Based on the Australian Institute of Architecture - Client Architect Agreement [CAA2024]
A. SERVICES
A.1. Architect’s Obligation
The architect must:
1 - deliver the Services described in this agreement with the reasonable skill, care and diligence expected of an Architect who has experience with projects of a similar type, size, complexity and value to the PROJECT.
2 - act as the Client’s agent for the PROJECT and, if included in the SERVICES, as required under the selected building contract.
3 - maintain accurate records and keep the Client informed of progress at all stages by way of meetings, reports and other means.
4 - notify the Client promptly when an instruction from the Client or any other requirement changes the scope of Services or requires SERVICES that are not delivered under this agreement.
5 - notify the Client of any matter connected with the SERVICES that may give rise to an ethical or regulatory conflict of interest.
6 - if a conflict of interest arises, notify the Client and (if required) suspend the SERVICES until the conflict is removed or the agreement is terminated under section K, in which case clause K.2.1 applies.
7 - comply with the applicable CODE OF PRACTICE, and;
8 - maintain all necessary registration and accreditations to deliver the SERVICES in the state or territory of the SITE.
A.2. Services or Responsibilities Not Included
Despite anything expressed or implied elsewhere in this agreement, the parties acknowledge and agree that:
1 - the Architect is not responsible for ensuring the constructed PROJECT complies with the building contract documents, but if the Architect performs contract administration services as part of the SERVICES, will instruct the building contractor regarding requirements of the building contract documents according to the contract terms.
2 - the Architect will endeavour to obtain Council or statutory authority approval if included, however cannot guarantee any such approval.
3 - the Architect gives no express or implied warranty that the PROJECT, the SERVICES, or THE DESIGN is fit for the Client’s purposes.
4 - any natural materials selected for a PROJECT may change in appearance or dimension following exposure to use or climatic conditions and this is normal behaviour for such materials.
5 - the scope of the Services does not include any SERVICES relating to or in connection with asbestos, other hazardous materials, or any other site contaminant.
6 - on completion of the works, the Client is responsible for ongoing and regular maintenance of the PROJECT, including its systems, finishes and equipment.
7 - the Client bears the full risk and responsibility for items, materials, fixtures and fittings sourced or supplied and requested by the Client to be incorporated into the Project, and;
8 - the Client releases and indemnifies the Architect PROJECT any claim arising from or in connection with each of the acknowledgements and agreements in this clause A.2.
A.3. The Cost of Works
1 - The Client agrees that its budget for the TOTAL PROJECT COST appropriately takes into account the initial budget for the forecast COST OF WORKS set out under the Indicative Opinion of Project Cost (if supplied) of this agreement.
2 - The forecast COST OF WORKS may be revised during the PROJECT and such revisions must be in accordance with advice of the Architect, any other consultant advice, tenders or offers received and any adjustments during construction.
3 - Whenever revised forecasts of the COST OF WORKS are prepared in accordance with clause A.3.2 above, the Client accepts the revised forecast COST OF WORKS and will adjust its TOTAL PROJECT COST budget accordingly.
4 - Forecasts of the COST OF WORKS are indicative only and do not guarantee the actual COST OF WORKS. The Architect cannot and does not guarantee the final, actual COST OF WORKS.
5 - Forecasts of the COST OF WORKS prepared by the Architect are based on m2 rates of comparable projects and allowances for specific items are based on recent experience and quality requested and/ or anticipated.
A.4. Program of Services
1 - The Client must inform the Architect of the initial program for the PROJECT and from this, the Client and the Architect will discuss and co-operate on an initial program for the SERVICES.
2 - The parties may revise the initial program during the PROJECT by mutual agreement.
3 - The estimated time required to complete each phase of the Services is set out in the Fee Schedule by Phase. Any program or indicative timeframe is dependent on matters beyond the Architect’s control, including statutory authority processes, consultant inputs, client instructions, and the timely provision of information and approvals.
4 - The Architect is unable to estimate, warrant, or guarantee the duration or outcome of any statutory approval process, whether for a compliant or non-compliant proposal.
5 - The Architect will exercise reasonable skill, care, and diligence in preparing and progressing applications and responding to authority requirements.
6 - Commencement of construction is subject to the completion of required approvals, the selection and appointment of a contractor, and satisfaction of any preconditions imposed by statutory authorities or other stakeholders.
7 - The Architect is unable to estimate or guarantee the time required for these matters to occur.
A.5. Protracted Services
1 - If the SERVICES are protracted by any cause beyond the Architect’s control:
a the Architect must promptly notify the Client of the cause and, if possible, the anticipated extent of the delay.
b the parties must meet to negotiate in good faith and agree a change to the FEE in accordance with clause D.10, and
c at that meeting, the parties must also negotiate in good faith a reasonable revised program under clause A.4.2
2 - If the parties do not agree a change to the FEE and a revised program, either party may terminate this agreement effective immediately by giving the other party a notice to this effect and if so, clause K.2.1 will apply.
A.6. Suspended Services
1 - If the SERVICES are suspended for any reason by the Client or rhe Architect:
a the Architect is entitled to payment of all FEEs and DISBURSEMENTs due under this agreement up to the date the SERVICES are suspended, and
b all other rights and entitlements of the Architect continue as though the suspension had not taken place.
2 - If the SERVICES are suspended by the Client or under clause D.4.4, the Architect is also entitled to be reimbursed all reasonable costs it actually incurs associated with the suspension, including resuming the SERVICES.
3 - If the SERVICES are suspended by the Client for a duration longer than three (3) months, the Architect has the right to review the Fees.
B. CLIENT OBLIGATIONS
The Client agrees to:
1 - appoint the Architect to act as its agent for the PROJECT as necessary for the Architect to carry out the SERVICES.
2 - when a building contractor has been appointed and if contract administration forms part of the SERVICES, only issue instructions for the building contractor through the Architect.
3 - co-operate with the Architect to determine a reasonable budget for the COST OF WORKS.
4 - in a timely way provide all information, Client Information and Site information, required by the Architect to complete the SERVICES.
5 - co-operate fully with the Architect to ensure efficient and satisfactory progress through all stages of the PROJECT, including giving prompt decisions and approvals for the SERVICES.
6 - engage directly the SPECIALIST CONSULTANTs, after consultation with the Architect, on the conditions in clause E.1.
7 - allow the Architect reasonable access to photograph or otherwise record the PROJECT before, during, and after completion.
8 - allow the Architect to publicise the PROJECT including for marketing purposes or awards, unless the parties agree otherwise.
9 - attribute the Architect in accordance with clause F.2.
10 - comply with the Architect’s reasonable requirements or directions in respect of access to the SITE.
11 - notify the Architect of any details of the PROJECT that the Client requires the Architect to keep confidential.
C. ADMINISTRATION
The parties acknowledge and agree that:
1 - the Client authorises the Architect to proceed with the SERVICES.
2 - the person named in this agreement as the party’s representative is authorised to exercise all rights, powers, authority and functions of the party it represents under this agreement, and
3 - either party may, at any time, replace its nominated representative and must notify the other party of any such replacement in writing.
D. FEES
D.1 Fees Payable
In exchange for delivering the SERVICES, the Client must pay to the Architect:
1 - the FEE; plus
2 - all adjustments to the FEE as determined in accordance with the agreement; plus
3 - DISBURSEMENTs, if applicable
D.2. Commencement Fee
The parties acknowledge and agree that:
1 - Fees noted in this agreement are valid for a period of thirty (30) days from the date of the Project Proposal.
2 - No SERVICES will commence until the Client has signed and accepted this agreement.
3 - Upon acceptance of this agreement, a commencement invoice equalling 20% of the Phase 01 fee schedule will be issued. This is a non-refundable advance payment for SERVICES to be initalised under this agreement
D.3 Submitting Claims
The Architect may each month submit to the Client one claim for payment (including GST) in the form of a tax invoice. The claim must clearly state those amounts that relate to the FEE and DISBURSEMENTs being claimed.
D.. Paying Claims
1 - The Client must pay the amount in a claim for payment (including GST) within the 7 days from date of issue.
2 - If applicable, where Authority submissions are required, the Client must pay the amount in a claim for payment prior to the Authority submission being made.
3 - The Client must pay interest at the rate in accordance with current ATO general interest charges (GIC) on all payments not made by the date for payment set out in the agreement. Interest is calculated daily on and from the date that payment was due.
4 - If any payment under this agreement is overdue, the Architect is entitled at its discretion to suspend the SERVICES and if so, clause A.6 will apply.
5 - If any payment under this agreement is not received, the Architect reserves the right to invoke the provisions of the Security of Payments Act to recover outstanding amounts.
D.4. Percentage Fee
1 - If a percentage fee is selected and applies under the Fee Schedule for a component of the SERVICES, the total FEE the Client must pay for that component is that percentage multiplied by the COST OF WORKS.
2 - Subject to clause D.5.3, percentage fees are calculated and adjusted progressively against the forecast Cost of Works and are subject to final adjustment against the final Cost of Works when known.
3 - The Client is not entitled to recover any part of the Fees that it has previously paid to the Architect for SERVICES that have been performed if the scope of SERVICES is reduced or the PROJECT has changed, reducing the final Cost of Works.
D.5. Lump Sum Fee
If a lump sum fee is selected and applies for a component of the SERVICES under the Fee Schedule of this agreement, the total FEE the Client must pay for that component is the amount stated in the Fee Schedule.
D.6. Hourly Rate Fee
1 - If an hourly rate fee is selected and applies under the Fee Schedule of this agreement for a component of the SERVICES, the total FEE the Client must pay for that component is the rate indicated on the Schedule of Rates multiplied by the time units incurred (based on the time units incurred by the Architect’s personnel engaged) to provide that component of the SERVICES.
2 - If the Client requests, the Architect must, within 7 days of the request, give the Client time sheets or other records to show all actual time units spent on the Project.
3 - All hourly, daily and monthly rates stated in Schedule of Rates are subject to annual review.
D.7. Disbursements
The Client must either pay to or reimburse the Architect DISBURSEMENTs as required.
D.8. Changes to the Services
1 - If during the course of this agreement, the Architect considers that the Project requires a greater or reduced scope of SERVICES, the Architect must promptly notify the Client how that change will affect the FEE. Then, the parties must negotiate in good faith and agree:
a the changed scope of SERVICES;
b the changes to the FEE in the Fee Schedule and any DISBURSEMENTs (as appropriate);
c the date which any changes will take effect; and
d if any SERVICES the subject of the change have already
been performed: the reimbursement due to the Architect.
2 - If the parties agree to a change under clause D.10.1:
a the parties must record their agreement to each of those changes in writing (including by email);
b the SERVICES and Fees under this agreement will be varied as from the date agreed by the parties; and
c in the case of any agreed reimbursement for SERVICES performed, the Architect will be entitled to include this amount in its next claim for payment.
3 - If the parties cannot agree on the changed scope of SERVICES, or a changed FEE, then either:
a the SERVICES and the FEE will continue to apply without change; or
b if the Architect is no longer able to perform the SERVICES
because the parties cannot agree to a change, the Architect
may terminate this agreement provided that it has given the
Client 10 business days’ notice of its intention to terminate
and if so the parties then follow clause K.4.
D. FEES
D.1 Fees Payable
In exchange for delivering the SERVICES, the Client must pay to the Architect:
1 - the FEE; plus
2 - all adjustments to the FEE as determined in accordance with the agreement; plus
3 - DISBURSEMENTs, if applicable
D.2. Commencement Fee
The parties acknowledge and agree that:
1 - Fees noted in this agreement are valid for a period of thirty (30) days from the date of the Project Proposal.
2 - No SERVICES will commence until the Client has signed and accepted this agreement.
3 - Upon acceptance of this agreement, a commencement invoice equalling 20% of the Phase 01 fee schedule will be issued. This is a non-refundable advance payment for SERVICES to be initalised under this agreement
D.3 Submitting Claims
The Architect may each month submit to the Client one claim for payment (including GST) in the form of a tax invoice. The claim must clearly state those amounts that relate to the FEE and DISBURSEMENTs being claimed.
D.. Paying Claims
1 - The Client must pay the amount in a claim for payment (including GST) within the 7 days from date of issue.
2 - If applicable, where Authority submissions are required, the Client must pay the amount in a claim for payment prior to the Authority submission being made.
3 - The Client must pay interest at the rate in accordance with current ATO general interest charges (GIC) on all payments not made by the date for payment set out in the agreement. Interest is calculated daily on and from the date that payment was due.
4 - If any payment under this agreement is overdue, the Architect is entitled at its discretion to suspend the SERVICES and if so, clause A.6 will apply.
5 - If any payment under this agreement is not received, the Architect reserves the right to invoke the provisions of the Security of Payments Act to recover outstanding amounts.
D.4. Percentage Fee
1 - If a percentage fee is selected and applies under the Fee Schedule for a component of the SERVICES, the total FEE the Client must pay for that component is that percentage multiplied by the COST OF WORKS.
2 - Subject to clause D.5.3, percentage fees are calculated and adjusted progressively against the forecast Cost of Works and are subject to final adjustment against the final Cost of Works when known.
3 - The Client is not entitled to recover any part of the Fees that it has previously paid to the Architect for SERVICES that have been performed if the scope of SERVICES is reduced or the PROJECT has changed, reducing the final Cost of Works.
D.5. Lump Sum Fee
If a lump sum fee is selected and applies for a component of the SERVICES under the Fee Schedule of this agreement, the total FEE the Client must pay for that component is the amount stated in the Fee Schedule.
D.6. Hourly Rate Fee
1 - If an hourly rate fee is selected and applies under the Fee Schedule of this agreement for a component of the SERVICES, the total FEE the Client must pay for that component is the rate indicated on the Schedule of Rates multiplied by the time units incurred (based on the time units incurred by the Architect’s personnel engaged) to provide that component of the SERVICES.
2 - If the Client requests, the Architect must, within 7 days of the request, give the Client time sheets or other records to show all actual time units spent on the Project.
3 - All hourly, daily and monthly rates stated in Schedule of Rates are subject to annual review.
D.7. Disbursements
The Client must either pay to or reimburse the Architect DISBURSEMENTs as required.
D.8. Changes to the Services
1 - If during the course of this agreement, the Architect considers that the Project requires a greater or reduced scope of SERVICES, the Architect must promptly notify the Client how that change will affect the FEE. Then, the parties must negotiate in good faith and agree:
a the changed scope of SERVICES;
b the changes to the FEE in the Fee Schedule and any DISBURSEMENTs (as appropriate);
c the date which any changes will take effect; and
d if any SERVICES the subject of the change have already
been performed: the reimbursement due to the Architect.
2 - If the parties agree to a change under clause D.10.1:
a the parties must record their agreement to each of those changes in writing (including by email);
b the SERVICES and Fees under this agreement will be varied as from the date agreed by the parties; and
c in the case of any agreed reimbursement for SERVICES performed, the Architect will be entitled to include this amount in its next claim for payment.
3 - If the parties cannot agree on the changed scope of SERVICES, or a changed FEE, then either:
a the SERVICES and the FEE will continue to apply without change; or
b if the Architect is no longer able to perform the SERVICES
because the parties cannot agree to a change, the Architect
may terminate this agreement provided that it has given the
Client 10 business days’ notice of its intention to terminate
and if so the parties then follow clause K.4.
E. SPECIALIST CONSULTANTS
The Client agrees to:
1 - The Architect and the Client agree the Project will require the SERVICES of the SPECIALIST CONSULTANTs.
2 - The Architect will advise the Client which SPECIALIST CONSULTANTs will be required throughout the various stages of the Project.
3 - SPECIALIST CONSULTANTs are to be engaged directly and paid by the Client, unless otherwise noted, in consultation with the Architect.
F. INTELLECTUAL PROPERTY & OTHER RIGHTS
The Client agrees to:
1 - The Architect retains copyright in all SERVICES and in THE DESIGN.
2 - The Architect grants the Client an express, non exclusive, nontransferable, revocable licence to use THE DESIGN only for the Project on the SITE, subject to the conditions that:
a no licence is granted or implied under this agreement other
than the express licence in this clause F.1.2;
b the licence may be revoked by the Architect if any invoice
that the Architect is entitled to submit under this agreement
is overdue. The licence will be automatically reinstated when
the Architect receives all overdue amounts; and
c the licence is automatically revoked by any event or action
by the Client or a third party that changes or attempts to
change the Client’s ownership or legal interest in the SITE in
any way, however the Client may at any time request the
Architect’s consent to reinstate the licence and the Architect
must not unreasonably withhold its consent.
3 - The Client warrants that it will not:
a use THE DESIGN on another SITE.
b attempt to assign the licence to use THE DESIGN; or
c provide or disclose THE DESIGN to a third party.
d unless the Architect has given the Client prior written consent to do so.
4 - The Client must not do or fail to do anything which infringes any copyright or breaches another person’s moral rights or any obligation of confidentiality, in relation to Client Information. If the Client or the SERVICES require the Architect in any way to incorporate, adapt, vary or make any derivative of any Client Information, then the Client warrants that directing or permitting the Architect to use any Client Information in such a way, does not and will not:
a infringe another person’s copyright; nor
b offend another author’s moral rights; nor
c breach any actual or implied obligation of confidentiality.
5 - On completion of all SERVICES under this agreement and on full payment of all invoices that the Architect is entitled to submit under it, the licence in clause F.1.2 becomes irrevocable.
F.2. Moral Rights
1 - The Client must attribute the Architect as the author of THE DESIGN in all digital, printed or audio information containing a 2- or 3-dimensional representation of the Project or THE DESIGN, or a part of it, whether the Project is complete or not.
F.3. Indemnity for specific breaches of section F
1 - If the Client:
a uses THE DESIGN, or permits it to be used, in a way that is inconsistent with or in breach of clause F.1, or
b knows it can’t give, or didn’t take reasonable steps to ensure
it could legally give, the warranty promises in clause F.1.4, the Client indemnifies the Architect from all liability, loss and reasonable costs (including legal costs) the Architect actually and directly incurs due to any breach of clauses F.1.1, F.1.2, F.1.3 or F.1.4.
F.4. Electronic Data Transfer
The Client agrees that:
1 - the Architect may issue data electronically to all parties involved in the Project.
2 - the Architect is not responsible for the accuracy, completeness or any loss or contamination of electronically transmitted data, nor any degraded information due to translating the original file to a different digital format; and
3 - the cost of preparing or converting digital data is to be reimbursed by the Client, at an hourly rate fee as set out in the Schedule of Rates.
G. INSURANCES & LIABILITY
G.1. Insurances
For at least the duration of this agreement, the Architect must maintain:
1 - professional indemnity insurance.
2 - public liability insurance.
3 - insurance to cover liability for its employees in accordance with statutory requirements.
Copies of the relevant insurances are provided in this documentation can be provided upon request.
G.2. Liability
1 - subject to sub-clauses 2 and 3 below, the Architect’s maximum aggregate liability to the Client under this agreement (including the performance or non performance of the SERVICES). whether under the law of contract, in tort, in equity, under statute or otherwise, is limited to the net amount actually recovered under the Architect’s professional indemnity insurance policy;
2 - the Architect has no liability to the Client in respect of any indirect, consequential or special losses (including loss of profit, loss of contract, loss of business opportunity and payment of liquidated sums or damages under any other agreement or settlement); and
3 - if any of this clause G.2 is void as a result of section 64 of the Australian Consumer Law (or equivalent state or territory legislation) then the Architect’s liability for a breach of a condition or warranty is limited to (at the Architect’s choice):
a supplying the relevant SERVICES again; or
b paying or reimbursing the cost of having the SERVICES supplied again by the Architect.
H. GENERAL CONDITIONS
1 - Any consent. approval, request. notifi cation or notice given or required under this agreement must be given in writing (which includes email).
2 - Variations to this agreement that are agreed between the parties will not be effective unless and until put in writing and accepted by both parties (which includes email).
3 - Except by operation of law, neither party can assign, novate or transfer this agreement without obtaining the prior consent of the other party.
4 - The applicable law of this agreement is the law of the state or territory in which the SITE is located, unless it is outside Australia, in which case it is the law of the state or territory of the Architect’s address stated in this agreement.
5 - Nothing in this agreement makes ineffective, or reduces, the protection at law from liability which either party is entitled to in the state or territory of the applicable law.
6 - This agreement supersedes all prior agreements, representations or understandings between the Client and the Architect in relation to the Project and constitutes the entire agreement.
7 - This agreement applies to all SERVICES delivered by the Architect before the formal execution of this agreement.
8 - A notice or other document that is sent in connection with this agreement by mail will be deemed to have been received 5 business days (10 business days in the case of overseas mail) after it is posted.
9 - If a notice is sent by email after 5.00 pm, the email will be deemed to have been delivered at the beginning of the next business day.
10 - Unless otherwise stated, all figures are in Australian dollars and are exclusive of GST.
THERE IS NO SECTION I COMPONENT TO THIS AGREEMENT
J. DISPUTE RESOLUTION
1 - Without limiting the Architect’s rights under clause D.4.4, if a dispute arises out of or in relation to this agreement, the Client and the Architect must continue to perform their obligations under the agreement.
When a dispute arises:
a either party may deliver a notice to the other party outlining the details of the dispute and requiring a meeting within 5 business days of the date of the notice to make a bonafide attempt to resolve the dispute or difference.
b if the dispute is not resolved by that meeting or if the parties fail to meet, either party may submit the dispute to mediation by delivering to the other a proposal of mediation.
c a proposal of mediation must state the name of a mediator accredited by the Resolution Institute in the state or territory of the law that applies, who is independent and willing to act.
d if the parties do not agree on the mediator within 5 business days after the proposal is delivered, the Chair of the Resolution Institute in the place of the law that applies, must be requested to nominate the mediator.
J. DISPUTE RESOLUTION
1 - Without limiting the Architect’s rights under clause D.4.4, if a dispute arises out of or in relation to this agreement, the Client and the Architect must continue to perform their obligations under the agreement.
When a dispute arises:
a either party may deliver a notice to the other party outlining the details of the dispute and requiring a meeting within 5
business days of the date of the notice to make a bonafide
attempt to resolve the dispute or difference.
b if the dispute is not resolved by that meeting or if the parties
fail to meet, either party may submit the dispute to
mediation by delivering to the other a proposal of mediation.
c a proposal of mediation must state the name of a mediator
accredited by the Resolution Institute in the state or territory of the law that applies, who is independent and willing to act.
d if the parties do not agree on the mediator within 5 business
days after the proposal is delivered, the Chair of the Resolution Institute in the place of the law that applies, must be requested to nominate the mediator.
K. TERMINATION
K.1. Termination for the Client’s breach
1 - Without affecting other rights or entitlements, the Architect may terminate this agreement immediately by notice if, in the opinion of the Architect, the Client breaches or does not strictly comply with a material provision of this agreement. Material provisions of the agreement include (but are not limited to) clauses B and D.4. The Architect’s notice must identify the material provision that the Client has breached. The parties then follow clause K.4.
K.2. Termination, without reason
1 - Either party may at any time, without reason, terminate this agreement by giving the other party no less than 30 business days’ notice of the intention to terminate the agreement. The parties then follow clause K.4.
K.3. Termination for the Architect’s breach
The Client may immediately terminate the Agreement by notice to the Architect, if the Architect:
1 - is insolvent or bankrupt (as relevant); or
2 - commits a material breach of its obligations under clause A.1 or G.1 of this agreement and has failed to remedy the breach within 10 business days after receiving a written notice from the Client that specifies the breach and includes a reference to this clause K.3.2.
K.4. Consequences, obligations, and limitations of terminating
1 - Either party may at any time, without reason, terminate this agreement by giving the other party no less than 30 business days’ notice of the intention to terminate the agreement. The parties then follow clause K.4.
2 - If either party properly terminates this agreement under this section K or clause D.10:
a without prejudice to any claim the Architect may have against the Client, the Client must promptly pay:
- the amount due to the Architect for all SERVICES completed prior to the date of the termination notice; and
- the amount for all SERVICES carried out and costs or expenses reasonably incurred by the Architect in connection with ending the SERVICES, up to and including the termination date; and
b the Architect must, on receiving payment, issue to the Client a copy in PDF format of the relevant documents to be delivered under the SERVICES up to the date of termination.
3 - Except in the case the Client terminates this agreement under clause K.3.2 for an unremedied breach, the Client will have no claim in relation to the adequacy or completeness of the SERVICES nor any documents delivered by the Architect under clause K.4.1.b.
K.5. Surviving Obligations
The rights, obligations and effect of clauses B.7, B.8, B.9, F.1, F.2, F.3, G.2, H.4, K.4 and this clause K.5 survive and continue to be in effect even if this agreement ends or is terminated under section K or a special condition.
L. SPECIAL CONDITIONS
The parties agree to the special conditions, if any, stated in this agreement. These special conditions apply to and take precedence over all other terms of this agreement.
M. DEFINITIONS
Defined terms are shown capitalised and have the meaning and details given in the Contract Schedule of this agreement and unless the context otherwise requires:
BIM means Building Information Modelling software and forms of digital data, or equivalent digital technologies and processes from time to time.
CLIENT INFORMATION means all data, design, drawing, document or other information or materials given to the Architect for the purposes of the Services, whether provided by the Client or created on behalf of the Client.
CODE OF PRACTICE means the Australian Institute of Architects’
Code of Professional Conduct issued under the Architects Act
2003 (NSW) or the Architects Regulation 2017(NSW) as amended or replaced from time to time.
COST OF WORKS is the final cost of all work designed, specified or scheduled by the Architect. including all work designed, specified or scheduled by Specialist Consultants coordinated by the Architect. including:
1 - the final adjusted contract price (excluding GST) in accordance with a building contract for the Project, plus
2 - the equivalent final cost (excluding GST) of work or items supplied by the Client to the building contractor (as if provided by the building contractor under the building contract), plus
3 - the final cost (excluding GST) of any part of the Project provided under a contract other than the building contract;
4 - but excludes GST and the fees, costs and charges of:
5 - an authority, agency or tribunal;
6 - any other consultant; and
7 - in connection with finance, removal or relocation.
THE DESIGN includes all design concepts, drawings and documents created in connection with or delivered under the Services.
DISBURSEMENT means the disbursements payable in accordance with clause D.8, as required.
FEE means the fee for Services set out in Fee Schedule and calculated in accordance with clause D.
PROJECT means the project briefly described in Your Project of this agreement.
SERVICES means the services described in Design Scope of Services
SITE means the location identified in Your Proposal of this agreement.
SPECIALIST CONSULTANT has the meaning given in clause E.1.
STATUTORY / AUTHORITY means Australian Government body established through legislation for a public purpose.
TOTAL PROJECT COST is the (build) COST OF WORKS plus all other costs to the Client associated with the Project. including but not necessarily limited to:
1 - removal and relocation costs
2 - design and construction contingencies, including escalation costs architectural, consultant and other professional fees
3 - authority fees and charges
4 - legal fees
5 - landscaping
6 - loose or unaffixed furniture, fittings and equipment
7 - GST
8 - finance charges, marketing and promotional costs.