Our work is governed by the NSW Architects Code of Professional Conduct, which provides architects and their clients a statement of the required standards for architectural services. You can download a copy of the Code here:

https://www.architects.nsw.gov.au/publication-articles/92-architects-code-of-professional-conduct

1.1.  Total Project Cost:

Is inclusive of GST as is defined in Cost of Works plus all other costs to the client associated with the project but not necessarily limited to: removal and relocation costs, design and construction contingencies, consultant and professional fees, authority fees and charges, legal fees, landscaping, loose furniture, fittings and equipment, finance charges, marketing and promotional costs. The architect is not responsible for monitoring or controlling the Total Project Cost for client.

1.2.  Cost of Works:

Is exclusive of GST and is defined as the final cost of all work designed, specified or scheduled by the architects, including all work designed, specified and/or scheduled by specialist consultants coordinated by the architect, including final adjusted contract price (ex GST) in accordance with any building contract plus the equivalent final cost (ex GST) of any of work or items supplied to the building contract by the client plus the final costs (ex GST) of any part of the project provided under a contract other than the building contract.

1.3.  Public Information:

Means any information containing two or three-dimensional representation of the project, or part of it published, exhibited or communicated to persons other than the client or architect or their representatives.

1.4.  The Design

The Design means, design concepts, drawings and documents provided under this agreement.

The client must

1.1.  Appoint the architect to act as its agent for the project as necessary for

the architect to carry out the services.

1.2.  provide all information required by the architect to complete the services described in this Agreement.

1.3.  Cooperate fully with the architect to ensure efficient and satisfactory progress through all stages of the project.

1.4.  Pay all fees due including GST for the services, disbursements, and interest on overdue accounts.

1.5.  Engage directly any specialist consultants and pay all fees and expenses associated with their engagements.

1.6.  Allow the architect reasonable access to photograph or otherwise record the project before or after completion.

1.7.  Allow the architect to publicise the project for marketing purposes unless agreed otherwise.

1.8.  Attribute the architect for the services performed.

1.9.  Notify the architect in writing of any details of the project required to be kept confidential.

he architect must:

1.1.   Provide the services described in this agreement with the skill and professionalism of a reasonably competent architect.

1.2.   Act as the client’s agent for the project and as required under the selected building contract.

1.3.   Together with the cost consultant if any, coordinate the preparation of all estimates of the Cost of Works.

1.4.   Coordinate and integrate the work of all specialist consultants engaged for the project.

1.5.   Maintain accurate records and keep the client informed of progress by way of meetings, reports, and other means at all stages.

1.6.   Notify the client promptly in writing when an instruction from the client or any other requirement changes the scope of services or requires services not provided for by this agreement.

1.7.   For any required service not provided for by this agreement provide the client with an estimate of fees and the likely impact on the estimated cost of works and the program.

1.8.   Notify the client promptly in writing of any matter connected with the architects services, ethical or regulatory, that may give rise to a conflict of interest.

1.9.   If a conflict arises, notify the client promptly in writing and suspend the services until the conflict is removed, or the agreement is terminated.

1.10. Maintain registration with the architect’s registration board in the state or territory where the project is located.

Despite anything expressed or implied elsewhere in this agreement, the architect and client agree that:

4.1.   The architect is not responsible for ensuring the constructed project complies with the building contract documents, but when engaged for contract administration services, is required to instruct the building contractor regarding requirements of the building contract documents, according to the contract terms.

4.2.   The architect gives no express or implied warranty that the project or the design is fit for the client’s purpose.

4.3.   Any natural materials selected for a project may change in appearance or dimension following exposure to use or climatic conditions and this is normal behaviour for such materials.

4.4.   The scope of the architect’s services does not include any services in relation to asbestos, other hazardous materials, or any other site contaminant.

4.5.   Upon completion the client is responsible for ongoing and regular maintenance of the project, including its systems, finishes and equipment.

4.6.   Except by the operation of law neither party can assign or transfer their entitlements or obligations under this agreement without the prior written consent of the other party

4.7.   The applicable law of this agreement is the law of the state or territory in which the site of the project is located, unless it is outside Australia, which case it is the law of the state or territory of the architect’s address stated in this agreement.

4.8.   Nothing makes ineffective, or reduces, any protection at law from liability which the architect is entitled to in the state or territory of the applicable law.

4.9.   This agreement supersedes all prior agreements relating to the architect’s services for the project and applies to all services provided by the architect before the formal execution of this agreement.

5.1.   All consultants are to be engaged and paid by the client. The architect is not responsible for the services provided by the specialist consultant.

5.2.   The architect is responsible for coordination of the specialist consultant’s services.

5.3.   The client is to pay the specialist consultant all its fees and disbursements, but the client may seek the architect’s confirmation that the consultant services invoiced have been provided.

6.1.   If the client does not provide a budget prior to the start of the concept design the architect is not responsible for the costs of works.

6.2.   The architects do not at any time provide detailed cost estimates of the construction costs. We propose that the Client engage a qualified third party to provide a cost estimate. We generally work closely with a Quantity Surveyor as soon as the concept design is near completion so as not to develop a design that is not suitable to the Client budget. If you decide not to engage a cost consultant or if the consultant underestimates the costs and we later (usually at tendering) need to amend the design this work is not included in this fee proposal. If the cost consultant informs you that you are over budget and you wish to stick to the agreed budget after the concept design, we will amend the design as part of the fee.

7.1.   Changes to services may be agreed by mutual agreement in writing.

8.1.   While always attempting to provide architectural solutions, which are compatible with local authority requirements, we are unable to guarantee consent of the proposed development or what conditions the authorities may apply to a consent.

8.2.   Changes to the design due to conditions or rejection by authorities do not form part of this fee. We should however point out that we have never worked on a design that has been submitted to council for development consent that has not (eventually) been approved.

9.1.   If the client requires a specific time frame for the project, the client must inform the architect of the required program in writing prior to commencement of the project.

9.2.   The program may be revised during the project by mutual agreement in writing.

1.3.   If no program is provided by the client, the architect cannot be held responsible for perceived time delays.

9.4.   Time delays due to the clients’ inability to make decisions or provide information may result in further fees. The architect must notify the client in writing prior to any additional fees being charged due to time delays.

9.5.   Placing projects ‘On Hold’: The fees are based on a continuous flow of work to ensure efficient use of time. If the client requests the project to be put on hold for more than a month, the architect is entitled to a fee of $500.

10.1.   If the architect’s services are protracted by any cause beyond the architect’s control, the architect must notify the client in writing of the cause and anticipated extent of protraction and the architect is entitled to additional fees and to a reasonable extension of the agreed program.

10.2.   Definition of Protracted: ”lasting for a long time or made to last longer than necessary” This allows Sierra Studio to request additional fees should there be delays in the progress of the project beyond the control of the architect or should there be design revisions beyond what has been allowed for.

11.1.   Where the architect’s services are suspended for any reason by the client or the architect, the architect is entitled to payment of all fees and Disbursements due.

11.2.   Where the architect’s services are suspended by the client, the architect is also entitled to reimbursement of any associated costs.

11.3.   In either case, all other rights and entitlements of the architect continue as though the suspension had not taken place.

12.1.   Disbursements not mentioned specifically as included in the fee are to be paid by the client. If the architect has paid the fee for the client, the architect will be reimbursed the cost plus a 15% service fee.

12.2.   A single copy of the architect’s documents (not consultants) is included in the fee as is a PDF so client may make own copies. Extra hard copies will be charged at the below rates.

Black and white copies A4 $0.20/ copy; A3 $0.40/ copy; A1 $5.00/ copy

Colour copies A4 $1.00/ copy; A3 $2.00/ copy; A1 $25.00/copy

13.1.   The architect will maintain Professional Indemnity Insurance not less than $1,000,000.00.

13.2.   The architect’s total liability to the client is not more than the fees paid by the client.

13.3.   The architect will have insurance to cover liability to employees, to statutory requirements.

13.4.   To the maximum extent permitted by law:

13.4.1.     The architect’s total liability to the client under this agreement (including the performance or non-performance of the architect’s services) whether under the law of contract, in tort, in equity, under statute or otherwise, is limited to the amount mentioned directly above.

13.4.2.     The architect has no liability to the client in respect of any indirect consequential or special losses, (including loss of profit, loss of business opportunity and payment of liquidated sums or damages under other agreement)

13.4.3.     The architect has no liability in respect of the architect’s services after the expiration of 3 years from the completion of the architect’s services.

14.1. Amounts due under an invoice must be paid within 14 days of the date of the invoice.

14.2. Amounts due under an invoice not paid within the above period will be subject to an interest at a rate of 15% per annum.

14.3. Interest will be applied pro rata on the outstanding balance by dividing the rate by 365 to obtain a daily rate and multiplying that percentage by the number of days outstanding.

14.4. The architect is entitled to suspend provision of services if any payment in relation to a property submitted invoice is overdue.

15.1. The architect retains the copyright in the design but grants the client an express but revocable license to use the design for the project site for which it was intended, subject to the conditions that:

15.1.1. no license is granted or implied under this agreement other than the express license.

15.1.2. the license may be revoked by the architect in writing if any invoice that the architect is entitled to submit under this agreement is overdue, in which case the license is automatically reinstated on the architect’s receipt of all overdue amounts.

15.1.3. the license is automatically revoked by any event or action by the client or a third party that changes the client’s ownership or legal interest in the site in any way, in which case the client may request in writing the architect’s consent to reinstate the license and such consent must not be unreasonably withheld.

16.1. The architect must be attributed in any Public Information about the project promulgated by, or on behalf of, the client or architect, whether the project is complete or not.

17.1. The client agrees that:

17.1.1.the architect may issue data electronically to the client and to others involved in the project.

17.1.2.the architect is not responsible for the accuracy, completeness, or any contamination of electronically transmitted data.

17.1.3.the cost of electronic data preparation and file conversion to be reimbursed by the client.

17.1.4.dwg or equivalent files will not be provided to the client or third parties to amend or use as basis of further design or management.

18.1. If a dispute arises out of or in relation to this agreement the client and architect must continue to perform their obligations under the agreement.

18.2. When a dispute arises:

18.2.1. Either party may deliver a notice in writing to the other party outlining the details of the dispute and requiring a meeting within seven days of the date of the notice to make a bona fide attempt to resolve the dispute.

18.2.2. if the dispute is not resolved by the meeting, either party may submit the dispute to mediation by delivering to the other a written proposal of mediation.

18.2.3. A proposal of mediation must state the name of a mediator accredited by the Institute of Arbitrators and Mediators Australia (IAMA) in the state or territory of the law that applies, who is independent and willing to act

18.2.4. If parties do not agree on the mediator in writing within seven days after the proposal is delivered, the President of the Chapter of the IAMA in the place of the law that applies, must be requested to nominate the mediator.

18.2.5. The mediation must then proceed in accordance with the rules of the IAMA for mediation except that in no case will one party be required to pay more than half of the costs of mediation.

18.2.6. If the parties are unable to resolve the dispute by mediation, confirmed by the mediator in writing, either party may take legal action to resolve the dispute.

19.1. Either party may terminate this agreement after giving the other party 30 days’ notice in writing without being required to give any reason.

19.2. On termination of this agreement, unless otherwise agreed in writing the client must:

- pay the outstanding balance of all properly submitted invoiced delivered prior to the notice.

- pay the architect for all services reasonably undertaken and any reimbursable expenses reasonably incurred by the architect since the delivery of the notice.

- the architect must on receipt of payment issue to the client a copy of the design as it exists up to the date of termination.