PRM SEM 02 - 04. The Architect's Service Flashcards
What are terms of appointment of The Architect’s Services:
From the NZRAB’s Code of Ethics that registered architects must adhere to:
50. Terms of appointment
A registered architect must not undertake professional work unless the registered architect and the client have agreed the terms of the appointment, which may include but need not be limited to:
(a) scope of work
(b) allocation of responsibilities
(c) any limitation of responsibilities
(d) fee, or method of calculating it, and terms of trade
(e) any provision for termination
(f) provision for professional indemnity insurance.
- Remuneration and inducements
A registered architect must:
(a) be remunerated solely by the fees and benefits specified in the appointment or employment
agreement; and
(b) not offer any inducements to procure an appointment.
Source: Source: NZ Registered Architects Board http://www.nzrab.org.nz/default.aspx?Page=16
Interpretation of the AAS under NZRAB’s Code of Ethics
Interpretation:
You need to establish with the client what you are doing and how much you will be paid.
It also helps to establish what you won’t be doing eg land survey. Or areas where you are not skilled and need consultants eg costing the building.
Establish a timeline for the whole project with a realistic programme for yourself of what you will deliver and when, and what you need to do that eg land survey plan, engineers input, Resource Consent.
Remember, do not attempt to work to a client’s Ideal time line (eg Christmas) as they usually have no idea how much work is involved in this whole process.
You then break down the stages in which you will do the work. And the stages at which you will be paid (terms of trade).
Make sure the client knows what they have to do: eg prepare an adequate brief, prepare an adequate budget, make themselves available to thoroughly understand what everyone is doing, pay you, pay any consultants eg land surveyor, geo-tech engineer, quantity surveyor.
Make sure they know that they can stop the project at certain points but they must pay for work done.
Make sure they know they can’t stop at certain points eg once they have accepted a quote
and have a contract.
You are required to cover the points in 50. Terms of Appointment. Note also that you need to
have Professional Indemnity (Pl) insurance and we will cover this in future lectures.
Put it in writing!
Put 50. Terms of Appointment points in writing in a list or letter. Lots of architects like a quite informal approach for small jobs. This is appropriate for small house alterations: a big contract can scare people off on small jobs. But a letter still establishes a written contract.
Get them to sign it. Or get them to reply in writing to your letter.
Emphasise that this is for the benefit of both client and architect eg they want your design to suit the budget they have nominated.
Save and print any relevant emails between you and the client.
Keep a diary in which you note meeting dates, meeting topics and hours worked.
Keep notes of meetings.
For larger jobs, call these notes minutes and give copies to everyone after you have written up a neat copy in your office (we will look at meeting protocol and minutes in later lectures). The NZIA has a formal written contract, the NZIA Agreement for Services, that we will look at next lecture.
Stages of the Architects Work:
Generally the first meeting / site visit is free.
Some architects may do a concept design for free or a lump sum to get the project going or seize an opportunity. This is permissible. The NZIA used to have a minimum scale of fees and charges, but not any more.
You may be hired to do work on an hourly rate, or for one lump sum of money, or a percentage. We will look at fees in another lecture.
Typically most architectural projects can be broken into these stages (note these can vary according to the job and architect):
*Concept or sketch design: your first responses to site and brief. Warn clients
of potential trouble areas eg need for geo–tech report or Resource Consent.
-
Preliminary design: a design. Take into account Building Code and TA
(Territorial Authority) / Council rules. Rough idea of cost. -
Developed design: more developed and finalised design (similar to what you
present in Crit Week). Able to be costed accurately. Able to have consultant input eg
fire engineer or structural engineer. Firm idea of compliance (or not) with Council
rules). -
Resource Consent if necessary or perhaps Certificate of Compliance
(relates to planning rules, don’t confuse with Code Compliance Certificate at
end of building project). - Detailed design: construction details, consultant input. Further detailed costing.
- Building Consent.
- More documentation eg bathrooms, kitchens, finishes, schedules etc
-
Procurement: compiling the Contract Documents, obtaining quotes from builders,
choosing the builder, signing the Contract -
Contract Administration / Observation / Progress Payments I Practical Completion /
Defects Liability / Final Account
Typically you will receive a portion of your fees at each of these stages.
It is quite common these days for clients to pay a fee for the plans, documents and
consents, and then pay an hourly rate for observation. This can be dangerous and
open up your risk / liability as we will discuss in a later lecture.
Consultants:
Establish the need for these early on and the fact that their fees are in addition to yours. Many architects have consultants they regularly use, but the client may wish you to use someone they know.
Sub-consultants are engaged by the architect, paid by the architect and the architects responsibility.
Separate consultants are engaged by the client, paid by the client and the client’s responsibility, but the architect will coordinate with them.
Letter:
A sample letter is attached laying out the architect’s fees for each stage.
This also briefly covers 50. Terms of Appointment (a) scope of work, (b) allocation of responsibilities, (c) limitation of responsibilities, (d) fees, and (e) provision for termination.
Notice that the option of an hourly rate rather than percentage fee is provided for smaller jobs.
Notice that the fee is payable at each stage whereas in reality, because we have monthly outgoings (rent, copier hire, wages, etc) it’s helpful to have a monthly income. So you might arrange to bill the client monthly, especially since Contract Documentation may spread over two months and Contract Administration will certainly stretch over several months eg claim half of the Contract Documentation percentage one month, the other half the next month.
More on this in later lectures.
Notice that programme timing is not mentioned although it could be. This should be discussed and noted at a meeting, but it is a little dangerous to commit yourself to a timeline in writing early in the project when many things could change.
Notice that budget is not mentioned although it could be. Again this should be discussed and noted at a meeting, but it is a little dangerous to commit yourself without noting that the budget could be unrealistic or inadequate for the brief or site difficulties.
However you must follow up this fees letter with more letters or a contract setting out your understanding of the time line, budget etc as the project develops because these are important aspects of 50. Terms of Appointment (a) scope of work, (b) allocation of responsibilities, (c) limitation of responsibilities.
Remember a contract is not a scary legal document, it is your friend because it clearly sets out the understanding of roles and responsibilities between you and your client. We will look at this in the next lecture.
