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L4. Conditions of Engagements

Lecture Notes for Final Year Research Paper

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17 views18 pages

L4. Conditions of Engagements

Lecture Notes for Final Year Research Paper

Uploaded by

ljarchierender
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DEPARTMENT OF ARCHITECTURE AND

BUILDING
PAPUA NEW GUINEA UNIVERSITY OF
TECHNOLOGY

BL 581- Professional Practice I


LECTURE 4

Topic:

PNG INSTITUTE OF ARCHITECTS (PNGIA)

CONDITIONS OF ENGAGEMENT
TOPIC OUTLINES
 Introduction
 The Conditions of Engagement
 ARCHITECTS RESPONSIBILITY AND
AUTHORITY
 CLIENT’S RESPONSIBILITIES
 FEE CONDITIONS
 OTHER CONDITIONS
THE INTRODUCTION
 This is a reference or guideline document only.
Architects and prospective clients are free to agree
conditions of engagement and fees on any basis
whatsoever, providing that these are not in conflict
with the Law applicable in the State of PNG.

 1. Purpose
• The purpose of the note is to provide practitioners
with an indication of an appropriate level of fees for
projects up to K10 million gross construction cost.
The guidance given in this note is based on cost of
providing architectural services and includes an
appropriate allowance for profit.
3. CONDITIONS OF ENGAGEMENT
3.1 ARCHITECTS RESPONSIBILITY AND AUTHORITY

A. SERVICE
 The architect shall perform the services agreed to. In the performance of
those services the architect shall exercise reasonable skill and care in
conformity with the normal standards of the practice of architecture.

B. AUTHORITY
 The client authorizes the architect to act as the client’s agent in such
matters as are set out or implied in the agreement and as are set out or
adopted for the project.
 Where the architect’s services include the administration of a
building contractor or other contract all instructions to the builder or
other contractor shall be given by the architect unless the building
contract or other contract specially provides otherwise.
3. CONDITIONS OF ENGAGEMENTS
C. VARIATIONS TO DESIGN

The architect shall not make any material alteration to,


addition to or omission from the approved design without
the consent of the client, except in case of urgency during
construction, in which case he shall subsequently notify the
client promptly.

D. VARIATIONS TO COST OR TIME

The architect shall inform the client within a reasonable


time if the architect has reason to believe that the
authorized expenditure or the approved time program (if
any) for the project is likely to be varied significantly.
3. CONDITIONS OF ENGAGEMENTS
E. STAGES OF SERVICE

The architect shall not initiate or proceed with any Stage of his
services as set out in Schedule ‘A’ without the authority of the client.

F. CONSULTANTS

Where consultants are appointed, the architect shall direct them and
integrate their services.

Consultants employed by the client whether appointed and paid


directly by the client or by the architect as agent for the shall be
responsible to the client, and the architect’s responsibility to the
client in respect of such consultants shall be limited to directing
them and integrating their services.
3. CONDITIONS OF ENGAGEMENTS
G. SPECIALIST CONTRACTORS AND SUPPLIERS

Where the client directs that specialist contractors and/or


suppliers design part of the project he architect shall be responsible
only for the integration of such design into the design of the project
as a whole.

H. INSPECTION

Where the services to be provided by the architect include contract


administration the architect shall make such inspections as may
reasonably be necessary in order to be reasonably satisfied that the
buildings or other works executed are in general accordance with the
contracts which the architect is administering.
3. CONDITIONS OF ENGAGEMENTS
Supervision of work performed under the building contract or other
contract or contracts is not part of the services to be performed and
provided by the architect pursuant to this agreement.

A clerk of works may be employed by the client, subject to


acceptance by the architect and shall be under the architect’s
direction. He may be paid directly by the client or through the
architect as agent of the client.

3.2 CLIENT’S RESPONSIBILITIES

A. CLIENT’S INSTRUCTIONS

The client shall give to the architect instructions adequate to define


the client’s requirements, including program and budget.
3. CONDITIONS OF ENGAGEMENTS
B. SITE PARTICULARS AND SPECIALISED COUNSELLING

Unless otherwise agreed the client is responsible for the


provision of all legal, survey and other particulars concerning
the site, including particulars of existing structures, services
and features, sub-surface conditions and adjoining sites and
structures and for the provision of specialized counseling not
normally provided by architects.

Should the architect undertake to obtain such particulars or


counseling on the instruction of the client, he shall do so as
agent of the client and at the client’s expense.
3. CONDITIONS OF ENGAGEMENTS
C. SUBMISSIONS

The client shall consider the architect’s submissions and


give decisions and provide required information within a
reasonable time so as not to delay the architect’s work.

D. CLIENT’S REPRESENTATIVE

The client may nominate in writing a third person with


authority to give instructions to the architect with
respect to the project.
3. CONDITIONS OF ENGAGEMENTS
7. CONSULTANTS APPOINTED BY CLIENT

Where consultants are employed by the client, the client


shall ensure that they are acceptable to the architect and
that their terms of appointment include a condition
giving the architect authority to direct them and
integrate their services.
3. CONDITIONS OF ENGAGEMENTS
3.3 FEE CONDITIONS

A. PROGRESS PAYMENTS

The architect is entitled to payment at monthly intervals in amounts


commensurate with the service provided, unless there are special
conditions forming part of this agreement in which case payment
shall be in accordance with those special conditions.

B.CHANGES IN INSTRUCTIONS AND PROTRACTED SERVICES

If the architect’s work is increased due to changes in the client’s


instructions or requirements or if the architect’s work is increased or
his services are protracted due to causes beyond his control,
3. CONDITIONS OF ENGAGEMENTS
then (unless the architect’s fee is already on a time charge basis) and
additional fee shall be chargeable on a time basis, unless some other
basis is agreed. Should any such additional fee become or appear
likely to become chargeable, the architect shall promptly notify the
client

C. REVIEW
Where the architect is required to take over work provided by or on
behalf of the client as a basis for the work for which he is primarily
engaged, then before commencing such work he shall review the
work so provided. If following this review it is necessary for the
architect to make good deficiencies in such work then an additional
fee is chargeable on time charge basis unless some other basis is
agreed upon. Should any such additional fee become or appear
likely to become chargeable, the architect shall promptly notify the
client.
3. CONDITIONS OF ENGAGEMENTS
D. OTHER SERVICES
Where for any services provided by the architect the fee is not stated
in this agreement, such fee shall be on a time charge basis unless
otherwise agreed.

E. RECORDS

Records of reimbursements and expenses pertaining to services,


records of additional services and records of services on a time
charge basis shall be kept by the architect on a generally recognized
accounting basis, and shall be available for inspection by the client or
his authorized representative at mutually convenient times.
3. CONDITIONS OF ENGAGEMENTS
3.4 OTHER CONDITIONS

A. TERMINATION

The services may be terminated by either party on the expiration of


reasonable notice given in writing. Upon termination the architect
shall be entitled to reasonable payment for services provided in
accordance with the agreement.

B. ASSIGNMENT

Neither the client nor the architect shall assign or transfer this
agreement without the written consent of the other. Consent to
assignment shall not be unreasonably withheld.
CONCLUSION
It is important to know the roles played by each
party. The parties involved are; Client and his rep,
Architect, the selected consultants, Clerk of works
and any other person authorized under this
contract to participate. The progress of the works
or documentation will not achieve its goals if a
party is not responsive. Establish a good team work
If problems are going to be avoided. Respect each
other and believe in yourself and success of the
project will be realized.
END

References:
 PNGIA Handbook

Thank you

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