Architectural Services Contract

J & A Lev trading as Jiri Lev Architects
ABN 71 373 662 691
Responsible Architect: Jiri Lev, Registered Architect (TAS) No. 1269
www.lev.au | +61 456 532 529

1. Contract

These terms apply to architectural services provided by Jiri Lev Architects (the Architect) to the Client, where incorporated into an agreed commission, unless otherwise agreed in writing.

The Client, project, scope, fees, expenses, timeframes and other particulars are identified through written correspondence, ordinarily by email, which forms part of this Contract. Project-specific written arrangements take precedence over these standard terms.

2. Services

The Architect will provide the services agreed in writing, exercising reasonable professional skill, care and diligence.

Design and drafting commissions generally include architectural design and construction drawings appropriate to the agreed project, which, together with any necessary additional documentation, are intended to support statutory approvals and construction.

Services not expressly included are excluded. Unless otherwise agreed, the Architect is not responsible for construction supervision, site safety, building methods or the builder’s compliance with documentation. Building contract administration is excluded unless expressly included.

Construction cost estimates are indicative and do not guarantee actual construction costs. Statutory approvals and decisions of third parties cannot be guaranteed.

The Client will provide necessary information, decisions, instructions and site access in a timely manner. The Architect may reasonably rely on information supplied by the Client and qualified third parties, subject to the Architect’s professional duty of care.

3. Surveys and specialist consultants

Where appropriate and included in the agreed services, the Architect undertakes in-house 3D laser site or building surveys, reducing the need for separate measured surveys.

Specialist surveys, including cadastral, engineering and geotechnical surveys, may still be required.

Unless otherwise agreed, specialist consultants are engaged and paid directly by the Client. The Architect may coordinate and reasonably rely upon their professional advice and documentation.

Each consultant remains responsible for their own professional services. The Architect is not responsible for independent errors or omissions of consultants or contractors, except to the extent arising from the Architect’s own negligence or agreed responsibilities.

4. Design stages and revisions

For design and drafting commissions, the agreed fee ordinarily includes up to three rounds of client-requested revisions at each of three design stages, as identified in project correspondence.

These revisions accommodate reasonable changes within the agreed project scope.

Substantial redesign, changes to the brief or additional services may attract further fees, which must be agreed in writing before proceeding.

5. Fees and payment

Professional fees, expenses and disbursements are as agreed in writing, ordinarily by email, including the basis of calculation and estimated disbursements where possible.

Unless otherwise agreed, design and drafting fees are invoiced in two instalments:

50% deposit to commence work.
50% balance upon completion of the agreed drawings.

Fees for other services are invoiced monthly, with a statement of account provided to the Client.

Invoices are payable within 14 days unless otherwise agreed. Additional expenses and third-party costs require the Client’s prior approval.

The Architect may suspend services for materially overdue payments following reasonable written notice. Services may resume upon payment, subject to reasonable adjustment of the timeframe.

6. Communication

Routine correspondence, emails and telephone calls concerning the agreed services are included in our fees, without additional charges.

Clients are welcome to contact the Architect with questions throughout the project and after its completion, without incurring charges for ordinary enquiries.

The Architect will keep the Client reasonably informed of progress, generally by email, and respond promptly to reasonable enquiries.

7. Timeframes

Project commencement, anticipated completion and design milestones will be agreed in writing, ordinarily by email.

Timeframes are indicative unless expressly agreed otherwise and may be reasonably adjusted for variations, delayed instructions, statutory approvals or circumstances beyond the Architect’s control.

The Architect will advise the Client promptly of circumstances likely to prevent the agreed services from proceeding as anticipated.

Where a project is substantially delayed, suspended or prolonged for reasons beyond the Architect’s control, reasonable adjustments to fees and timeframes may be agreed in writing, including any additional costs associated with recommencement.

8. Guarantee and corrections

The Architect guarantees prompt and free correction of any errors or omissions attributable to its own work, including those identified after completion of the project.

Such corrections will be undertaken without additional professional fees and do not count towards the Client’s allowance of design revisions.

Changes to the Client’s requirements, third-party work or new requirements arising after completion are not considered corrections of the Architect’s errors or omissions.

This additional guarantee applies for five years following completion of the agreed architectural services. It is additional to, and does not limit, any rights or remedies available under Australian law.

Clients may request corrections through their existing project correspondence or the contact details published on our website.

9. Documentation and copyright

Upon payment of the applicable fees, the Client receives a non-exclusive licence to use the documentation for the agreed project at the nominated site, including providing it to relevant builders, consultants and authorities.

Documentation may not be reused for another project or site without the Architect’s written consent.

Completed documentation is ordinarily supplied electronically in PDF format. Editable source files are excluded unless otherwise agreed.

The Architect is not responsible for alterations or subsequent uses of the documentation undertaken without its involvement, except to the extent of its own legal responsibility.

10. Variations and termination

Changes to the scope, fees, expenses or timeframes must be agreed in writing, including by email. The Architect will advise the Client of the anticipated consequences of a proposed variation before proceeding. Agreed variations form part of this Contract.

Either party may terminate this Contract by reasonable written notice. A material breach may justify termination following written notice and a reasonable opportunity to remedy it, where appropriate.

The Architect must withdraw where continued services would contravene applicable professional or legal obligations.

Upon termination, the Client is responsible for services reasonably performed and authorised expenses incurred. Any overpayment will be refunded.

The Architect will provide completed documentation relating to paid-for services in PDF format, identify any incomplete work and arrange delivery within a reasonable period, subject to applicable law.

11. Professional obligations, insurance and liability

The Architect will comply with the Architects Act 1929 (Tasmania), Architects Regulations 2023 and the Board of Architects of Tasmania Code of Practice, together with other applicable legislation.

The Architect maintains appropriate professional indemnity insurance and will protect Client confidentiality in accordance with applicable professional obligations.

To the maximum extent permitted by law:

(a) The Architect’s maximum aggregate liability to the Client arising from or in connection with this Contract, whether in contract, negligence, statute or otherwise, is limited to the net amount actually recovered under the Architect’s professional indemnity insurance in respect of the relevant claim, unless otherwise expressly agreed in writing.

(b) The Architect is not liable for indirect, consequential or special losses, including loss of profit, loss of business opportunity or liabilities incurred under separate agreements.

(c) Where applicable law permits the limitation of remedies for a failure to comply with a statutory consumer guarantee, the Architect’s liability may, at the Architect’s election, be limited to supplying the relevant services again or paying the cost of their resupply.

Nothing in this clause excludes or restricts rights, remedies or liabilities that cannot lawfully be limited.

Neither party is responsible for losses attributable solely to the independent acts or omissions of third parties, except where responsibility arises under applicable law.

Disagreements arising under this Contract should first be addressed through direct communication, with mediation available by mutual agreement.

Nothing in this Contract excludes statutory consumer rights, professional obligations or the Client’s right to complain to the Board of Architects of Tasmania.

12. General

This Contract is governed by the laws of Tasmania, subject to applicable mandatory laws.

Changes to the published terms do not retrospectively alter existing Contracts without the parties’ consent.

This Contract may be signed physically or electronically.

Both parties consent to the use of electronic signatures, including an emailed statement of acceptance that clearly identifies the person accepting this Contract and confirms their intention to be bound by its terms.

An email expressly accepting this Contract and the relevant project quotation, identifying the Client by full name, may constitute the Client’s electronic signature, provided the requirements of applicable law are satisfied.

The Architect will retain the signed Contract or electronic acceptance together with the relevant project correspondence.