Standard Conditions of Engagement

Everything we do will be in line with the NSW Code of Professional Conduct which can be viewed here.

If at any time the project becomes not viable for either the client or the architect, then this should be communicated via email. If all invoices are up to date then the client will be issued with a full set of pdfs and dwgs as current at the time of cessation of work.

An architect must withdraw from the provision of any architectural services if the architect reasonably believes that, in the architect’s professional judgement, the provision of the services would require the architect to act— (a) in a manner that the architect considers unethical, or (b) in contravention of the Act, the Regulation or the architectural code of conduct.

Ownership of Documents, Copyright: We will provide you with drawings, specifications and documents appropriate for project. These documents always remain our intellectual property, but you are licensed to use them to complete this project provided that all professional fees have been paid in accordance with this agreement. Without our written agreement, you cannot use them or modify them to use on other projects.

Assignment: Neither party shall assign, transfer or sublet any obligation under this engagement without the written consent of the other. Should you do so without our written agreement we have the option to be released from any obligation under this engagement.

Authority to Destroy Documents: In the interests of storage space, we may destroy documents relating to this project when they are more than seven years old.

Dispute: Any dispute between parties shall first be the subject of mediation.

Termination: Our engagement may be terminated by either of us giving notice. Despite any termination you agree to pay our costs incurred up to termination and the cost of any work we are required to do in relation to the matter after termination.

Acceptance: You do not need to sign any formal document to indicate your acceptance of these Terms of Engagement. Your continued instructions in respect of this project will confirm your acceptance of these terms.

Our Responsibilities

Service: In performance of these services, Good Architect will exercise the skill, care and diligence normal to the practice of architecture in similar circumstances.

Variations to Design: We shall not make any material alteration to an approved design without your consent, except in case of an emergency during construction in which case we will subsequently promptly notify you.

Variations to Cost or Time: We will advise you if we believe the agreed budget or time programme is likely to vary significantly.

Stages of Service: We will not proceed with any stage of our service without your agreement to do so.

Specialist Consultants and Suppliers: If you direct or agree that specialist consultants and/or suppliers design part of the project then we are only responsible for the integration of their design into the project.

On Site: We understand supervision to mean a continuous presence to witness all aspects of the building's construction. Supervision is the Builder's responsibility as part of his contract with you. For example, it is the Builders’ responsibility to properly place each of the flashings in the brickwork, and to ensure the brick cavities are cleaned out.

Supervision is not part of our service. However when our services include site related services, we will visit the site to ensure the building work is generally in conformance with the contract.

All instructions given to the Builder must come via the nominated contract administrator to avoid confusion or misunderstanding.

Your Responsibilities

Client Instruction: We expect you to give us adequate instructions to define your requirements, including programme and budget.

Submissions: We need you to give due consideration to our submissions, give decisions and provide information within a reasonable time so as not to delay our work.

Client Representative: When requested by Good Architect, you will nominate, in writing, a single person with authority to represent yourself.

Site Information: You are responsible for the provision, completeness and accuracy of all legal, survey and other particulars concerning the site such as existing structures, adjoining structures and subsurface conditions.

Pay other consultants in the project team on time so that time is not wasted on overdue payments, if funding is an issue let us know straight away so that we can work something out. Receiving overdue payment notifications from other consultants or contractors of the job may result in the withdrawal of the architect from the job. 

Allow reasonable access for photos to be taken when the home is complete, we take a lot of pride in our work and would like to have good photos.

Give us a review on google maps, facebook or whatever platform you use when the home is complete, we really appreciate the feedback and strive for continual improvement.

Allow reasonable signage on site fences when construction commences.

Fees

Frequency: Upfront payment is required for engagement of a stage or optional extra. Our fees will be billed for work in every two weeks in advance. We issue our bills regularly, every two weeks. Please note: Fees for DA submission are to be paid on Submission to council of documents, not on approval.

Interest on Unpaid Accounts: If bills are unpaid for 30 days or more, interest will apply from the date of the bill calculated on a daily basis at the rate of 3% above the 90-day bank bills rate. We have the option to reallocate our resources from your project should full payment not be received in 30 days from the date of the account. If Debt Collection Services are required, the client will bear all costs associated with getting the invoices paid, including all legal/court costs.

Assessing Fees: Where our fee is expressed as a percentage of the cost of the works, it shall be calculated by applying the percentage stated in the accompanying letter to:

i)   A figure equivalent to the "completed cost of the works" or

ii) The "estimated cost of the works".

Where our fees are expressed as a Lump Sum, we rely on your description of the commission when we prepare our fee proposal. We use this to calculate the ‘completed cost of the works’ on which our fee is based. If the actual commission varies from your initial description and additional work is required, our fee will be adjusted on a pro rata basis.

The "completed cost of the works" shall be the total amount payable to the Builder and other contractors including costs of all labour, materials and other items, and before deductions, penalties or other monies, which may be due to you from the Builder or other contractors.

The "estimated cost of the works" shall be our reasonable estimate of the work under normal commercial conditions at the time of doing the estimate. We shall use the "estimated cost of the works" when the "completed cost of the works" is not available, for assessing the value of our billings to you. It may also be used to calculate fees for particular stages if the "completed cost of the works" is substantially reduced through changes in subsequent stages.

Where our fee is calculated on the "completed cost of the works", it shall apply to all stages of our commission.

In all cases, the "completed cost of the works" shall:

i) include all work designed by us and specialist sub consultants under our direction, such as the structural engineer;

ii) include the cost of all service installations, fixed and built in furniture, equipment pertaining to the building which we have had to co-ordinate or make provision in the building, not withstanding that such equipment or service be covered by a monetary, provisional or prime cost sum;

iii) include the cost of old or recycled material as if it were new;

iv) include the cost of labour and materials provided by yourself as if it were provided by the Builder;

v) Include the cost of work omitted from the brief or the contract on your instruction, in respect to the architectural stage of the commission.

Changes in Instructions and Protracted Services: Unless specifically covered in the accompanying letter/fee proposal the amount of our anticipated or contracted work is greatly increased if:

i) the client changes the brief or the scope of work;

ii) the client changes the scope of work after the acceptance of previous sketch plans or documentation;

iii) despite diligent enquiry, authorities having jurisdiction of the works change their requirements;

iv) the duration of our attendance is considerably extended beyond the initial expectation eg. instructions not provided in a timely manner, substandard performance of the Builder, or the Builder having his contract terminated;

v) the information on which we rely about site conditions or from other consultants is inadequate and as a result involves us in additional work;

vi) the construction contract is not an unmodified, standard published document.

In such cases, we reserve the right to renegotiate our fee.

Deferred Services: Unless otherwise noted in the accompanying letter, our fee is based on being able to give a continuity of architectural service. If, despite requests, you cannot provide us with clear instructions within a reasonable time, the resulting break in continuity of our services will lead to an increase in our fee.

Overtime: Should you or your representative, which necessitates our Staff working prolonged overtime or change agreed target dates we will advise you of the additional cost to complete by the adjusted target date and such cost will be due and payable.

Travelling Expenses: included

Disbursements: Unless specifically stated in the accompanying letter, our fee does not include for:

i) Fees payable to statutory authorities.

ii) Specialist services such as perspectives, models, maintenance and instruction manuals, work as executed drawings, marketing and promotional drawings and brochures. 

iii) Preparation for and/or attendance at The Land and Environment Court.

iv) Hardcopy printing of drawings or documents 

v)Overseas telephone or fax calls, air freight and courier services.

Printing: Good Architect promotes sustainable practices and does not include printing of drawings or documents as part of our offers. 

Should printing of hardcopies be requested, fees will be per commercial rates.