AGREEMENT BETWEEN A BUILDING OWNER AND AN ARCHITECT OR A FIRM OF ARCHITECTS FOR A PROPOSED PROJECT
MEMORANDUM OF AGREEMENT made this______day of_______20_____ BETWEEN [employer] of [address, etc.] (hereinafter called the employer) of the one part and [architect[s] of [address[es] etc. [practising under the style and title of [firm name] at [firm address] (hereinafter called the architect) of the other part.
WHEREAS the employer is proposing to [describe proposed works] at [address or description of building site] (hereinafter called the building project).
AND WHEREAS the employer wishes to appoint an architect in connection with the building project.
NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED between the parties as follows:
- The employer hereby appoints the architect, and the architect hereby agrees to act as architect in connection with the building project upon the Terms and Conditions of Engagement and Scale of Professional Charges enclosed in separate annexure.
- The employer hereby agrees to pay the architect for the services specified in the said Scale of Professional Charges [fees at the rate therein specified] [or fees at the rate of _______ per cent of the cost of the executed works] and for any other services performed by the architect in connection with the building project fees as prescribed in the said Scale of Professional Charges, and to pay any such fees on demand by instalments as therein provided.
- The employer hereby agrees to employ and pay a works surveyor to prepare bills of quantities, measure and value authorised variations on the building contract and make valuations for certificates, and to assist in the preparation of details of the final account as mentioned in paragraph 6 hereunder.
- The employment and payment of consultants and site supervisor shall be in accordance with the Conditions of Engagement enclosed.
- The architect hereby agrees that as soon as he has issued his final certificate he will supply to the employer such details of the final account as will enable standing orders or other financial regulations to be complied with.
- If the architect shall die or become incapacitated from acting as such architect as aforesaid the employer may make full use of all or any drawings estimates or other documents prepared by the architect pursuant to and for use under this agreement without prejudice to the lien on such drawings or documents against unpaid fees. The employer shall make no use of such drawings or documents except for the purpose of the building works the subject of this agreement.
- If any dispute, difference or question shall at any time arise between the parties in respect of the construction of this agreement or concerning anything herein contained or arising out of this agreement or as to the rights, liabilities or duties of the said parties hereunder the same shall be referred to the arbitration of a person to be nominated by the President for the time being of the Institute of Civil Engineers in accordance with and subject to the provisions of the Arbitration Act 1940, or any statutory variation, modification or re-enactment thereof for the time being in force.
IN WITNESS etc.
[Signatures and seals of parties]
