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Is your Client engaging an Architect?
If a client comes to you for advice on engaging an Architect they should be applauded. Often vulnerable clients’ simply sign the agreements presented and are left with limited options should an unscrupulous Architect decide to take advantage of them. When reviewing Architectural agreements these are a few issues to look out for:
1. Who owns the design? – Copyright or moral rights over the design can be used to hold your client to ransom. A license to use the design, and a release from each individual who will work on the design, should be included in the contract. The Architect should also issue electronic drawings (DWG and PDF). This will save time and expense if there is a change of Architects.
2. What is the Architect doing? – Architects, as well as performing design work, often supervise the building contractor and the co-ordination of consultants. The contract should clearly describe the scope of these services. In addition make sure the Architect has a suitable amount of Professional Indemnity insurance.
3. What is the time-frame? – Timings should be agreed for each stage of the project documentation. It is common to split the documentation into Concept, DA, Tender and Construction stages. The contract should also specify that the Architect will answer builder’s requests for information quickly to avoid any construction delays.
4. Who pays for amendments? – In some contracts Architects can claim payment for fixing their own mistakes! Make them responsible for fixing their own errors.
5. WATCH OUT FOR THE SECURITY OF PAYMENT ACT! – It is important to remind your client that Architects are entitled to make payment claims on home owners under the Building and Construction Industry Security of Payment Act 1999. If the owners receive a payment claim they only have 10 business days from receipt of the payment claim to reply with a proper payment schedule or the claimed amount becomes a debt due and payable.
If you have any problems with respect to your contract with your architect that you wish to discuss please don’t hesitate to contact us.
1. Who owns the design? – Copyright or moral rights over the design can be used to hold your client to ransom. A license to use the design, and a release from each individual who will work on the design, should be included in the contract. The Architect should also issue electronic drawings (DWG and PDF). This will save time and expense if there is a change of Architects.
2. What is the Architect doing? – Architects, as well as performing design work, often supervise the building contractor and the co-ordination of consultants. The contract should clearly describe the scope of these services. In addition make sure the Architect has a suitable amount of Professional Indemnity insurance.
3. What is the time-frame? – Timings should be agreed for each stage of the project documentation. It is common to split the documentation into Concept, DA, Tender and Construction stages. The contract should also specify that the Architect will answer builder’s requests for information quickly to avoid any construction delays.
4. Who pays for amendments? – In some contracts Architects can claim payment for fixing their own mistakes! Make them responsible for fixing their own errors.
5. WATCH OUT FOR THE SECURITY OF PAYMENT ACT! – It is important to remind your client that Architects are entitled to make payment claims on home owners under the Building and Construction Industry Security of Payment Act 1999. If the owners receive a payment claim they only have 10 business days from receipt of the payment claim to reply with a proper payment schedule or the claimed amount becomes a debt due and payable.
If you have any problems with respect to your contract with your architect that you wish to discuss please don’t hesitate to contact us.
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