Contract with the Client

The Architectural Agreement

The contract is an important document and serves as evidence in a potential conflict situation. Be sure to draft it clearly and unambiguously and to identify as clearly as possible the obligations on either side. While specimen contracts do exist, the contract you draft should always be appropriate to your specific situation. 

For every architectural assignment, a written agreement must be drafted. That agreement most clearly define the obligations of the parties. See on this subject Article 20 of the Code of Professional Conduct and Practice.

Compulsory Elements of the Contract 

• identities of the parties;
• description of the appointment;
• (services to be provided, method of execution, etc.);
• project design and inspection of the progress of the work.
  (It is implicit in the Code of Professional Conduct and Practice that some of the components listed in Article 20 need not be assumed by the architect - with the client's consent, of course - with the exception of the project design and inspection of the progress of the work.);
• insurance details (insurance company and policy number, etc.);
• the provincial council with which you are registered;
• a determinable fee at minimum 
  (depending on his title, the architect is remunerated in fees, stipends, salary or pay that affords him a means of existence and enables him to practice his profession with honour and integrity. It must also allow him to cover his expenses. The fee is determinable if the contract contains objective elements which allow its determination without necessitating a new contract between parties);
• contract date;
• signatures of the parties.

Please note: this list is not exhaustive

Most of the elements above also come under the duty to advice and assist a client, which became binding on architects in 2014 (see overview of relevant provisions in the Code of Economic Law). 

Recommended Elements of the Contract

• information on the construction site (address, land area, land register, etc.)
• description of the construction project;
• target start and end dates for the work;
• budget and overrun procedure; 
• method of calculating the fee, means of payment, payment for extra work (such as safety coordination),etc.
• statement of tasks/studies outsourced to consultants and/or external parties (such as structural engineering, heating, acoustic studies, etc.). 
• description of the architect's responsibilities in this regard;
• information on inspection of the progress of the work;
• copyrights;
• terms of completion;
• obligations of the client;
• client insurance information;
• early contract-termination procedure.

Please note: this list is not exhaustive