)
(b)
(c)
(d)
Schedule 2
U
SE
Date:
Dear Sir/Madam,
FO
LY
N
O
We wish to vary the Services or increase the level of Services provided by the Architect under that Agreement as follows:
O
N
Authority is hereby given to Architect to proceed with the providing Services described above. We agree to pay the Architect fees at
its usual hourly rates for performing the above Services, in addition to the fees provided under the Agreement.
PY
Please contact us if you have any questions or would like to discuss any of the above.
DATE __________________________
SIGNED __________________________
(ARCHITECT)
DATE __________________________
SA
PL
C
O
SIGNED __________________________
(CLIENT)
10
Schedule 3
# If the Architect is a partnership, list the names of all members of the partnership who are architects
# If the Architect is a company, list the names of all directors of the company who are architects
SA
PL
C
O
PY
O
N
LY
N
O
FO
U
SE
11
Schedule 4
Part A - Fees
1.
Percentage Fees
(tick if applicable)
R
FO
T
C
O
3.
PY
Pre-design stage $
Sketch design. $
Detailed design.. $
Final design $
Building permit........$
Tender documentation.. $
Contract administration. $
Post-construction.. $
Construction Documentation... $
LY
O
N
2.
% of total fee
% of total fee
% of total fee
% of total fee
% of total fee
% of total fee
% of total fee
% of total fee
% of total fee
N
O
Pre-design stage
Sketch design.
Detailed design...
Final design.
Building permit
Tender documentation...
Contract administration..
Post-construction
Construction Documentation.
U
SE
PL
Principal/Director
Senior Architect
Architect
CAD Technician
Other
SA
12
SA
PL
C
O
PY
O
N
LY
N
O
FO
U
SE
(m)
(n)
(o)
(p)
13
Schedule 5
SA
PL
C
O
PY
O
N
LY
N
O
FO
U
SE
Special Conditions
include any special conditions here, attach a separate sheet where required
14