Terms & Conditions

A. SERVICES (SEE SCHEDULE A AND B)

A.1 Architect’s Obligations
The Architect must:

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;
act as the Client’s agent for the Project and, if included in the Services, as required under the selected building contract;
maintain accurate records and keep the Client informed of progress at all stages by way of meetings, reports and other means;
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;
notify the Client of any matter connected with the Services, that may give rise to an ethical or regulatory conflict of interest;
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 clause K, in which case clause 2.2 applies;
comply with applicable Code of Practice; and
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:

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;
the Architect gives no express or implied warranty that the Project or the design is fit for the Client’s purposes;
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;
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;
on completion of the works, the Client is responsible for ongoing and regular maintenance of the Project, including its systems, finishes and equipment;
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
the Client releases and indemnifies the Architect from any claim arising from or in connection with each of the acknowledgements and agreements in this clause 2.

A.3 The Cost of Works

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 on page 1 of this agreement
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.
Whenever revised forecasts of the Cost of Works are prepared, the Client and the Architect must first agree the revised forecast Cost of Works.
Forecasts of the Cost of Works are indicative only and do not guarantee the actual Cost of Works.

A.4 Program of Services

The Client must inform the Architect of the initial program for the Project and from this, the Client and the Architect will agree an initial program for the Services.
The parties may revise the initial program during the Project by mutual agreement

A.5 Protracted Services

If the Services are protracted by any cause beyond the Architect’s control:
the Architect must promptly notify the Client of the cause and, where possible, the anticipated extent of the delay;
the parties must meet to negotiate in good faith and agree a change to the Fee in accordance with clause D.8; and
at that meeting, the parties must agree a revised program under clause 4.2.
If the parties do not agree a change to the Fee and a revised program, the Architect may terminate this agreement effective immediately by giving the Client a notice and clause 2.2 applies.

A.6 Suspended Services

If the Services are suspended for any reason by the Client or the Architect:
the Architect is entitled to payment of all Fees and Disbursements due under this agreement up to the date the Services are suspended; and
all other rights and entitlements of the Architect continue as though the suspension had not taken place.
If the Services are suspended by the Client or under clause D.3.3, the Architect is also entitled to reimbursement of all costs associated with the suspension, including resuming the Services.

B. CLIENT OBLIGATIONS

The Client agrees to:

appoint the Architect to act as its agent for the Project as necessary for the Architect to carry out the Services;
when a builder has been appointed and contract administration forms part of the Services, only issue instructions for the builder through the Architect;
agree with the Architect a reasonable budget for the Cost of Works;
provide all information required by the Architect to complete the Services;
cooperate fully with the Architect to ensure efficient and satisfactory progress through all stages of the Project, including prompt confirmation of approvals given for the Services;
engage directly the Specialist Consultants specified in Item 4, after consultation with the Architect, on the conditions in clause E.1;
allow the Architect reasonable access to photograph or otherwise record the Project before or after completion;
allow the Architect to publicise the Project including for marketing purposes or awards, unless the parties agree otherwise;
attribute the Architect in accordance with clause F.2;
comply with the Architect’s reasonable requirements or directions in respect of access to the Site; and
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:

the Client authorises the Architect to proceed with the Services;
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
either party may, at any time, replace its nominated representative and must notify the other party of any such replacement

D. FEES (See Schedule B)

D.1 Fees payable

In exchange for delivering the Services, the Client must pay to the Architect:

the Fee; plus
all adjustments to the Fee as determined in accordance with the agreement; plus
Disbursements, if applicable.

D.2 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.3 Paying Claims

The Client must pay the amount in a claim for payment (including GST) within 7 business days after receiving
The Client must pay interest at the rate set out in Item 7 on all payments not made by the date for payment set out in the agreement. Interest is calculated from the date that payment was due.
The Architect is entitled to suspend the provision of Services if any payment under this agreement is overdue and clause A.6 applies.
The total lump sum fee or percentage fee stated in Item 1, overrides any error, omission or ambiguity in the amounts allocated to the separate components of the Services in Item 1 or claimed at any stage prior to the final claim for payment

D.4 Percentage Fee

If a percentage fee is selected and applies under Item 1 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.
Subject to clause 4.3, 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.
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 Item 1, the total Fee the Client must pay for that component is the amount stated in Item 1.

D.6 Hourly Rate Fee

If an hourly rate fee is selected and applies under Item 1 for a component of the Services, the total Fee the Client must pay for that component is the hourly rate in Item 2 multiplied by the number of hours of each employee engaged in providing the component of the Services.
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 hours spent on the Project.
Hourly rates in Item 2 are subject to annual review in line with the Consumer Price Index (All Groups).

D.7 Disbursements

The Client must either pay to or reimburse the Architect those Disbursements listed in Item 3.
Disbursements are subject to an additional 15% fee to cover the Architect’s administration costs where indicated in Item 3 and this cost will be payable at the same time as the payment or reimbursement of the Disbursement.

D.8 Change to the Services

If during the course of this agreement, the Architect considers that the Project requires a greater or reduced scope of Services, the parties must negotiate and agree:
1. the changed scope of Services;
2. the changes to the Fee in Item 1 and any Disbursements in Item 3 (as appropriate);
3. the date which any changes will take effect; and
4. the reimbursement due to the Architect if any Services the subject of the change have already been performed
If the parties agree to a change under clause D.8.1:
1. the parties must record their agreement to each of those changes in writing;
2. the Services and Fees under this agreement will be varied as from the date agreed by the parties; and
3. 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
If the parties cannot agree on the changed scope of Services, or a changed Fee, then either:
1. the Services and the Fee will continue to apply without change; or
2. 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 the intention to terminate, and clause 2.2 applies.

E. SPECIALIST CONSULTANTS (SEE SCHEDULE B)

E.1 Specialist Consultant engagement

The Architect and the Client agree the Project will require the services of the specialist consultants specified in Item 4 (the Specialist Consultants).
Item 4 indicates those Specialist Consultants to be engaged directly and paid by the Client, as well as those to be engaged directly and paid by the Architect as part of the Fees.
In relation to any Specialist Consultant engaged directly and paid by the Client, the Client will engage each Specialist Consultant on the basis that:
1. the Client must pay the Specialist Consultant all its fees and disbursements and the Client may seek the Architect’s confirmation that the Specialist Consultant’s services as invoiced have been delivered;
2. the Architect is authorised and responsible for coordinating the Specialist Consultant’s services;
3. the Architect is not responsible for the services delivered by the Specialist Consultant; and
4. the Architect can use, and rely upon, the Specialist Consultant’s deliverables to the extent required for performance of the Services.

E.2 Additional Specialist Consultants

If the Architect and the Client agree that additional Specialist Consultant services are required beyond those specified in this agreement, such additional consultants may be:

engaged directly and paid by the Client; or
if the parties agree to a change under clause D.8, engaged directly and paid for by the Architect

F. INTELLECTUAL PROPERTY

F.1 Copyright

The Architect retains copyright in all Services, design concepts, drawings and documents produced or delivered under this agreement (The Design).
The Architect grants the Client an express, non-exclusive, non-transferrable, revocable licence to use The Design only for the Project on the Site, subject to the conditions that:
1. no licence is granted or implied under this agreement other than the express licence in this clause F.2;
2. 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’s receives all overdue amounts; and
3. 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, in which case the Client may request the Architect’s consent to reinstate the licence and the Architect’s consent must not be unreasonably withheld.
The Client warrants that it will not:
1. use The Design on another site;
2. attempt to assign the licence to use The Design; or c provide or disclose The Design to a third party;
3. unless the Architect has given the Client prior written consent to do so.
If the Client’s use of The Design is inconsistent with or in breach of this clause F.1, the Client indemnifies the Architect from all costs (including legal costs) it may incur.
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.2 becomes irrevocable.

F.2 Moral Rights

The Architect must be attributed in all information containing a 2- or 3-dimensional representation of the Project, or a part of it, whether the Project is complete or no
The form of attribution that must be used is set out in Item 5.

F.3 Electronic Data Transfer

The Client agrees that:

the Architect may issue data electronically to all parties involved in the Project;
the Architect is not responsible for the accuracy, completeness or any contamination of electronically transmitted data; and
the cost of preparing or converting digital data is to be reimbursed by the Client, as set out in Item 3.

F.4 Building Information Modelling

If the parties agree to use BIM in the delivery of the Services and specify the relevant protocol applicable to BIM under this agreement in SCHEDULE A, the Services must comply with the expressly stated protocol (if any).

G. INSURANCES AND LIABILITY (SEE SCHEDULE B)

G.1 Insurances

For the duration of this agreement, the Architect must maintain:

professional indemnity insurance, for not less than the value stated in Item 6;
public liability insurance, for not less than the value stated in Item 6; and
insurance to cover liability for its employees in accordance with statutory requirements.

G.2 Liability

To the maximum extent permitted by law:

subject to subclauses 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 and;
the Architect has no liability to the Client in respect of any indirect, consequential or special losses (including loss of profit, loss of business opportunity and payment of liquidated sums or damages under any other agreement); and
if any of this clause 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 election):
1. supplying the relevant Services again; or
2. the payment of the cost of having the Services supplied again by the Architect

H. GENERAL CONDITIONS

Any consent, approval, request, notification or notice given or required under this agreement must be given in writing (which includes email).
Variations to this agreement agreed between the parties will not be effective unless and until put in writing (which includes email).
Except by operation of law, neither party can assign, novate or transfer this agreement without obtaining the prior consent of the other party.
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
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.
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
This agreement applies to all services delivered by the Architect before the formal execution of this agreement
A notice or other document that is sent in connection with this agreement by mail will be deemed to have been received 3 business days (7 business days in the case of overseas mail) after it is poste
If a notice is sent by email after 5.00pm, the email will be deemed to have been delivered at the beginning of the next business day.
Unless otherwise stated, all figures are in Australian dollars and are exclusive of GST.

J. DISPUTE RESOLUTION

Without limiting the Architect’s rights under clause D.3.3, 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:
1. 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 bona fide attempt to resolve the dispute or difference;
2. if the dispute is not resolved by the 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
3. 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;
4. 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 mediat
5. the mediation must then proceed in accordance with the rules of the Resolution Institute for mediation except that in no case will one party be required to pay more than half of the costs of mediation; and
6. if the parties are unable to resolve the dispute by mediation, confirmed by the mediator in writing, either party may only then take legal action to resolve the dispute

K. TERMINATION

K.1 Termination for the Client’s breach

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.3. The Architect’s notice must identify the material provision that the Client has breached.
If the Agreement is terminated under this clause K.1 or clause D.8.3, without prejudice to any claim the Architect may have against the Client, the Client must pay:
1. the amount due to the Architect for all Services completed prior to the termination date; and
2. the amount for all Services carried out and costs or expenses incurred in connection with the Services by the Architect, up to and including the termination date.

K.2 Termination without reason

The Architect may at any time, without reason, terminate this agreement by giving 30 business days’ notice to the Client
Unless otherwise agreed in writing, on termination of this agreement under clause 2.1 or as otherwise provided in this agreement:
1. the Client must pay:
  - the amount due to the Architect for all Services completed prior to the termination date; and
  - the amount for all Services carried out and costs or expenses incurred in connection with the Services by the Architect, up to and including the termination date; and
2. the Architect must, on receipt of payment, issue to the Client a copy of the relevant documents relating to the Services up to the date of termination; and
3. the Client will have no claim in relation to the adequacy or completeness of any documents delivered by the Architect under clause 2.2.b.

K.3 Termination for the Architect’s breach

The Client may immediately terminate the Agreement by notice to the Architect, if the Architect:

is insolvent or bankrupt (whichever applicable); or
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.

L. SPECIAL CONDITIONS

The parties agree to the special conditions stated in SCHEDULE C. These special conditions apply to and take precedence over all other terms of this agreement.

M. DEFINITIONS

Defined terms have the meaning given on page 1 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.

Code of Practice means the Australian Institute of Architects’ Code of Conduct (if applicable) and where the Services are performed in:

New South Wales, the code of conduct issued under the Architects Act 2003 (NSW) or the Architects Regulation 2017 (NSW);
Victoria, the code of conduct issued under the Architects Act 1991 (Vic) or the Architects Regulations 2015 (Vic);
Queensland, the code of conduct issued under the Architects Act 2002 (QLD) or the Architect’s Regulation 2003 (QLD);
Western Australia, the code of conduct issued under the Architects Act 2004 (WA) or the Architects Regulation 2005 (WA);
Tasmania, the code of conduct issued under the Architects Act 1929 (TAS) or the Architects Regulations 2008 (TAS);
South Australia, the code of conduct issued under the Architectural Practice Act 2009 (SA) or the Architectural Practice (General) Regulations 2010 (SA);
Northern Territory, the code of conduct issued under the Architects Act (NT) or the Architects Regulations (NT); and
Australian Capital Territory, the code of conduct issued under the Architects Act 2004 (ACT) or the Architects Regulation 2004 (ACT),

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:

The final adjusted contract price (excluding GST) in accordance with a building contract for the Project, plus;
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;
The final cost (excluding GST) of any part of the Project provided under a contract other than the building contract,

But excludes GST and the fees, costs and charges of:

An authority, agency or tribunal;
Any other consultant; and
In connection with finance, removal or relocation.

Disbursement means the disbursements payable in accordance with clause D.7, as set out in Item 3.

Fee means the fee for Services set out in Item 1 and calculated in accordance with clause D and includes the Mobilisation Fee, if applicable, and all fees of a Specialist Consultant engaged by the Architect under clause E.1.2.

Mobilisation Fee means the lump sum amount set out in Item 1 (if any) to be paid by the Client to the Architect within 5 business days of the date of this Agreement and is a non-refundable advance payment for Services delivered under this agreement.

Project means the design and the construction of a building on the Site, briefly described on page 1 of this agreement.

Services means the services for the Project, described in Schedule A that are marked as “Included”.

Site means the location identified on page 1 of this agreement.

Specialist Consultant has the meaning given in clause E.1.

The Design has the meaning given in clause F.1.

Total Project Cost is 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 or unaffixed furniture, fittings and equipment
finance charges, marketing and promotional costs

SCHEDULE A_ SCOPE OF SERVICES

This Schedule A sets out the services that are included and those available at an “Additional cost” under this agreement. Only those marked as “Included” will form part of the Services under this agreement unless the parties agree to a change under clause D.8. Where no box has been marked for a line item, or in the case of an ambiguity, that item is “Excluded” from the Services.

A CORE ARCHITECTURAL SERVICES

A.1 Concept Design

Pre- Design:

Included

obtain the Client’s design brief and other requirements
arrange, attend and record meetings with the Client
provide recommendations for the appointment of other Specialist Consultants as required, including their fees
assess the Site and visually assess site conditions and constraints
make initial inquiries regarding authority regulations and requirements

Design:

Included

arrange, attend and record meetings with the Client, authorities, other consultants and other relevant parties
undertake preliminary assessment of authority regulations and requirements
prepare sketches, diagrams and other information to adequately explain the concept
prepare design briefs for other consultants
undertake preliminary selection of materials and finishes
provide Client with copies of design documentation in PDF format

Excluded

coordinate a preliminary forecast of the Cost of Works
coordinate cost consultant’s forecast of the Cost of Works

Approvals:

Included

obtain the Client’s written approval of the Concept Design documents
obtain the Client’s written approval to proceed with Design Development
client’s written approval to prepare the Town Planning/Development Application, where required

A.2 Design Development

Developed Design:

Included

develop the approved Design Concept and present documents and other information to adequately
arrange, attend and record meetings with the Client
arrange, attend and record meetings with authorities, other consultants and other relevant parties
coordinate the work of other Specialist Consultants
provide schedule of proposed materials and finishes
consult and attend preliminary meetings with relevant authorities regarding the developed design

Excluded

review the developed design against the budget and coordinate the preparation of an updated forecast of the Cost of Works

Approvals:

Included

obtain the Client’s written approval of the developed design
obtain the Client’s written approval to submit Planning/Development Application, when required
obtain the Client’s written approval to proceed with Construction Documentation

A.3 Planning/Development Application

Included

confirm statutory authority requirements
attend pre-application meetings with relevant authorities prior to submission of formal application
prepare application, including plans, diagrams, analyses, studies, reports and other information for the submission
coordinate required Specialist Consultants on behalf of the Client

Excluded

assist the Client with lodging formal application
coordinate preparation of an updated forecast of the Cost of Works

A.4 Construction Documentation

Documents:

Included

arrange, attend and record meetings with the Client
coordinate and integrate the work of other Specialist Consultants
prepare drawings including plans, elevations and sections, together with other details and schedules to be submitted for statutory approval to construct the project
prepare specifications in accordance with the drawings and the Client’s requirements describing the quality of materials, finishes and quality of work necessary to be submitted for statutory approval
submit required documents for statutory approval
prepare further drawings, specifications and schedules to enable the construction of the project

Excluded

coordinate the preparation of a pre-tender forecast of the Cost of Works
provide recommendations to the Client on the preferred method of building contractor selection

Approvals:

Included

obtain the Client’s written approval to submit for statutory approval
obtain the Client’s written approval of all construction documents
obtain the Client’s written approval to proceed with building contractor selection

A.5 Contractor Selection

Undertake one of the following two methods (1) or (2) for the selection of a building contractor:

Tender:

Excluded

assist Client in determining the preferred tender process
prepare tender documents and issue to all tenderers
respond to enquiries from tenderers
receive and open the tenders
together with the cost consultant, if any, assess the tenders
negotiate with the preferred tenderer if required to obtain an offer acceptable to the Client
prepare reports on tenders and recommendation for Client acceptance

Negotiated Offer

Excluded

assist Client in determining the preferred negotiation process
issue relevant documents to the prospective building contractor to describe the scope of the works
arrange and coordinate negotiations and enquiries with the prospective building contractor
together with the cost consultant, if any, assess all submissions from the prospective building contractor required to establish the contract price and final project scope
prepare report and provide recommendations for Client acceptance

Approvals:

Excluded

obtain the Client’s written approval to prepare the contract documents

A.6 Contract Administration

Pre-Construction:

Excluded

prepare one draft of the contract documents in the form previously approved by the Client in the ‘Contractor Selection’ phase
arrange for signing and execution of the building contract documents by the building contractor and owner

Construction:

Excluded

administer the building contract under its terms
issue copies of construction documentation to the building contractor and issue amended documents as needed
report regularly to the Client regarding time, cost and progress of the project
visit the Site periodically to observe the general conformance of the construction works with the buildingcontract 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
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 when required
assess and determine the building contractor’s progress claims and issue progress certificates
assess the building contractor’s claims for adjustments of time
adjust 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

Post -Construction:

Excluded:

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

B ADDITIONAL ARCHITECTURAL SERVICES

B.1 Feasibility Study

Included

establish with the Client the project objectives and constraints
arrange, attend and record meetings with the Client, consultants and other relevant parties
review statutory planning controls and guidelines
analyse Site opportunities and constraints
prepare relevant functional relationship and spatial diagrams

Excluded

determine key financial indicators for the project
provide report of findings and recommendations

B.2 Record Documents

Included

prepare drawings showing existing buildings, visible services and finishes
prepare record documents showing completed buildings, visible services and finishes

Excluded

undertake detailed photographic survey of existing Site and buildings
coordinate survey of existing Site and building conditions by Specialist Consultants
undertake detailed existing building measurement

B.3 Planning/Development Application: Negotiation

Excluded

arrange, attend and record meetings with the Client
as directed by the Client, negotiate and attend meetings with relevant authorities, adjoining owners or other relevant parties
prepare additional drawings and documentation and/or amend existing drawings and documentation to comply with additional authority requirements
submit additional or revised documentation to the relevant authority for endorsement
assist the Client in preparing instructions for relevant Specialist Consultants
prepare additional documentation or evidence for planning courts or tribunals
attend hearings and give evidence at planning courts/tribunals

B.4 Illustration

Excluded

provide 2D marketing drawings
provide 3D illustrations
provide digital animations

B.5 Trade Package Documentation

Excluded

assist Client-appointed programmer (or programmer appointed by selected building contractor/ construction manager/ project manager) in preparation of agreed program trade documentation packages
provide documentation, including relevant drawings, specifications and schedules in trade package format
provide matching specification for each trade package
provide set of standard preliminaries suitable for inclusion with all trade package documentation
co-ordinate Client-appointed consultants in preparing trade package documentation for specialist sections of the works
assist Client-appointed building contractor/construction manager/project manager in response to queries from trade contractors

B.6 Other Services

Excluded

Preparing for Planning tribunal proceedings
Preparing additional documentation for Planning tribunal proceedings
Co-ordinating on behalf of Client relevant Specialist Consultants to attend Planning tribunal proceedings
Attending Planning tribunal proceedings
administer the procedures under the building contract for a dispute between the parties
preparing for court or tribunal proceedings for dispute under the building contract
Co-ordinating on behalf of Client relevant Specialist Consultants to attend mediation, arbitration, court or tribunal proceedings
attending mediation/arbitration proceedings for dispute under the building contract
attending court or tribunal proceedings for dispute under the building contract

SCHEDULE B_ SCHEDULED ITEMS

ITEM 1. PERCENTAGE FEE – NOT APPLICABLE

ITEM 1. LUMP SUM FEE – REFER FEE PROPOSAL

ITEM 2. HOURLY RATES – REFER FEE PROPOSAL

ITEM 3. DISBURSEMENS (Excl. GST) (See clause D.7)

Client to Pay

Fees, taxes, levies or charges paid to authorities
Advertisements and notices
Special presentation material, models, perspectives
Rental of special equipment
Digital data file transfers and digital file conversions
Photographic records
Courier and parcel postage services
Copies of documents other than to Client for Client’s own use
Colour reproductions of documents
Building contracts
Travel time
Vehicle use beyond 30km from office
Interstate, intrastate, or overseas travel

ITEM 4. SPECIALIST CONSULTANT (See Clause E.1)

Client to Engage

Cost Consultant
Land Surveyor
Quantity Surveyor
Structural/Civil Engineer
Mechanical Engineer
Electrical Engineer
Hydraulic Engineer
Fire Service Engineer
Certification (Building Surveyor)
Planning Consultant
Geotechnical Engineer
Landscape Engineer
Interior Design Consultant
ESD Consultant
Heritage Consultant
Façade Engineer

ITEM 5. FORM OF ATTRIBUTION (See Clause F.2)

ITEM 6. INSURANCE AND LIABILITY (See Clause G.1)

ITEM 7. INTEREST (See Clause D.3.2)

15% per annum

SCHEDULE C_ SPECIAL CONDITIONS

Special Conditions (See Section L)

Details

Invoices to be paid within 7 days or work will cease.
All variations shall be in writing detailing the reason for the variation, the impact on the Fee, term and/or the scope of the Agreement and shall be signed by both parties. The Client shall be required to respond to any variation submitted by Co-lab within ten (10) working days. Failure to do so will entitle Co-lab to add the cost of the variation to the Fee. Payment for all variations must be made in full at the time of their completion.
At Co-lab’s sole discretion, a deposit may be required.
The Client shall not be entitled to set off against, or deduct from the Fee, any sums owed or claimed to be owed to the Client by Co-lab nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify Co-lab in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Co-lab investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Co-lab placing the Client’s account into default and subject to default interest in accordance with Item 7
Any time specified by Co-lab for delivery of the Services is an estimate only and Co-lab will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that Co-lab is unable to supply the Services as agreed solely due to any action or inaction of the Client then Co-lab shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date and the Client shall be liable for those costs.

Terms & Conditions

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