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provide architectural services to a client or an employer, the architect should:

  • (a)

    disclose to the client or employer if a conflict of interest exists, or is likely to exist in the future, between the interests of the client or employer and the interests of the architect (or an existing client of the architect), and

  • (b)

    if the conflict of interest exists, or could reasonably be expected to arise in the future, because of the interests of an existing client— obtain the informed consent of the existing client to the contract or arrangement.

  • (2)

    An architect should disclose to a client, or to a prospective client, for an architectural service if the architect has received any payment or other advantage for endorsing, or making comments about, any product or service likely to be used in connection with the provision of the architectural service.

  • (3)

    An architect should not accept an engagement to provide architectural services to a client referred to the architect by a third party to whom the architect has given or offered to provide a fee or other benefit for the referral of clients or potential clients unless the architect has first disclosed to the client the architect’s arrangement with the third party.

  • (4)

    An architect should not act for a client in any dealing with a third party from whom the architect may receive (whether directly or indirectly) any fee or other benefit in respect of that dealing unless before acting for the client in the dealing:

    • (a)

      the architect has disclosed to the client in writing the nature and value of any fee or other benefit that may be received by the architect, and

    • (b)

      the architect has obtained the consent of the client to the dealing.

Part 3

Standards concerning dealings with clients

6

Provision of information to clients and prospective clients

  • (1)

    An architect should provide sufficient relevant information with reasonable promptness to enable a client or prospective client to make an informed decision in relation to the provision of architectural services.

  • (2)

    In particular, the architect should take all reasonable steps to:

  • (a)

    ensure that all information and material provided is truthful, accurate and unambiguous and relevant to the client’s interests, and

  • (b)

    provide a client with information about an architectural service that is sufficient to enable the client to make decisions about the provision of the service and that clearly identifies the implications of various decisions that could be made by the client about the service, and

    • (c)

      avoid making misleading or false comparisons with architectural services provided by competitors.

  • (3)

    An architect should take all reasonable steps to ensure that a client is informed of:

Architects Regulation 2004 Schedule1

NSW Architects Code of Professional Conduct

4

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