Terms and Conditions
The Architect shall render the Services to the Client in accordance with the following terms of engagement:
Professional Responsibility: The Architect shall exercise the standard of care, skill, and diligence required by customarily accepted professional practices. All Architects in Ontario carry professional liability insurance to the mandatory level. Evidence of insurance is available upon request.
- Client’s Responsibilities: The Client shall be responsible for:
a. providing information regarding the existing conditions of the Client’s lands and premises, including soils and sub-surface conditions, existing structures, surveys, etc., as required;
b. timely communication of Client’s decisions or responses during the Project;
c. any costs related to Client-initiated design changes made after Client’s previous approval;
d. arranging bonding and/or insurance coverage for the building/property or any contractors or consultants retained by the Client.
Copyright: Plans, sketches, drawings, graphic representations, reports and specifications prepared by or on behalf of the Architect are Instruments of Service. The Architect retains the property, copyright and moral rights for the Instruments of Service whether the Project for which they were made is executed or not. Their alteration by the Client or any other person is prohibited.
The Client may retain copies of the Instruments of Service for information and reference in connection with the Client’s use and occupancy of the Project. Copies may include portable document files (PDFs, non-editable) but do not include computer-aided design documents (e.g. CAD or BIM – editable files) unless otherwise agreed in writing.
Copies may only be used for the purpose intended and for a one time use, on the same site, and for the same Project, by this Client only and may not be offered for sale or transfer without express written consent of the Architect. The Client's use of Instruments of Service is contingent upon full payment to the Architect for services rendered.
Construction Phase – General review means reviews during visits to the place of work at intervals appropriate to the stage of construction, to observe the progress of the work and that the work is being carried out in general conformity with the contract documents, and to report, in writing, to the client and contractor and chief building official. The Architect will perform site visits as agreed in the attached Schedule.
Construction Cost: means the contract price(s) of all project elements designed or specified by, or on behalf of, or as a result of, the coordination by the Architect, including permit fees, contingency amounts, changes, contractor or construction management fees and all applicable taxes including HST, whether recoverable or not. Where there is no contract price for all or part of the project, the Construction Cost shall be the estimated value as determined by Architect, at market rates at the anticipated time of construction. Construction Cost does not include the compensation of the Architect, the Architect's consultants, the land cost, or other costs, which are the responsibility of the Client.
Suspension: Unless indicated otherwise in this agreement, the Architect reserves the right to suspend service on this project if invoices are not paid within 45 days from the date of issue and the Architect will not be liable for any costs or delays caused by the suspension of services.
Termination: If either party fails substantially to perform in accordance with its terms the non-defaulting party may terminate this engagement after giving seven (7) days' written notice to remedy the breach. The Client may terminate this agreement without cause upon thirty (30) days' written notice. On termination the Client shall forthwith pay to the Architect its charges for the Services performed to the date of termination, including all fees, reimbursable expenses and charges for this Project.
Limitation of Liability: The total amount of all claims, in contract or tort, which the Client may have against the Architect related to this contract is limited to the amount of professional liability insurance carried and available. The Architect shall not be responsible for:
a. acts or omissions of contractors, suppliers or any other persons performing any work, or for failure of any of them to carry out the work in accordance with the construction documents;
b. control, or supervision, or responsibility for construction means, methods, techniques, schedules, sequences or procedures, or, for safety precautions and programs required in connection with the work;
c. any changes made to the Architect’s design, drawings or documents without the architect’s knowledge and approval;
d. decisions made by the Client without the advice of the Architect or contrary to, or inconsistent with, the Architect's advice;
e. interpretations by an authority having jurisdiction which differs from that of the Architect regarding statutes, regulations, laws and by-laws;
f. any consequential loss, injury, or damages suffered by the Client, including loss of use or earnings, and interruption of business;
g. any and all matters arising from or related to toxic or hazardous substances or materials.
Dispute Resolution: The parties shall make all reasonable efforts to resolve a dispute by amicable negotiations and agree to provide, on a without prejudice basis, full and timely disclosure of relevant facts, information and documents to facilitate these negotiations. Disputes shall be resolved according to provisions of the applicable provincial legislation.