Terms & Conditions
The parties to this agreement are:
Architect: Fab Siqueira Pty Ltd ABN 28616334135.
Client: The person or company indicated on the fee proposal.
The Fee Proposal and Scope of works are an integral part of this agreement. Any other previous agreement or negotiations between the architect and the client related to the subject property are superseded by this agreement.
3.3 Payment terms
The deposit is payable upon acceptance of this agreement and is not refundable. The remaining fees will be claimed primarily through monthly progress claims or immediately before the first delivery of each stage. Fees shall be due within 7 days from the date of invoice. The fees shall be paid prior to the release of the documents related to each stage.
Contracts administration fees are payable through monthly invoices from the moment a builder is appointed to build the project until the final occupation certificate is issued.
If any accounts remain unpaid after the due date, the architect reserves the right to suspend the works immediately. If the Client fails to remedy the default 2 weeks after the due date, the architect reserves the right to terminate the contract, to charge interest over the unpaid balance at 1.5% per month, recover all expenses incurred while recovering unpaid debts and withdraw any applications submitted to authorities on behalf of client.
3.4 Dispute Resolution
Dispute resolution to be in accordance with the NSW Architects Registration Board ADR pathway. The client is encouraged to read the NSW Architects Code of Professional Conduct that is available on the Website of the NSW Architects Registration Board (www.architects.nsw.gov.au)
3.5 Early Termination
Any party to this agreement can terminate the contract with 4 weeks written notice.
If one party is insolvent, late in its tax obligations, or is found to be engaging in illegal activities, the other party can terminate immediately by written notice.
The architect may withdraw from this agreement immediately if in the opinion of the architect the provision of the service would require the architect to act: (a) in a manner that the architect considers unethical, or (b) in contravention of the Architects Act, the Architects Regulation or the Architects Code of professional conduct.
This agreement will be automatically terminated on date of construction commencement, where:
- action or inaction of the client has prevented the architect from completing full services; or
- the client is a builder, developer, project manager or owner-builder
The architect will issue invoice after termination for the work already started at the time of termination, and to cover for lost profit and other expenses resulting from termination.
Documents will be issued in PDF format at the end of each stage after the payment of all fees applicable to that stage.
3.7 Purpose of Issue
The client shall only use the documents prepared by the architect in accordance with the “Purpose of Issue” indicated on the documents.
Development Application (DA) Documentation is not intended to be used for construction. These documents include only the minimum information required for authority assessment.
A construction certificate (CC) or complying development certificate (CDC) must be obtained from council or an accredited certifier prior to any building work commencing. The set of plans included in the CC or CDC stages will have only the minimum information required to apply for a CC or CDC to allow early building works after approval while the design is being completed. Without the documentation that is included in the “Tender & For Construction (FC) Documentation”, “Fitout & Interiors”, “Tender Management” and “Contracts Administration” stages, the builder will have to make design decisions to fill the gaps in the design. A full set of construction & Fit-out documents is essential when trying to obtain accurate tender prices as it will greatly reduce uncertainties and risks to the builders, potentially resulting in lower cost, improved quality, reduced number of variations and fewer construction issues.
If the client chooses to proceed to tender/construction stages without the documents included in the stages mentioned above, the client fully indemnifies the architect over any design or construction defects, and any queries from client or builder to the architect regarding construction will be charged on hourly rates.
Plans and documents prepared by the architect are only to be used in construction activities when expressly indicated as “Issued for Construction” in the purpose of issue.
The design and documents produced by the architect as part of this agreement shall remain the property of the architect and shall not be copied or reproduced without the architect’s written permission. The architect shall retain all rights including copyright and moral rights. No express or implied licenses are given other than the purpose of issue shown on the documents.
If the work involves work on design or documents prepared by third parties, the client warrants that the client owns the copyright and/or obtained adequate licenses from the copyright owners. The client indemnifies the architect against all claims, actions or proceedings related to breaches of copyright.
3.9 Consultants & Contractors
The architect may advise the client when in his professional opinion there is the need to engage third parties (such as external consultants or contractors) to provide specialist advice or undertake specific work on site. The client will indemnify the architect against liabilities related to the design when the client decides to not follow the architect’s advice regarding the engagement of third parties.
Consultants and Contractors are engaged by the client and their invoices are generally paid directly by the client to the consultant/contractor, although we may process payments on your behalf if requested and include margin. The architect will have no liability over the work of consultants and contractors. All communication and payments from the architect to the consultant will be done for and on behalf of the client.
Except for amendments explicitly listed in the scope of works (item 2.1 Included Services), any requests for amendments to the design or documentation will be charged on hourly rates.
We recommend that the client spend enough time thoroughly reviewing the documents in order to prepare a complete list of amendments at once rather than making a large number of amendment requests at different times. Any further request for amendments will be considered additional work.
3.11 Additional Work
Should you ask the Architect to make changes to work already designed and documented (other than amendments allowed by clause 3.10), request additional meetings or site visits, or request architectural services that are not included in the scope of works, the Architect reserves the right to charge additional fees based on hourly rates to complete that work.
The time spent in travel and communication such as phone calls, reading/writing emails or SMS messages related to additional work will also be charged on hourly rates. Hourly rates will be calculated based on blocks of 15 minutes.
Long phone calls (more than 15 minutes); long emails (more than 1,000 words); excessive number of phone calls, emails or SMS messages (more than 5 communications of any type per week) related to included services will be considered additional work.
The parties agree that the information contained in this agreement about additional work and its costs is sufficient notice to comply with the requirements of the “NSW Architects Code of Professional Conduct” and that no further notice is required other than invoicing additional work at appropriate times.
The Client may at any time request updates about the cost status of additional work already done or request estimates for future additional work.
3.12 Construction Budget
Construction Budget is unknown at this stage. The Architect may provide opinions of probable construction cost during the design process and in the development application form to allow council to calculate the DA fees. Any mentioned figure is only an approximation and the client should not rely on these values when setting the construction budget. Many factors that affect the overall cost of the construction are often unknown at design stage, dependent on market conditions or selection of finishes. The Architect does not make any representation or warranty as to the accuracy or completeness of the cost information. We recommend engaging a specialist Quantity Surveyor for accurate estimates or obtaining quotes directly from a builder.
3.13 Planning and Construction Warranties
Architectural design & documentation are subject to assessment by council and/or certifier and other authorities as applicable. The Architect offers no warranties that the design or documentation will comply with all statutory requirements as full compliance is often impossible.
The Architect offers no warranties related to dates/time frames for lodgement or determination of applications or construction delivery because these depend on the work of third parties over which we have limited or no control. The architect offers no warranty that the design will be approved by council, even if fully compliant.
If the services are delayed by any cause beyond the Architect’s reasonable control, the Architect shall not thereby be deemed in default of this Agreement and shall not be liable for damages; and any time limits for performing the services shall be extended accordingly
The design cannot possibly cover every aspect of the construction works. The builder is expected to make design decisions during the construction period in consultation with the architect and/or consultants.
3.14 Limitation of Liability
- The liability of the Architect to the Client arising under or in connection with this Contract is limited to the value of the contracted package of services in accordance with item 1.1 above.
- The architect shall be discharged from all liability in respect of the services and the client shall not commence any action or claim against the architect in respect of the services after (whichever is the earliest):
- The earliest date when payment of an invoice issued in connection with this agreement becomes overdue; or
- one year from the date of the last invoice paid in connection with this agreement; or
- the date of termination, in case the agreement is terminated before construction completion
- The Architect shall not be liable for any claim, liability, loss or cost arising from:
- errors, omissions, or inaccuracies in information (including but not limited to documents and instructions) provided by the Client or third parties; and
- the presence of asbestos, mould, hazardous materials or pollution; and
- financial or investment advice; bankruptcy, liquidation or insolvency of any party involved in the project; and
- any representations (express or implied) contained in, or any omissions from, construction cost information provided by the architect or by third parties; and
- matters that are not readily apparent from a visual observation in site visits (the architect will not carry intrusive observations – our conclusions will be based only on observing representative samples of the works rather than on comprehensive inspections); and
- claims related to materials or construction systems used by the builder (all materials and systems indicated in the design documents and sample approvals by the architect are for confirmation of visual intent only – builder to select materials & construction systems that are fit for purpose and compliant with all applicable codes and regulations. The architect has no control over the builder’s actions).
3.15 Construction Site
We will install a sign in the construction hoarding or in the façade of the building with our contact details. The sign must be kept visible and in good condition during the whole construction period.
The client will provide the architect with access to the property within 2 weeks of practical completion, so that the architect may inspect the site and take photos. Images of the project may be used for marketing. Client’s personal details will remain confidential.
3.16 Conflicts of Interest
The architect currently pays the following companies for marketing or advertising: Home Improvement Pages (Hipages) and Service Seeking. All the architect’s other presence on the internet is comprised by free listings.
The client is required to disclose any conflicts of interests to the architect at the earliest opportunity, especially regarding relationships with council staff, authorities, political parties and political donations).