AGREEMENT BETWEEN THE PROMOTERS AND AN ARCHITECT OR A FIRM OF ARCHITECTS APPOINTED FOR A CONSTRUCTION PROJECT
MEMORANDUM OF AGREEMENT made this ______ day of ________.
___________________________________ [insert the name, address etc. of employer] (hereinafter called the employer) of the one part
__________________________________ [insert the name, address etc. of architect[s]] [practising under the style and title of ______________________ [insert the name, address etc. of firm name] (hereinafter called the architect) of the other part.
WHEREAS the employer is proposing to erect [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.
AND WHEREAS the designs submitted by the architect in a competition for the building project have been awarded the first premium by the assessor appointed by the employer to adjudicate on all the designs submitted and the employer has bound himself to appoint as architect the architect awarded the first premium as aforesaid and has adopted the said designs with [without] amendments for the purpose.
AND WHEREAS the employer has requested the architect to prepare the necessary working drawings specifications and preliminary estimates for the building project which the architect has agreed to do.
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 on the Conditions of Engagement and Scale of Professional Charges annexed hereto.
- 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 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 of parties]