AGREEMENT BETWEEN OWNER AND ARCHITECT

 

[Alternative Form]

THE AGREEMENT made the _________ day of ___________.

BETWEEN

______________________________________ (insert the name, address etc. of owner) (hereinafter called ‘the Owner’),

and

_____________________________________ (insert the name, address etc. of architect) (hereinafter called ‘the Architect’ WITNESSETH, that WHEREAS the Owner intends to erect add here brief description of scope and manner of execution of work.

NOW, therefore, the Owner and the Architect, for the considerations herein- after named agree as follows:

1. The Architect agrees to perform for the above-named work, professional services as stated in the ‘conditions of Agreement between Owner and Architect’ hereinafter set forth.
2. The Owner agrees to pay the architect the sum of Rs. _________ as his fee, of which Rs, ________ is to be paid in _______ equal instalments monthly beginning ________ the balance to be paid on insurance of final certificate, and to reimburse the architect monthly all costs incurred by him in the performance of his duties hereunder as more fully set forth in the said ‘conditions’.

The parties hereto further agree to the following conditions:

1. THE ARCHITECT’S SERVICES ____________ This Architect’s professional services consist of (i) the necessary conferences, (ii) the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings; (iii) the drafting of forms of proposals and contracts; (iv) the issuance of certificates of payments; (v) the keeping of accounts, the general administration of the business and supervision of the work.
2. THE ARCHITECT’S FEE __________ (i) The fee payable by the owner to the Architect for his personal professional services shall be elsewhere in this agreement. (ii) In case of the abandonment or suspension of the work or of any part or parts thereof, the architect is to be paid in proportion to the services rendered on account of it up to the time of its abandonment or suspension such proportion being 20% upon completion of preliminary sketches and 60% upon completion of working drawings and specifications.

(iii) If the scope of the work or the manner of its execution is materially changed subsequent to the signing of the agreement the fee shall be adjusted to fit the new conditions.

(iv) If additional personal service of the architect is made necessary by the delinquency or insolvency of either the owner or the contractor, or as a result of damage by fire, he shall be equitably paid by the owner for such extra service.

3. THE ARCHITECT’S COSTS __________ The architect shall maintain an efficient and accurate cost-keeping systems as to all costs incurred by him in connection with the subject of this agreement and his accounts, at all reasonable times, shall be open to the inspection of the owner or his authorised representatives.

The costs referred to in this article comprise the following items:

1. he sums paid for drafting, including verification of drawings, for specification writing and for supervision of the work. 
2. The sums paid to structural, mechanical, electrical, sanitary or other engineers.
3. The sums paid for incidental expenses such as costs of transportation of living incurred by the architect or his assistants while travelling in discharge of duties connected with the work, cost of reproducing drawings, printing or mimeographing the specification models, telegrams, long distance telephone calls, legal advice etc. ?
4. Aproportion of the general expenses of the architect’s office, commonly called “overhead” representing items that cannot be apportioned in detail to this work, such as rent, light, stenographer’s services, postage, drafting materials, telephone, business administration, etc. 

It is agreed that the charge for such general expenses shall be __________% (per cent) of item (a) of this article.

4. PAYMENTS ___________ On or about the first day of each month the architect shall present to the owner a detailed statement of the payment due on account of the fee and the costs referred to and the owner shall pay the architect the amount thereof.
5. SURVEY, BORINGS AND TESTS __________ The owner shall, so far as the work under this agreement may require, furnish the architect with the following information: A complete and accurate survey of the building site, giving the grade and lines of streets, payments, and adjoining properties; the rights, restrictions, easements, boundaries, and contours of the building site, and full information as to sewer, water, gas and electrical service. The owner is to pay for borings or test pit and for chemical, mechanical, or other tests when required.
6. SUPERVISION OF THE WORK _________ The architect will endeavour to guard the owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. The supervision of an architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of a site supervisor.

When authorized by the owner, a site supervisor acceptable to both owner and architect shall be engaged by the architect at a salary satisfactory to the owner and paid by the owner, upon presentation of the architect’s monthly statements.

7. PRELIMINARY ESTIMATES ________ When requested to do so the architect will furnish preliminary estimates on the cost of the work but he does not guarantee the accuracy of such estimates.
8. OWNERSHIP OF DOCUMENTS __________ Drawings and specifications as instruments of service are the property of the architect whether the work for which they are made be executed or not.
9. SUCCESSORS AND ASSIGNMENTS ________ The owner and the architect, each binds himself, his partners, successors, executors, administrators and assigns to the other party to this agreement, and to the partners, successors, executors, administrators and assigns of such other party in respect of all covenants of this agreements.
10. ARBITRATION __________ All questions in dispute under this agreement shall be submitted to arbitration at the choice of either party.

The owner and the architect hereby agree to the full performance of the covenants contained herein.

IN WITNESS WHEREOF the par ties hereto have executed this agreement, the day and year first above written.