Context
A client appoints an architectural professional to provide a service for a project as contemplated by the Architectural Professions Act, Act No 44 of 2000 and the National Building Regulations and Building Standards Act N0103 of 1977.
The architectural professional accepts the appointment to exercise reasonable professional skill, care and diligence in the performance of obligations, for an appropriate fee, and defined in formal agreement.
The architectural professional is authorised to act for the client, and fulfils an architectural professional’s service using current standard contracts used in the industry. For the construction stage of a project, the relationship between the client, contractor and architectural professional as agent, or principal agent is defined in a building agreement such as the JBCC.
The professional enters into a contract of agency in a suitable agreement, typical agreements provide for a standard service and for partial services. A standard service comprises appointment as Architectural Professional, Principal Consultant and Principal Agent. The parties to an agreement select the architect’s service applicable to the project. Additional services are selected as the parties may deem appropriate.
Standard Service
In a standard architectural service, which consists of six work stages, the Architectural Professional is appointed to fulfill the obligations provided for as architectural professional, principal consultant and principal agent, described as a ‘Full Service’. The essential functions of each work stage relevant to the service are identified herein as:
Stage 1:Inception
Stage 2:Concept and viability
Stage 3:Design development
Stage 4:Documentation and procurement
Stage 5:Construction
Stage 6:Close out
Partial Services
Partial services may be agreed, the options most regularly utilized are:
- Appointed as architectural professional and principal consultant (not as principal agent)
- Appointed as architectural designer (design only)
- Appointed as architectural professional of record (design by others, can be principal agent)
- Appointed as principal agent only
- Appointed as architectural professional to work stage 4.1 (documentation to achieve approval only)
- Appointed to perform additional services (formerly described as ‘supplementary services’)
