In cases where your client does not wish to use the Institute`s consulting agreements, another alternative is the Australian Basic Consulate Agreement, AS 4122. The terms used here come from the architectural development method of the Open Group Architecture Framework (TOGAF). With an estimated 80% of the world`s 50 architectural firms and 60% of Fortune 500 companies using the TOGAF method, you are likely to use this method when working for a large company. If a client accepts your letter proposal, take the next step with an old-time handshake, a letter of intent, a contract conclusion, a contract prepared by the architect or AIA contract documents. Each of them has offered different legal protections for you, with a handshake that offers no legal protection, and architect-prepared contracts or AIA contract documents that offer complete legal protection. What you use depends on your comfort, but we advise you to avoid a handshake. An integrated project supply contract is a contract between the owner, the architect and the contractor. All three share the risk. The contractor is involved in the design at an early stage and the architect is involved during the construction work. A significant number of complaints against architects to the Board of Directors relate to situations in which the architect did not enter into a compliant and written client agreement at the beginning of the project. Following extensive consultations with Institute members and stakeholders, the Institute`s client architecture agreement has been revised and improved. It adopts simple, easy-to-use English and contains new provisions and clarifications regarding key mechanisms, such as work costs.
B, service charges, service changes, long-term services, use of intellectual property in design, digital files, termination of contract and advance payment (mobilization fees). The layout, concepts and terminology defined, known in the previous CAA2009, are used and clarified. (4) The architect must enter into the agreement before he can begin to provide architectural services, unless a declaration of intent is often considered a written handshake – meaning that it is simple and offers a minimum of legal protection. In this document, the architect will reaffirm the conditions and scope described in the letter of proposal, while broadening the conditions. Only the architect signs this document. As a general rule, a Memorandum of Understanding is followed by a more formal contract. If close coordination between the owner, architect and contractor is ideal, this contract is usually best suited. Considered one of the most effective contracts, it is still relatively new.
The basic elements that should be addressed in an agreement between the owner and the architect include (1) the owner`s objectives for the project, (2) the architect`s level of performance, and a description of the drawings or other results that the architect must present; 3. the taxes payable for the provision of these services and when they are to be paid; and (4) the timing or order of events in which services are provided. Any relationship without these elements of the contract must be highlighted by misunderstandings and potential disputes. One last advantage: since you control the language and appearance of this document, it is best to adapt it to make it attractive to your customers.