The architect should ensure that the cost of architectural services provided to a client:
reflects the fee structure specified in such an agreement, and
accurately reflects the amount of work done or to be done for the client in the provision of the services (including any variations to the services).
The architect should enter into such a written agreement before commencing to provide the architectural service concerned. However, if the service to be provided is urgent, the agreement should be provided to the client within 10 business days of commencing to provide the service.
If the architect is to provide a home design service, the written agreement may be in the form of the current model home design client agreement (if any).
For the purposes of this clause, an architect administers a building contract on behalf of a client if:
the contract concerns the construction of a building and is entered into by the client with a builder (the building contractor), and
the architect is not a party to the contract, and
the architect has been engaged by the client to inspect and administer the provision of services by the building contractor under the contract.
If an architect is administering a building contract on behalf of a client, the architect:
should act with fairness and impartiality in administering the
should discharge the architect’s obligations in connection with the administration of the contract diligently and promptly, and
should provide the client with relevant information about the administration of the contract in a timely manner, and
should not seek or receive any payments or other inducements from any person wishing to influence the architect to administer the contract for the benefit or detriment of any party to the contract.
Deposits and retainers
Unless otherwise expressly agreed by an architect and the architect’s client, the architect should not seek or accept a retainer or deposit for the provision of any architectural services to be provided if that retainer or deposit is more than 10% of the reasonably expected or agreed total fee for the services to be provided.
Subclause (1) does not apply to an architect in connection with the provision of any architectural service:
to any individual who does not reside within Australia or,
to any firm or corporation that does not have a place of business within Australia, or
Architects Regulation 2004 Schedule1
NSW Architects Code of Professional Conduct