CKA Architect

Company Information,.

CONDITIONS OF APPOINTMENT AND ARCHITECT'S SERVICES AND MODE OF PAYMENT CONTENT  


Table of Contents

(A) MEMORANDUM OF AGREEMENT BETWEEN CLIENT AND ARCHITECT

(B) INDEX OF CLAUSES AND SUB-CLAUSES
PART 1 : Conditions of Appointment 
1.1 Architect's Responsibility and Authority
1.2 Client's Responsibilities
1.3 Fee Conditions
1.4 Other Conditions
PART 2: Architect's Services and Mode of Payment
2.1 Basic Services 
2.2 Payment for Basic Services in Stages
2.3 Other Terms and Reimbursables
2.4 Additional/Special Services

MEMORANDOM OF AGREEMENT

MEMORANDUM OF AGREEMENT BETWEEN CLIENT AND ARCHITECT

MEMORANDUM OF AGREEMENT made this day of 19 between.............................................. (Name of Client) whose registered office is situated at ...........................................................................................................................

(hereinafter called "the Client" which expression includes his/their legal representatives, successors in title and assigns) of the one part and..................................................... (name of Architect/Architect's Firm) practising as architect at ..............................................................................................................................................

(hereinafter called "the Architect" which expression includes his/legal representatives, successors in titles and permitted assigns) of the other part.

WHEREAS the Client intends to construct and complete (description of intended works)................................................................................................................................... at.......................................................................................................................................... (location of project) (hereinafter called "the project")

AND WHEREAS the Client is desirous of appointing the Architect as the architect to provide professional architectural services for the Project on the terms and conditions hereinafter appearing.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS :

1. Appointment of Architect

The Client hereby appoints the Architect as the architect for the project and the Architect hereby accepts the said appointment on the terms and conditions contained in this Agreement.

2. Architect's Remuneration

In consideration of the Architect providing the professional services required the Client hereby agrees to pay the Architect the fees, disbursements and other expenses stipulated in the Schedule hereto.

Schedule of Architect's Fees

The Client shall pay to the Architect the professional fees, disbursements and other expenses as follows :-

S.1 SERVICES FEE BASIS

Basic Services

Additional/Special Services

S.2 PERCENTAGE FEES Fees based on percentage of the total construction costs shall be calculated as follows :-

...........................................................................................

S.3 LUMP SUM FEES Lump sum fees shall be as follows :-

...........................................................................................

S.4 TIME CHARGES FEES Rates for fees charged on a time basis shall be:-

1. For Principal Architects/Partners/Directors RM250 per hour
2. For Staff

Senior Architects 

RM200 per hour

Architects

RM150 per hour

Technicians

RM80 per hour
S.5 DISBURSEMENT OF EXPENSES

The professional fees payable as abovementioned are exclusive of all disbursements and expenses as stipulated in the paragraph 2.3(6)(c) of Part 2 of these Conditions

S.6 SPECIAL CONDITIONS
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
SIGNED by the abovenamed Client .
Signature

...............

...............
The Common Seal of the Client hereunto fixed
in the presence of 
Signature of the Witness

Name :  .................................................

Address .................................................

SIGNED by the Architect 
Signature

..............

...............
in the presence of 
Signature of the Witness

Name :  .................................................

Address .................................................

CONDITIONS OF APPOINTMENT

PART 1: CONDITIONS OF APPOINTMENT

1.1 ARCHITECT'S RESPONSIBILITY AND AUTHORITY

(1) Service

In providing the services to the client, the Architect shall exercise a reasonable standard of skill and care in conformity with the normal standards of the practice of Architecture in Malaysia.

(2) Authority

The professional services provided by the Architect are generally related to the planning and design of buildings including all preceding and follow-up services necessary to interpret and implement the design intention to achieve final completion of the work.

The Client authorises the Architect to act as the Client's agent in such matters as set out or implied in the Agreement and as set out or implied in the particular contract or contracts adopted for the project

Where the Architect's services include contract administration, all instructions to the building contractor shall be given by the Architect unless the contract specifically provides otherwise in the Building Contract.

(3) Changes to Design

The Architect shall not make any material alteration to, addition to or omission from the approved design without the consent of the Client, except in cases in which they are necessary to comply with statutory requirements and/or for constructional reasons. In which case, the Architect shall subsequently notify the Client promptly in writing and the additional cost incurred shall be paid by the Client.

(4) Changes to Cost or Time

The Architect shall inform the Client in writing within reasonable time if the Architect has reason to believe that the authorised expenditure or the approved time program (if any) for the project is likely to be changed significantly.

(5) Recommendation of Consultants

(a) The Architect shall advise the Client on the need for consultants to be engaged for any part of the work. Where consultants are considered to be necessary, or so advised by the Architect they shall in normal circumstances be appointed and paid directly by the Client.

(b) To facilitate coordination and cooperation, the Client shall appoint the Consultants recommended and/or agreed to by the Architect and on the conditions recommended by the Architect.

(c) Where it is necessary for the Architect to engage the Architect's own consultants, the Architect may with the written consent of the Client engage such consultants and the Client shall pay such consultants' fees to the Architect.

(d) In either case, the Architect shall coordinate the work of the consultants at various stages of the project to relate to the overall project schedule.

(e) Unless otherwise agreed, all Consultants report through the Architect to the Client.

(f) Consultants engaged by the Client, whether appointed and paid directly by the Client or by the Architect as agent for the Client, shall be responsible to the Client and the Architect's responsibility to the Client in respect of such consultants shall be limited to co-ordinating them and integrating their services into the Architectural Design.

(g) Irrespective of whether Consultants are appointed directly by the Client or by the Architect, any default or negligence on the part of such consultants shall be the sole responsibility of such consultants concerned and not of the Architect.

(6) Contractors, Sub-contractors and Suppliers

The Client will employ a main building contractor under a separate agreement to undertake construction or other works relating to the Project. The Client will hold the contractor and not the Architect, responsible for the contractor's operations and methods and for proper execution of the works.

If a specialist, contractor, sub-contractor, tradesman or artist is employed by the Client or if a supplier is designated by the Client, the Architect shall not be liable for the negligent act or omission of the person so employed or defect in the articles supplied by the designated supplier.

(7) Construction Review

Where the services to be provided by the Architect include Contract Administration as set out in the Agreement, the Architect shall inspect the works at periodic intervals as the Architect may consider necessary to satisfy the Architect that the works are being executed in accordance generally with the building contract and to enable the Architect to certify in accordance with the Building Contract the completion of various stages of the works.

Constant or daily inspection does not form any part of the basic service of the Architect. The frequency or degree of inspection shall be decided by the Architect from time to time.

Where the Architect's services to be provided do not include Contract Administration, the Architect is not obliged to answer questions or to visit the Site after the completion of the commission but should the Architect agree to do so, payment will be on a time basis. Any such advice or visits are confined to the matters considered and the Architect undertakes no responsibility for any other matters of aspects of the work, regardless of how obvious or vital to the Works.

(8) Resident Site Staff

Where frequent or constant supervision of the Works is required, Resident Architects or Clerk-of-Works may be employed directly by the Client or by the Architect as the Client's agent. Where Resident Site Staff is to be employed directly by the Client, the Resident Site Staff shall be nominated or approved by the Architect and shall be under the Architect's direction or control.

If the Architect appoints the Resident Site Staff, the Client shall nevertheless pay for the services of and all incidental expenses connected with such Resident Site Staff in accordance with paragraph 2.3(6)(a)

The Resident Site Staff may be employed on conditions recommended by the Architect.

(9) Estimates of Cost and Time

The Architect shall exercise all reasonable skill in obtaining estimates of cost and time for work to be undertaken by building contractors for the purpose of inviting tenders where a quantity surveyor has not been appointed. However, the Architect shall not be liable in any way for any inaccuracies in the estimates so given.

(10) Building Contract

The form of building contract to be used shall be the current standard form issued by the Singapore Institute of Architects.

CLIENT'S RESPONSIBILITIES

1.2 CLIENT'S RESPONSIBILITIES

(1) Client's Representative

The Client may nominate in writing a representative with authority to give instructions to the Architect with respect to the project. Such instructions given shall be deemed to be authorised by the Client.

2) Client's Instructions

The Client shall give to the Architect written full information of the Client's requirements and constraints for the project so as to enable the Architect to proceed with the Architect's work. The Client shall also provide full description, survey and other particulars of the site including particulars of existing easements, encroachments, restrictive covenants, structures and features, sub surface conditions and adjoining sites. The Client shall carry out any soil tests as recommended by the Architect.

The Client shall not issue any instructions directly to the building contractor or sub-contractor during the course of the contract but shall only do so through the Architect.

(3) Site Particulars and Specialised Counseling

The Architect is authorised to provide the services scheduled in Part 2. All other services which may be required for the fulfillment of this Agreement shall be provided by the Client at the Client's expense and without limiting the generality of the foregoing shall include legal and survey particulars concerning the site and specialised counseling not normally provided by the Architect.

Should the Architect undertake to obtain such particulars or counseling on the instruction of the Client, it shall be as agent of the Client and at the Client's expenses.

The Client is responsible for the accuracy and completeness of all such particulars or counseling provided by or obtained on behalf of the Client and the Architect shall be entitled to rely upon it.

(4) Submission/Requests for Information

The Client shall consider the Architect's submission and requests for information or clarification and give decisions and provide information or clarification within a reasonable time so as not to delay the Architect's works.

(5) Consultants Appointed by Clients

Where consultants are engaged by the Client directly and not under paragraph 1.1(5)(b), the Client shall ensure that they are acceptable to the Architect and that their Conditions of Engagement include a condition giving the Architect authority to liaise with them and coordinate their services in relation to the Architectural Design.

(6) Authorities' Fees or Charges

The Client shall pay to all relevant authorities all fees and/or charges in connection with submissions for planning, building or other approvals necessary for the Works and as advised by the Architect and shall do so promptly so as not to delay progress of the Architect's works.

(7) Worksite Safety

The Client shall be responsible for the safe condition of the worksite and shall effect insurances for the protection of the building structures thereon and against public liabilities by himself or jointly with the contractor.

(8) Client's Decision

The Client or the Client's authorised representative shall consider all documents submitted and/or questions raised to the Client or the Client's authorised representative by the Architect in connection with the works and give decisions promptly so as not to delay the Architect's work.

FEE CONDITIONS

1.3 FEE CONDITIONS

(1) Progress Payments

The Client shall pay the Architect at monthly intervals in amounts commensurate with the service provided, unless there are special conditions forming part of this Agreement, in which case payment shall be in accordance with those special conditions.

Where monthly payments are agreed, payments to be made to account of the percentage fee payable on completion of each stage respectively as specified in part 2 of Clause 2.2 and the balance payable in due course shall be paid on completion of each stage respectively in accordance with the architect's bill therefor.

(2) Architect's Fees Not to be Withheld

The Architect shall be entitled to his fees for the Schematic Design Stage and Design Development Stage irrespective of whether approval from the Competent Authority is obtained or not within 14 days from the date of his bill.

All fees or charges due to the Architect shall not be reduced or withheld on account of any dispute or question whatsoever between the Client and the Building Contractor or any other party.

In the event of non-payment of the Architect's fees, the Architect may elect to treat his employment as terminated, and he shall be entitled to the fees shown on his bill and additional fees on the basis that the Client has abandoned the project.

(3) Old Materials

Where the work is executed either wholly or in part with old materials or when materials, labour and/or vehicles are provided by the Client, the total construction cost of the works shall be calculated as if such works had been executed wholly by the Building Contractor supplying all labour and new materials and providing the vehicles used.

(4) Basis of Arriving at Cost of Works

The total construction cost of the works for the purpose of calculating the fees shall include all builders' works as set out in the Building contract and all specialists and/or sub-contractors' works forming part of the project. The total construction cost of the Works shall be arrived at in accordance with the order of priority as follows :-

(a) For complete works, the total construction works of all works including variations and additional work.

(b) For work not contracted, the lowest bona fide tender received by the Architect.

(c) For work where tender have not been received, latest estimates of costs prepared by the Architect or the appointed Quantity Surveyor, submitted and accepted by the Client as the operative budget.

(5) Computation of Total Construction Costs

For the computation of the total construction costs, the value of the omitted or abandoned works by the Client shall be disregarded.

(6) Fees in Excess of Scale

The provisions or conditions hereof shall not preclude the Architect and his Client from agreeing to fees in excess of the above scale or other mode of payment of his fees.

(7) Overdue Payments

Without relieving the Client of the obligation to pay the account, the Client shall pay interest on all fees and not paid within the period stated in these conditions or if no period is stated, within 14 days of rendering account. The interest shall be 3% above the prevailing prime rate.

(8) Overtime

If overtime work by the Architect is required to meet special circumstances and is authorised by the Client in advance, then any extra expenses incurred by the Architect may be charged.

(9) Changes in Instructions

If the Architect's works is increased due to changes in the Client's instructions or requirements or if the Architect's works is increased or protracted due to causes beyond the Architect's control, then (unless the Architect's fees is already on a time charge basis) an additional fee shall be chargeable.

Should any such additional fee become or appear likely to become chargeable, the Architect shall promptly notify the Client.

(10) Protracted Services

Where the Architect's services are protracted by late completion of the building then, unless otherwise agreed, the additional contract administration fee shall be 50% of the original contract administration fee divided by the original contract time (in weeks) multiplied by the number of weeks the Contract is extended beyond the Contract Completion Date.

(11) Deferred Services

If due to the Client's Instructions or lack of instructions a break in the continuity of the Architect's service occurs, and instructions to continue work are not received 30 days of being requested by the Architect, then fees for the services completed at the time of cessation shall be the percentage completed of the current stage plus the cost of all project staff working at the time of deferment of services for one month, unless otherwise agreed.

(12) Project Recommencement

If the project recommences, the Client shall pay a recommencement fee to the Architect equivalent to the time charge cost of all project staff working at the time of termination or deferment of services for one month, unless otherwise agreed.

(13) Review

Where the Architect is required to take over architectural services provided by or on behalf of the Client, then before commencing such work, the Architect shall review the work so provided. If following this review if it is necessary to make good deficiencies in such work, then an additional fee is chargeable on a time charge basis or as otherwise agreed. Should any such additional fee become or appear likely to become chargeable, the Architect shall promptly notify the Client.

The Architect shall not be liable for any work carried prior to the Architect's appointment and which reasonable inspection could not have indicated as a possible problem.

(14) Special Contracts

If, by instruction of the Client, the Architect is required to document and/or administer a project governed by special contract conditions or a contract other than the current standard form of building contract issued by the Singapore Institute of Architects and if, as a result of this, additional work is incurred by the Architect, the additional fee shall be chargeable in accordance with the work involved. Should any such additional fee become or appear likely to become chargeable, the Architect shall promptly notify the Client.

(15) Other Services

Where for any additional services provided by the Architect the fee is not stated in this Agreement, such fee shall be on a time charge basis.

(16) Records

The Architect shall keep record of the disbursements and expenses pertaining to services, record of additional services and records of services on a time charge basis on a generally recognised accounting basis, and they shall be available for inspection by the Client or the Client's authorised representative at mutually convenient times.

(17) GST Excluded

The fees shall not include any Goods and Services Tax ("GST") if payable.

OTHER CONDITIONS

1.4 OTHER CONDITIONS

(1) Copyright

Copyright in all documents and drawings prepared by the Architect and in any works executed from those documents and drawings shall, unless otherwise agreed in writing, remain the property of the Architect.

(a) Licence Entitlements

The Client, unless otherwise agreed in writing is licensed to use those documents and drawings to produce the project for which they were intended provided that :

The entitlement applies only to the site or to that part of the site to which the design relates;

The Architect has completed the particular stage or stages for which the Architect has been commissioned; and

Fees properly due to the Architect in accordance with this agreement have been paid.

(b) Licence Entitlements for Incomplete Work

Should the Architect's service be terminated during any particular stage of the services listed in Part 2, then the Client shall only be licensed to use those documents which had been completed for the previous stages. The drawings and documents for the partially completed stage may only be used with the written approval of the Architect which approval may include, but not be limited to, conditions in relation to payment of fees, including licence fees, recognition of the Architect, responsibility for incomplete drawings and documentation and any other conditions which the Architect may seek to impose. Such approval shall not be unreasonably withheld.

(c) Reproduction of Design

Where the Client wishes to reproduce the design on another site or another part of the site then the Client may not do so without the written consent of the Architect and the payment of an additional licence fee.

(2) Ownership of Documents

The drawings, specifications and other documents provided by the Architect are the property of the Architect whether the work for which they are made is executed or not. The Client may retain one set of the documents as a record.

(3) Interpretation

Any question arising out of these Conditions of Appointment may be referred by the Client or the Architect to the Singapore Institute of Architects for clarification or interpretation at any time provided always that any difference or dispute between the parties shall be determined in accordance with paragraph 1.4(4). The institute's decision shall be final.

(4) Arbitration

Any difference or dispute between the Client and the Architect shall be referred to arbitration by a person to be agreed upon between the parties or failing agreement within fourteen days after either party has given to the other a written request to the appointment of an Arbitrator, a person to be nominated by the President of the Singapore Institute of Architects at the request of either party.

(5) Termination of Appointment

(a) A contract of appointment of the Architect for a project entered into between a Client and the Architect may be terminated at any time by either party by one month's notice to the other.

(b) Upon the termination of the Architect's appointment, the Client shall pay to the Architect the balance of fees due together with all disbursements and other expenses incurred by the Architect in accordance with these Conditions. The Architect shall on receipt of the said fees, disbursements and expenses or if there is a dispute existing between the Architect and his Client relating to the Architect's fees or otherwise then on such dispute being referred to arbitration under paragraph 1.4 (4) of the Conditions and upon the Client furnishing security acceptable to the Architect for the payment of fees under dispute issue a letter of release together with the original or certified true copies of drawings and other relevant documents to the Client to enable him to appoint another Architect to continue with the work. Until such payment, the Architect shall not be compelled to issue a letter of release.

(c) The cost for additional copies of drawings and other relevant documents other than those mentioned in paragraph 1.4 (5) (b) requested for by the Client shall be paid by the Client to the Architect in accordance with paragraph 2.3 (b) of these Conditions.

(6) Assignment

Neither the Client nor the Architect shall assign or transfer this agreement without the written consent of the other. Consent to assignment shall not be unreasonably withheld.

ARCHITECT'S SERVICES AND MODE OF PAYMENT

PART 2: ARCHITECT'S SERVICES AND MODE OF PAYMENT

2.1 BASIC SERVICES

The Basic Services of the Architect consist of five stages as follows :-

(1) Schematic Design Stage

(a) Taking the Client's instructions to ascertain the requirements and constraints of the works;

(b) Preparing schematic sketch designs to interpret the design brief;

(c) Developing the sketch designs to a stage sufficient to enable applications / submissions to be made to the Competent Authority for planning approval required under any relevant laws and regulations;

(d) Preparing preliminary estimates of the probable construction costs based on current area, volume or other unit costs;

(e) Coordinating drawings with the relevant authorities to obtain planning approval.

 

(2) Design Development Stage

Based on the proposal as approved by the Client and the relevant authority, this stage consists of :-

(a) Developing the schematic design drawings to a stage to enable the consultants to commence detailed design work;

(b) Preparing detailed design drawings to comply with the various relevant authorities' requirements;

(c) Submitting the detailed design drawings together with other particulars to the Building Control Department and other authorities to obtain statutory building approval;

(d) Updating the preliminary costs estimates of probable construction costs;

(e) Preparing and updating a project schedule and submitting the same to the Client for approval.

(3) Contract Documentation Stage

Based on the updated costs estimate and the project schedule approved by the Client, this stage consists of :-

(a) Preparing and finalising the working drawings, specifications and such other documents as may be necessary for the preparation of the bills of quantities by a quantity surveyor appointed for the project;

(b) In collaboration with other consultants, preparing all documents necessary for inviting tenders for the project;

(c) Inviting on behalf of the Client tenders for the project or collaborating with the appointed Quantity Surveyor to do so if one has been appointed;

(d) Evaluating the tenders and submitting a report and recommendation to the Client;

(e) Awarding the contract on behalf of the Client;

(f) Preparing or collaborating in the preparation of the contract documents for signature by the Client and the Building Contractor.

(4) Contract Construction Stage

This stage consists of :

(a) Accepting the responsibility and exercising the authority as conferred upon the Architect by the Client and performing the functions as the Architect in respect of the building contract;

(b) Providing all necessary information and issuing instructions to the building contractor to enable the building contractor to proceed with the works;

(c) Examining the works programme prepared by the building contractor to satisfy the Architect that the works can reasonably be completed within the contract period barring unforeseen circumstances but in so doing shall not be construed to have assumed responsibility for the building contractors' works performance;

(d) Making periodic inspections of the works as provided in paragraph 1.1(8) herein and issuing certificates as required under the building contract;

(e) Accepting the building contract on behalf of the Client, providing a set of architectural drawings showing the building as constructed and obtaining for the Client the drawings of the building's services as installed and the recommendations on their maintenance from the consultants and specialist Contractors.

(5) Final Completion Stage

This stage consists of :-

(a) Doing such work as may be required and possible to do on behalf of the Client and instructing the building contractor to carry out such work as may be required to comply with all requirements of the relevant authorities;

(b) Applying for and obtaining Temporary Occupation Permit (TOP), Certificate of Statutory Completion (CSC) and endorsement on plan on completion from the relevant authorities. Preparation of as-built drawings.

PAYMENT FOR BASIC SERVICES

2.2 PAYMENT FOR BASIC SERVICES IN STAGES

Subject to the monthly payments to be made to the Architect as hereinafter provided, the Architect shall be entitled to progress payments for basic services rendered in stages as the project progresses in accordance with the following percentage fee on completion of each stage as follows :- 

%tage Fee Per Stage Cumulative %tage of Total Fee
(1) Schematic Design Stage

This stage consists of:-

(a) Taking the Client's instructions, preparing schematic designs and preliminary estimates of construction costs and upon presentation of the schematic design to Client

15%

15%

(b) On completion of application documents and upon submission of drawings to the relevant authorities for planning approval. 5% 20%
(c) On obtaining of Provisional Planning Approval. 2.5% 22.5%
(d) On obtaining Written Permission. 2.5% 25%
(2) Design Development Stage

This stage consists of :-

(a) Developing building plan submission drawings and upon completion and submission of the building plans to the Building Control Authority

15% 40%
(b) On Obtaining Written Directions from Building Control Authority 2.5% 42.5%
(c) On Obtaining Building Plan Approval 2.5% 45%
(3) Contract Documentation Stage

This stage consists of :-

(a) Preparing and finalising the drawings, specifications and such other documents necessary for the preparation of the bills of quantities by a Quantity Surveyor appointed for the project and on completion of tender documents

17.5% 62.5%
(b) Evaluation of tenders and making recommendations to Clients for award of contract 2.5% 65%
(4) Contract Construction Stage

Fees payable for this stage   

From the start of construction to the certification of practical completion, the Architect shall be entitled to charge monthly fee installments based on the total fee for this stage over the construction contract period computed as follows :-
                       RM 30% of Fee

Contract Period in Months

30% 95%
(5) Post-Construction Stage

This stage consists of :-

(a) On obtaining Temporary Occupation Permit (TOP) from the Building Authority

2.5% 97.5%
(b) On obtaining the Certificate of Statutory Completion (CSC) from the Building Authority *2.5% 100%

* subject to a maximum of $20,000

OTHER TERMS AND REIMBURSABLE

2.3 OTHER TERMS AND REIMBURSABLE

(1) Fees Due on Issuance of Bill

The above fees shall be deemed to be due and payable on the issuance of the notes or bills of charges by the Architect to the Client.

(2) Architect's Designation of Stage Final

The Architect's designation of the stages of work reached or done shall be final and conclusive.

(3) Fees for Basic Services

The fee for Basic Services does not include fees for work normally performed by quantity surveyors, civil, structural, mechanical or electrical engineers or for any work performed by other specialist consultants. The fees for such consultants are governed by the respective bodies of these specialist consultants.

(4) Payment for Partial Services

If the Architect only renders partial services in respect of a project due to any reason including the abandonment, deferment, substitution or omission of the project and/or the works or any part thereof by the Client or the Building Contractor or if the services of the Architect are terminated, the Client shall pay to the Architect the full fee for each stage completed and in respect of the stages not completed, the Architect shall be entitled to charge two-third (2/3) of the fee for the incomplete stage.

(5) Works to Existing Buildings

In addition to the fees chargeable for Basic Services, the Architect shall be entitled to charge additional fees for the preparation of measured drawings if the drawings of the existing building and services are not provided by the Client or are inadequate thereby requiring the Architect to check them on site. Such additional fees shall be based on time charges as stated in the Schedule to the Memorandum of Agreement.

(6) Fee for Renovation Works

The minimum fee chargeable for renovation works, including addition and alteration works to existing buildings, shall be between 10% and 15% of the total cost of renovation on additions and alterations. The percentage is dependent on the nature and complexity of the work involved.

(7) Reimbursable Expenses

All professional fees set out herein exclude disbursements incurred by the Architect and the cost of extra copies of all drawings, documents and models required by the Client.

(a) Site Staff

All remuneration, CPF contributions and all other sums payable in respect of all resident staff including any resident architect seconded to a project shall be paid by the Client in accordance with prior agreement forthwith on the due dates.

(b) Drawings, Documents and Models

The Architect shall provide to the Client free of charge one set of all documents at all phases of the work. Except for the aforesaid, the Client shall pay to the Architect the cost of all other printing, reproduction, reduction and enlargement and the cost of all documents, drawings, maps, models, perspective drawings, photographs and other documents and records required by the Client.

(c) Tender Notices, Transport etc.

The Client shall reimburse the Architect for all disbursement incurred by the Architect in connection with the project including the following :-

(i) Expenses incurred in connection with advertisements of tender notices, advertisements for resident architect, clerk-of-works and/or other site staff required for the project and other incidental expenses incurred in connection therewith;

(ii) Charges for telexes, cables, outstation and/or overseas telephone calls, telefax, courier service, photocopying, postages and other like charges incurred;

(iii) Transport and all other incidental expenses incurred;

(iv) Travel, accommodation and incidental expenses incurred by the Architect in travelling to and from work sites outside Singapore.

ADDITIONAL/SPECIAL SERVICES

2.4. ADDITIONAL/SPECIAL SERVICES

Apart from the Basic Services herein mentioned, additional services rendered by the Architect are subject to separate additional fees payable to the Architect. Such quantum of additional charge shall be by mutual agreement between Client and Architect or where rates or other basis of charges are indicated and agreed upon, such additional fees shall be based on time spent on Architect's staff and charged in accordance with the Schedule to the Memorandum of Agreement The Following services, which need not be limited to these, are deemed to be additional services :

(1) Advice on Sites

Inspecting and advising on the selection and suitability of sites, conducting or taking part in negotiations connected therewith, taking levels and preparing measured drawings, plans of sites, sites and building or existing buildings.

(2) Inspection of Buildings

Inspecting, reporting on and giving advice on the condition of buildings.

(3) Dilapidations

Preparing schedules of dilapidations for either the landlord or tenant, taking particulars on site, preparing specifications for repairs and supervising their execution.

(4) Negotiations

Negotiating in special or protracted negotiations in connection with the applications for planning or building approval and/or applications for conversions of title to land for development purposes, changes in land use, zoning, densities and waivers and/or appeals.

(5) Changes in Instructions

Amending drawings or preparing new drawings in pursuance of the Client's instructions to amend the content, scope, design or details of a project, building or any part thereof after approvals at various stages have been given by the Client.

(6) Delays and Protracted Services

Subject to paragraphs 1.3 (10) and 1.3 (11), rendering additional services and/or additional work if the Architect's services are protracted due to decisions of the Client, breach of contract by either of the parties to the building contract, strikes, lockouts, acts of God, force majeure or any other cause beyond the Architect's control. In any such case, the Architect shall inform the Client of the cause of any delay as soon as practicable.

(7) Strata Sub-Division

Assistance given for applying for strata sub-division including all incidental work connected therewith.

(8) Change of Use

Applying for change of use from the approved use including all incidental work connected therewith.

(9) Tenancy Layout

Applying to the relevant authority for approval in connection with tenancy layout and occupation requiring separate application including all incidental work connected therewith.

(10) Special Presentations

Preparing drawings, perspectives and models for presentations, advertisements and sales brochures.

(11) Expert Witness

Services consisting of preparing material and/or opinions in order to serve and/or serving as an expert witness in connection with any public hearing, arbitration, valuation, assessment, mediation, conciliation, planning or building appeal or legal proceeding.

(12) Special Services

The following services are not part of basic services of the architect and are deemed to be special services for which separate special fees are payable to the Architect, namely :-

Town Planning

Outline Planning Applications

Acoustics

Interior Design

Consultancy Services

Construction Management Services

Signages & Graphics

Landscaping

Energy Studies

Environmental Studies

Copyright@2009 CKA . Last updated on September 30, 2009.

Horizontal Rule

Information TechnologyArchitect