CONDITIONS OF CONTRACT
This page explains Building Design Professionals Terms and conditions.
7.00 GENERAL
This contract embodies the total terms and conditions agreed to between the parties and no other representations or agreements shall apply other than set out herein. Any variation to this contract shall not be deemed applicable unless in writing and signed by both parties. The following documents form the Client Brief and are annexed to this contract and form part of the contract:-
Provided as part of your quote.
ANNEXURE 1 Project Information – Form B1.1
ANNEXURE 2 Client Brief – Form B1.2
ANNEXURE 3 Scope of Work – Form B1.3
Forms available for download.
ANNEXURE 4 Consultants and Information Requirements – Form B1.4
ANNEXURE 5 Variations – Form B1.5
This contract including the above sets out the rights and obligations of the Client and Designer.
8.00 EXTENSION OF CONTRACT PERIOD
The Designer shall be entitled to an extension of the Contract Period as set out under Clause 3.00 above in the event of delays resulting from any matter whatsoever which is not entirely under the control of the Designer. These matters shall include but are not limited to delays caused by:
a) response(s) to the information request(s) made by the Designer to the Client not being available when required,
b) approval authorities response times for requests for preliminary decisions/information,
c) information from consultants, Council’s and referral agencies not being available when required,
d) changes to the design brief being requested by the client,
e) time taken by the approval authority for the granting of required approvals,
f) variations to the Contract in accordance with Clause 9.00 below.
9.00 VARIATIONS TO CONTRACT
9.01 The Client Brief
The Contract Period and Payment clauses above are based on the information provided in the Client Brief (refer Clause 7 above). In the event that the Client requests alterations to any of the information in the Client Brief after the commencement of the Contract, the Designer shall be entitled to a variation of the fee payable in accordance with Clause 5.00 and the Contract Period in accordance with Clause 8.00.
9.02 Approval Authority Requirements
Where decision(s) of any Approval Authority is based on subjective information or could not reasonably be foreseen by a competent Designer, the Designer shall be entitled to a variation of the fee payable in accordance with Clause 5.00 and the Contract Period in accordance with Clause 8.00. 9.03 Variations to be in Writing
9.03 Variations to be in Writing
Where this Contract becomes subject to variation(s) in accordance with 9.01 and 9.02 above, the variation(s) shall be in writing and signed by both parties. The written confirmation shall include details of the additional scope of work, the variation to the Contract Period and the additional fee or the method of calculating the additional fee.
10.00 INFORMATION SUPPLIED BY THE CLIENT
In the event that the Client supplies to the Designer any design In the event that the Client supplies to the Designer any design information, sketches or other paper writing, the Client hereby covenants, warrants and represents that any copyright that may subsist in the documentation is owned by the Client and the Client hereby grants license to the Designer to use and reproduce any of the same for the express purpose of completing the work under this Contract. The Client hereby agrees to indemnify, and keep indemnified, the Designer against any actions, claims or demands whatsoever or howsoever arising that may be brought against the Designer out of or incidental to the supply of the Documentation by the Designer. Such indemnity to include all costs including legal costs on a solicitor/own basis and the Designer’s time and expenses calculated at the rate set out in Clause 5.00 of this Contract relative to or incidental to the defence of any such litigation.
11.00 ESTIMATE OF COST
The Designer does not purport to be competent to accurately estimate the construction cost of the project. Where an indicative estimate of cost is supplied by the Designer, it must not be relied upon and must be confirmed by a Quantity Surveyor or Builder.
12.00 COPYRIGHT
The ownership of the copyright in any design and original documentation prepared by the Designer under the terms of this contract shall remain with the Designer. Where the Client makes all payments required under this Contract by the due date, the Designer grants to the Client licence to use the documentation for the purpose of gaining required approvals and for the construction of the project. This licence is granted for the use of the documentation for the project named in Clause 2.00 above for the Client identified in Clause 1.00 and is not transferable to other entities or properties. The Client shall not make or cause to be made any alterations to documentation supplied by the Designer under the terms of this Contract without the written permission of the Designer. Any such permission granted must state the extent of alterations permitted and the Client shall not make
or cause to be made alterations except as so permitted.
13.00 ENGAGEMENT OF OTHER CONSULTANTS
The Client recognises that the consultants listed in Annexure 4 annexed to this Contract provide expertise not held by the Designer. Consequently, the Designer is not responsible for the services provided by these consultants. If the Designer engages and/or coordinates any consultants in accordance with Annexure 4, such engagement and/or coordination will be carried out expressly as the Client’s agent and the Client hereby agrees to indemnify the Designer against any claims that may be made arising out of or incidental to such services
14.00 OUT OF POCKET EXPENSES
In addition to the payments required under Clause 4.00 above, the Client shall pay to the Designer the cost of postage, search fees, couriers, and the like expenses. The Designer shall fully document all such expenses for submission to the Client. Fees payable to Approval Authorities, Referral Agencies or any other statutory body, other consultants as per Clause 13.00 or any other fees not expressly included are payable by the Client.
15.00 TAX
The Payments shown in Clause 4.00 above are inclusive of Goods and Services Tax (or other similar tax) which is payable at the date of the signing of this Contract. If the amount of such tax payable changes or becomes payable during the term of the Contract, the Designer shall under the terms of this Contract vary the amount of the Payments under Clause 4.00 by the amount of variation required in the tax payable Invoices issued under the terms of this Contract shall be “Tax Invoices” as prescribed by GST Legislation.
16.00 TERMINATION
In the event that this Contract is terminated, before completion, for any reason, without prejudice to the rights of any party, the Client shall make payment to the Designer for services rendered prior to the date of termination at the hourly rates as detailed in Clause 5.00 above. In the event that this Contract is terminated prior to completion of the documentation, the licence to use the documentation under Clause 12.00 above shall be deemed as not granted.
17.00 DISPUTE RESOLUTION
If a dispute between the Client and the Designer arises out of or in connection with this contract and agreement is not reached within 14 days, the dispute may be referred to arbitration by either party. If the parties do not agree on an arbitrator, either party may request the chairperson of the State Chapter of the Institute of Arbitrators Australia to nominate an arbitrator. The request shall indicate that the nominee shall not be an employee of the Client or the Designer nor a person who has been connected with the work under the Contract. This clause shall be read and construed on the basis that its provisions are subject to the provisions of the Queensland Building
Services Authority Act 1991 as amended and any other Statute containing relevant provisions.
18.00 GOVERNING LAW
This Contract and any matter arising out of it shall be governed by the laws of the State of Queensland and the Commonwealth of Australia as appropriate.