1. SCHEDULE OF PROFESSIONAL SERVICES
1.1. STANDARD SCOPE OF WORKS
1.1.1 APPRAISAL & DEFINITION OF THE PROJECT
- Receive, appraise and report on the Client’s requirements (develop the Brief).
- Investigate and report on site information and statutory requirements (in consultation with consultants).
- Advise the Client on the appointment of consultants and appoint consultants on behalf of the Client and with the Client’s approval, as required.
- Advise the Client on procedures including design and contracting processes.
1.1.2 DESIGN CONCEPT
- Prepare a design to a conceptual level showing architectural intent, planning relationships and space provisions, as well as standards of materials and suitability of services.
- Appoint consultants on the Client’s behalf, with the approval of the Client, as required and coordinate consultant input.
- Advise the Client on project feasibility including estimated cost, program and statutory requirements and processes.
1.1.3. DESIGN DEVELOPMENT
- Develop the design of the building sufficiently to inform the Client as to architectural intent and to coordinate consultant and specialist input.
- Consult with the statutory authorities.
- Review the budget and time schedule.
1.1.4 APPROVALS AND TECHNICAL DOCUMENTATION
- Prepare and submit drawings and documentation to the local and/or statutory authorities for approval.
- Prepare technical documentation (working drawings, details, schedules) sufficient for pricing of the works and proceeding with the building process.
- Correlate the work of any consultants in the preparation of their documentation.
During the above work stages the architect will attend regular design and progress review meetings with the Client.
The frequency of these meetings will be agreed upon in writing and meetings that exceed the number may be charged for as a supplementary service (refer to Clause 1.2. SUPPLEMENTARY SERVICES).
1.1.5 CONTRACT ADMINISTRATION AND INSPECTION
- Call for tenders and/or negotiate the building contract and advise the Client as required.
- Prepare the building contract documents and present same for signature by the parties.
- Administer the building contract through site meetings (the frequency of these meetings will be set out in the schedule attached and meetings that exceed the number in the schedule may be charged for as a supplementary service), inspections, contract instructions and certification.
1.1.6 CLOSE OUT
- Fulfil and complete the project close-out including the preparation of the necessary documentation.
- Issue the certificates related to contract completion. (if applicable)
- Provide the client with a Final set of General Assembly Drawings (Plans, Elevations and Sections), a copy of the Approved Local Authority Drawings and selected technical and contractual documentation.
1.2. SUPPLEMENTARY & MISCELLANEOUS ADDITIONAL SERVICES
The following are examples of supplementary services that shall be charged on an hourly tariff basis (Clause 2.2).
1.2.1 SUPPLEMENTARY SERVICES
- Any additional design and or drafting work outside the scope listed above.
- Land and measured surveys
- Tests and site or foundation or other investigations, model tests, laboratory tests and analyses carried out.
- Non-standard applications and negotiations including re-zoning, removal of Title Deed restrictions, departure or other applications and any other applications to authorities other than the Local Authority.
- Presentation models, Marketing literature or production of full rendered 3D images.
- Collection, investigation, and collation of the pertinent data listed as client’s responsibilities and not made available to MEESTERWERK by the Client (refer to Clauses 3.1 and 3.4.8)
- Redesign and re-documentation of completed and client approved work.
- Mediation, arbitration, litigation proceedings and similar services, such services are to be remunerated if they are prepared for, and / or proceeded with, and inclusive of officiating or attending courts, or arbitrations.
- Additional Site staff; should the client so require. MEESTERWERK shall, insofar as being able, appoint such site staff as are necessary for the day-to-day inspection of the construction of the project, or alternatively, shall nominate such staff for appointments by the client, in either case, such staff shall take instructions only from the principal agent acting on behalf of the client.
1.2.2 MISCELLANEOUS ADDITIONAL SERVICES
- Checking, coordinating, or advising upon any works not forming part of the project or omitted from the final works.
- Enquiries not directly concerned with the design, documentation, and inspection of the project (e.g., Neighbouring property queries).
- Making the necessary arrangements for wayleaves, servitudes, or expropriations.
- Negotiating and arranging for the provision or diversion of utility services not forming part of the project.
- Work including any remedial measure or resolving any disputes arising from the failure of any consultants or contractor to perform his obligations in terms of the building contract.
- Extended construction period; if the building construction period is exceeded by more than 10% - due to no fault of the architect – such services are to be remunerated.
2. PROFESSIONAL FEES
2.1. FEES ON A FIXED FEE BASIS
2.1.1 Our professional services as listed in Clause 1.1 above are charged as agreed upon in the ARCHITECTURAL SERVICES OPTIONS and subsequent written communication.
2.2. FEES ON AN HOURLY TARIFF BASIS
Work over and above that agreed in the fixed fee (e.g., Supplementary services as set out in Clause 1.2) will be undertaken by MEESTERWERK on an hourly tariff of R1250 per hour.
These rates shall increase annually by 10% at the beginning of each financial year.
2.3. DISBURSEMENTS
In addition to the fees stated above the following costs incurred in connection with the project shall be reimbursed to MEESTERWERK by the Client:
2.3.1 Printing, reproduction and, photocopies (at current commercial rates).
2.3.2 Scaled physical models.
2.3.3 Postage, freight, and courier charges
2.3.4 Others as agreed.
2.4. TERMS AND CONDITIONS OF PAYMENT
2.4.1 Fees are payable prior to commencement of that portion of work. Disbursements will be charged monthly as costs are incurred.
2.4.2 Refer to invoices for payment instruction.
2.4.3 Interest on overdue accounts shall be charged at 16% per annum (1.3% per month).
2.4.4 MEESTERWERK shall not be responsible for any delays caused by late payments nor for any damages whatsoever or howsoever arising which may result therefrom.
2.4.5 Accounts are payable strictly within 14 days of date of invoice. In the event payments are not made timeously (i.e., as per agreement), work may, at the sole discretion of MEESTERWERK, be suspended without notice to the client.
2.4.6 VAT is NOT payable on professional fees and disbursements.
2.4.7 All our fees are excluding any Taxes and Duties of your country and the amount payable is as per our Invoice presented. These Taxes or Duties do not form part of our fee structure and thus must be covered by the client.
3. CONDITIONS OF CONTRACT
3.1 CLIENT’S REQUIREMENTS
The Client shall clearly and timeously specify requirements and provide MEESTERWERK with all relevant information on the project. When requested to do so the Client shall promptly make decisions and provide instructions to MEESTERWERK.
3.2 LEGAL RESTRAINTS RELATED TO THE PROJECT
The Client shall provide MEESTERWERK with all title deeds, diagrams, lease conditions and all the pertinent legal or other constraints
related to the project.
3.3 SITE DEFINITION
A Land Surveyor is to provide survey drawings and relevant site information.
Defects in existing structures shall only be rectified on the direct instruction of the client and shall be the subject of a separate agreement between the parties.
3.4 LIMITS TO MEESTERWERK RESPONSIBILITY
3.4.1 TENDERS EXCEEDING ESTIMATES
Whilst MEESTERWERK undertakes to use its best endeavours to adhere to the approved estimate it is unable to guarantee that tenders will not exceed the estimate and accepts no liability in this regard.
3.4.2 CONSULTANTS AND/OR DESIGN AND SUPPLY SERVICES
Consultants shall be liable to the Client for their services and shall be paid directly by the Client. The Client shall not have any right of recourse against MEESTERWERK arising from any loss or damage which the Client may suffer caused by negligence, delay, error, or omission on the part of any consultant.
3.4.3 FAILURE OF MATERIALS
MEESTERWERK shall not be responsible for any material, component, system, or workmanship failing to perform in accordance with the claims of the manufacturers, suppliers, contractors, or sub-contractors.
3.4.4 CONTRACTOR’S RESPONSIBILITIES
Each contractor, together with his sub-contractors, is directly responsible to the Client for due performance in terms of the building contract. Meesterwerk will endeavour to guard against delays, deficiencies or defects on the part of a contractor (by way of Contract Administration and Inspection of the works) but are not responsible for a contractor’s operational methods, techniques, sequences or procedures, nor is it responsible for any damages howsoever arising which may be suffered by the client on account of any act or omission whatsoever on the part of any contractor or sub-contractor.
3.4.5 INDEMNITY FOR DESIGN WORK
Certain sub-contract works are of such a specialized or technical nature that either the system being used is specific to the supplier, or the Architects are not suitably technically qualified to specify the materials or equipment. The Architects therefore indicate the design intent only, and herewith indemnify themselves and pass on the design responsibility to the sub-contractor through the ‘design indemnity’ form to be included in the specific JBCC sub-contract tender document
The design responsibility has been passed on to the sub-contractor and therefore the Client’s recourse is limited to the sub-contractor directly, and the Client will have no claim against the Main Contractor or Architect in the event of defective design by Meesterwerk or the Sub-Contractor.
3.4.6 CHECKING OF SHOP DRAWINGS and APPROVAL OF SAMPLES
Checking of shop drawings and / or approval of samples by Meesterwerk is precautionary and relates to architectural and design intent. As such it does not relieve the contractor or sub-contractor of responsibility for installation, co-ordination, erection fit and the like nor does it relieve the contractor or sub-contractor of liability for errors or defects contained in shop drawings or latent / patent defects in equipment, materials or workmanship. Meesterwerk shall be neither responsible nor liable respectively for any of the foregoing.
3.4.7 TIME LIMIT TO MEESTERWERK’S RESPONSIBILITY
No claim whatsoever shall be enforceable by the Client against Meesterwerk arising out of or in respect of any services rendered by Meesterwerk under this contract or otherwise in connection with the carrying out of the project after one year has elapsed from Practical Completion of the project or suspension, postponement or termination, irrespective of when such claim arises and/or when the Client acquired knowledge of the facts from which the claim arises.
3.4.8 CLIENT’S RESPONSIBILITIES
MEESTERWERK shall not be liable for any damages whatsoever which may arise, as a result of the Client furnishing incorrect information relating to any aspect of the project whatsoever nor for any damages which may arise as a result of the Client not furnishing information timeously or at all. The onus is on the Client to provide instructions timeously and in accordance with information required schedules issued from time to time.
3.5 BUILDING CONTRACT
3.5.1 Form of Contract
The form of contract is advised to be the current edition of the ‘Principal Building Agreement’ approved and recommended by the Joint Building Contracts Committee.
3.5.2 Instructions to Contractor
Instructions to contractors related to the works shall only be given by Meesterwerk or their authorised representatives in the form of drawings and documents marked FOR CONSTRUCTION and Contract Instructions. (Site Book Instructions shall be used where agreed by all parties). No other form of instruction shall be binding on the contractor.
3.5.3 Building Contract disputes
Any disagreement or difference between the Client and the contractor (as defined in the building contract) shall be determined by Meesterwerk as part of its standard services. However any professional service in connection with, or arising out of, any arbitration, litigation or dispute, shall rank as a supplementary service and charged on an hourly tariff basis (Clause 2.2).
3.5.4 Building Contract Penalties
In the event that the client is entitled to claim penalties against the contractor – in terms of the building contract – it is customary that these penalties are calculated to cover damages incurred by the client. The costs for various services as outlined in 1.2 may be covered by the penalties imposed.
3.5.5 State of Completion of Project
The ‘Principal Building Agreement’ lists various states of completion which are to be achieved by the main contractor. Meesterwerk recommend that the employer occupies the building only once the necessary completion certificates have been issued by the Principal Agent, and it is recommended that this is at Works Completion, and not Practical Completion.
3.6 NHBRC (National Home Builder’s Registration Council)
In terms of Section 10 of the Housing Consumers Protection Measures Act (Act 95 of 1998) any person involved in home building is required by law to register with the NHBRC. In the event that the project is not registered the owner would be guilty of an offence in terms of the Act.
3.7 EMPLOYMENT OF CONSULTANTS
Where specialised advice and/or design from consultants is required, such consultants shall be selected by MEESTERWERK, in consultation with the Client.
3.8 RETAINED CONSULTANTS
3.9 OCCUPATIONAL HEALTH AND SAFETY
The client is hereby made aware of their legal responsibility to meet the requirements as laid out in terms the Occupational Health & Safety Act No. 85 of 1993 and in particular Section 4 of the Construction Regulations. MEESTERWERK cannot take responsibility on behalf of the Client to undertake compliance-related assessments and auditing. It is required of the Employer to appoint a Health & Safety Agent to act on their behalf.
3.10 WITHHOLDING OF FEES
In the event of any dispute arising between the Client and MEESTERWERK, a contractor, consultant or any other party involved in this project, the Client shall not be entitled to withhold payment until resolution of such dispute, nor shall he be entitled to apply deduction or set-off but shall promptly pay all fees and disbursements then due and on demand. In the event of non-payment, the provisions of clauses 2.4.3, 2.4.4 and 2.4.5 above shall apply.
3.11 SUSPENSION / RESUMPTION OF THE PROJECT
3.11.1 The Client may at any time instruct MEESTERWERK to suspend work on the project, which instructions shall be in writing and delivered to the address stipulated herein as MEESTERWERK’s address.
Immediately thereafter MEESTERWERK shall be entitled to be remunerated in full for services rendered (pro rata to work completed) and disbursements incurred to the date of such instruction.
3.11.2 Should work on the project remain suspended for six or more months from the date of suspension the project shall be deemed to be terminated.
3.11.3 Should the work be resumed at any time after suspension of the project, MEESTERWERK shall increase the overall fee amount for the remainder of the works by 7.5%
3.12 TERMINATION OF COMMISSION
3.12.1 Termination of commission may be affected at any time by either party by notification in writing. Termination shall be deemed to be affected on receipt of such notice.
3.12.2 Upon termination by either party, MEESTERWERK shall be paid in full all outstanding fees for work done up to the termination date together with disbursements then owing.
3.13 COPYRIGHT
3.13.1 Ownership of copyright in and to all designs, drawings, plans and images of any nature produced by MEESTERWERK, including work resulting from them, shall at all times remain vested solely in MEESTERWERK and any provision to the contrary in terms of the Copyright Act No.98 of 1978 is hereby specifically excluded.
3.13.2 The Client shall allow MEESTERWERK access to the project both during the currency of the works, on completion and thereafter to photograph it for record, publishing, and marketing purposes. The Client hereby specifically consents to photographs of the project being published by MEESTERWERK or anyone else authorised by MEESTERWERK.
3.13.3 MEESTERWERK respects the privacy of the owners and will not divulge their names nor the location of the building unless authorised by the owner.
3.14 DISPUTE OR DIFFERENCE ARISING OUT OF THIS AGREEMENT
3.14.1 In the event of any dispute arising between the parties in relation to this agreement, such dispute shall be submitted to arbitration at the request of either party. The arbitrator shall be a person appointed by the Chairman of the Arbitration Foundation of South Africa whose decision shall be final and binding upon the parties.
3.14.2 The arbitration shall be held immediately and in Cape Town.
3.15 ENTIRE AGREEMENT
This agreement, including all annexures hereto, constitutes the entire agreement between the parties and no variation, amendment or consensual cancellation hereof shall have any force or effect unless reduced to writing and signed by both parties or their duly authorised agents.
3.16 SEVERABILITY
Should any clause or provision in this agreement be found by any competent Court or other authority to be unenforceable for any reason whatsoever, the remaining terms and provisions of this agreement shall remain valid and binding upon the parties.