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PARC > Client and Architect Agreement 2009 (Tara) > Flashcards

Client and Architect Agreement 2009 (Tara) Flashcards

1
Q

What does Section A contain?

Bonus points for naming the sub-sections.

A

Core Architectural Services

A.1 Concept Design
A.2 Design Development 
A.3 Town Planning/Development Application 
A.4 Construction Documentation
A.5 Contractor Selection 
A.6 Contract Administration
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2
Q

What does Section B contain?

Bonus points for naming the sub-sections.

A

Additional Architectural Services

B.1 Feasibility Study
B.2 Record Documents
B.3 Town Planning/Development Application: Negotiation
B.4 Illustration
B.5 Trade Package Documentation
B.6 Other Services
B.7 Changes to Services
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3
Q

What Section of the CAA contains information on ‘Fees’?

Bonus points for naming the sub-sections.

A

Section E

Sub-sections:
E.1 Percentage Fees
E.2 Lump Sum Fees 
E.3 Hourly Rate Fees 
E.4 Fee Invoices 
E.5 Disbursements 
E.6 Payment of Invoices
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4
Q

What Section of the CAA contains information on ‘Time’?

Bonus points for naming the sub-sections.

A

Section D

Sub-sections:
D.1 Protracted Services
D.2 Suspended Services

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5
Q

What does Section C talk about?

Bonus points for naming the sub-sections.

A

Cost

C.1 Total Project Cost
C.2 Cost of Works

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6
Q

What does Section F talk about?

Bonus points for naming the sub-sections.

A

Other Specialist Consultants

F.1 Specialist Consultant Engagement
F.2 Additional Specialist Consultants

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7
Q

Name all the sections in the agreement?

Bonus points if they are in order with the letters.

A 
A. Core Architectural Services
B. Additional Architectural Services
C. Cost
D. Time
E. Fees
F. Other Specialist Consultants
G. Intellectual Property
H. Insurances and Liabilities
I. Client Obligations
J. Architect Obligations
K. General Conditions
L. Dispute Resolution
M. Termination
N. Special Conditions
O. Schedules
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8
Q

What is the meaning of ‘Total Project Cost’ under the CAA 2009 and what does it include?

A

The Total Project Cost is inclusive of GST and is defined as the Cost of Works plus all other costs to the client associated with the project, including but not necessarily limited to:
• removal and relocation costs
• design and construction contingencies, including escalation costs
• architectural, consultant and other professional fees
• authority fees and charges
• legal fees
• landscaping
• loose furniture, fittings and equipment
• finance charges, marketing and promotional costs
The architect is not responsible for monitoring or controlling the Total Project Cost for the client.

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9
Q

What is the meaning of Cost of Works (as set out in Clause C.2) under the CAA 2009 and what does it include?

A

The Cost of Works is exclusive of GST and is defined as the final cost of all work designed, specified or scheduled by the architect, including all work designed, specified and/or scheduled by specialist consultants coordinated by the architect, including:

a - the final adjusted contract price (excluding GST) in accordance with any building contract, plus

b - the equivalent final cost (excluding GST) of any work or items supplied to the building contractor by the client (as if provided by the building contractor under the building contract), plus

c - the final cost (excluding GST) of any part of the project provided under a contract other than the building contract.

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10
Q

What is the meaning of The Design (as set out in Clause G.1) under the CAA 2009 and what does it include?

A

The architect retains copyright in The Design. The Design includes design concepts, drawings and documents provided under this agreement.

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11
Q

What is the meaning of Public Information (as set out in Clause G.2) under the CAA 2009 and what does it include?

A

Public Information means any information containing a 2- or 3-dimensional representation of the project, or a part of it published, exhibited or communicated to persons other than the client or architect or their representatives.

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12
Q

What should determine the architects fees and is written into the contract - The Total Cost of works, Cost of works or the Budget?

A

This budget may be reasonably relied
on by the client and the architect in
determining the architect’s fees.

The budget is the agreed initial budget for the Cost of Works (refer Clause C.2) excluding GST.

Estimates of the Cost of Works may be revised and the
parties must agree any resultant changes
to the scope of services and fees.

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13
Q

Under A. Core Architectural Services sub-section A.2 Design Development, what are the written approvals to be obtained by the client?

A
  • approval of the developed design
  • approval to submit Town Planning/ Development Application, where required
  • approval to proceed with Construction Documentation
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14
Q

Under A. Core Architectural Services sub-section A.4 Construction Documentation, what are the written approvals to be obtained by the client?

A
  • approval to submit for statutory approval
  • approval of all construction documents
  • approval to proceed with Contractor Selection
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15
Q

Under A. Core Architectural Services sub-section A.5 Contractor Selection, what are the written approval/s to be obtained by the client?

A
  • approval to prepare the contract documents
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16
Q

Under A. Core Architectural Services sub-section A.6 Contract Administration - PRE-CONSTRUCTION, what are the architects obligations?

A
  • prepare the contract documents

- arrange for signing and execution of the building contract documents by the building contractor and owner

17
Q

Under A. Core Architectural Services sub-section A.6 Contract Administration - CONSTRUCTION, what are the architects obligations?

A
  • REPORT REGULARLY to the client regarding TIME, COST and PROGRESS of the project
  • VISIT SITE periodically to observe the general conformance of the construction works with the building contract documents and instruct the building contractor regarding design quality control, materials selections and performance in regard to the building contract documents
  • arrange, attend and arrange for RECORDING OF SITE MEETINGS at regular intervals
  • REVIEW SHOP DRAWINGS and submissions by the building contractor
  • provide the building contractor with INSTRUCTIONS, supplementary details and clarification of the contract documents
  • COORDINATE the construction services provided by other specialist consultants
  • assess and determine VARIATIONS and obtain client approvals in writing where required
  • assess and determine the building contractor’s progress claims and issue PROGRESS CERTIFICATES
  • assess the building contractor’s claims for EXTENSIONS OF TIME
  • ADJUST COSTS such as prime cost and provisional sums and other monetary sums
  • instruct the building contractor in regard to incomplete work and rectification of any DEFECTS
  • assess and determine PRACTICAL COMPLETION and issue the notice of practical completion
18
Q

Under A. Core Architectural Services sub-section A.6 Contract Administration, what are the written approval/s to be obtained by the client?

A
  • assess and determine VARIATIONS and obtain client approvals in writing where required
19
Q

Under A. Core Architectural Services sub-section A.6 Contract Administration - POST-CONSTRUCTION, what are the architects obligations?

A
  • during the DEFECTS liability period, instruct the building contractor in regard to incomplete work and rectification of defects
  • if required, advise the client and coordinate the procedure for the rectification of any DEFECTIVE WORK BY OTHERS
  • assess and determine FINAL COMPLETION and issue the final certificate
20
Q

Under A. Core Architectural Services sub-section A.5 Contractor Selection - TENDER, what are the architects obligations?

A
  • assist client in determining the PREFERRED TENDER PROCESS
  • prepare TENDER DOCuments and issue to all tenderers
  • respond to INQUIRIES from tenderers
  • receive and open the tenders
  • together with the cost consultant, if any, ASSESS the tenders
  • NEGOGIATE with the preferred tenderer if required to obtain an offer acceptable to the client
  • PREPARE REPORTS on tenders and recommendation for client acceptance
21
Q

How is the Budget revised?

A

The fees are revised based of the updated budget.

Estimates of the Cost of Works may be revised during the project and such revisions must be in accordance with client or consultant advice, tenders or offers received and any adjustments during construction.

As revised estimates of the Cost of Works are prepared, the client and the architect must agree the adjusted budget for the Cost of Works. As revised estimates of the Cost of Works are prepared, the client agrees that the adjusted budget for the Total Project

Cost appropriately takes into account the agreed adjusted budget for the Cost of Works.
Estimates of the Cost of Works are not a guarantee of the actual cost, a quotation or a tender.

22
Q

What are the main sections of the contract? (Hint: the categories that have subcategories)

Bonus points for naming the other categories (at the end of the contract)
Extra bonus points for the letters of each.

A 
A. Core Architectural Services
B. Additional Architectural Services
C. Cost
D. Time
E. Fees
F. Other Specialist Consultants
G. Intellectual Property
H. Insurances and Liabilities
I. Client Obligations
J. Architect Obligations
K. General Conditions
L. Dispute Resolution
M. Termination
N. Special Conditions
O. Schedules
23
Q

If the architects services are protracted in anyway, they should:

A

a - the architect must notify the client in writing of the cause and anticipated extent of the protraction, and

b - the architect is entitled to additional fees and to a reasonable extension of the agreed program.

24
Q

What is the architect entitled to if its services are suspended by the client?

A

All fees due

reimbursement of any associated costs

25
Q

What are the architects fees based on?

A
  • a percentage of the Cost of Works
  • a lump sum fee
  • an hourly rate fee
  • if applicable, a combination of these
26
Q

Fees for work outside the CAA scope default to which method of calculation?

A

Hourly rate.

27
Q

What are percentage fees based on?

A

Cost of Works

28
Q

Hourly rate fees are reviewed when in accordance with what?

A

Reviewed annually in accordance with Consumer Price Index.

29
Q

Do architects fee include or exclude GST?

A

include GST

30
Q

What are the standard services under schedule E1 of the contract? (Hint: the A’s)

A 
A.1 Concept Design
A.2 Design Development
A.3 Town Planning/Development Application
A.4 Construction Documentation
A.5 Contractor Selection
A.6 Contract Administration
31
Q

What are the extra services under schedule E1 of the contract? (Hint: B’s)

A 
B.1 Feasibility Study
B.2 Record Documents
B.3 Town Planning/Development Application: Negotiation
B.4 Illustration
B.5 Trade Package Documentation
B.6 Other Services

PARC (28 decks)

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