Conditions of Engagement and Scale of Charges
Conditions of Engagement and Scale of Charges
Conditions of Engagement and Scale of Charges
everywhere and everyday. This is the only discipline, which encompasses the four major
fields of human endeavour : Humanities, Science, Art, and Technology, actually putting into
practice the professional inputs drawn from them. In sum, Architecture is the matrix of
human civilization - an authentic measure of the social status, and an evocative expression
of the ethos of an era. When conserved, it is heritage and when in ruins, it becomes
archaeology, reconstructing tell-tale pictures of the past civilizations.
The demands on the profession over the years have become much more complex in nature
and much wider in scope. Architecture uses the philosophic wholesomeness of Humanities,
the logical rationalism of Science, the passionate imagination of Art and the inexhaustible
resources of Technology. It calls for originality, creativity, conceptualization, perception,
aesthetic values, and a holistic judgment of people, places, objects and events.
Architecture is primarily the art and science of designing spaces for serving the multifarious
activities of human beings and for meeting their specific needs in a meaningful built
environment. When various engineering services are rationally combined with Architecture's
basic elements of Space, Structure and Form, the performance of human functions and the
operation of mechanical utilities become efficient, pleasant and fulfilling. However, in its
broadened scope and baffling complexity, Architecture has generated specializations such as
Structural Design, Urban Design, City Planning, Landscape Architecture and Interior
Architecture. Retrofitting of Buildings, Architectural Conservation, Construction Management
have also lately emerged as specializations. Each of these compliment and support each
other.
The primary objective of Structural Design is to evolve a strong, durable and an efficient
skeleton so that the space which architecture encloses, and the form in which it expresses
itself as interior content and an exterior container, becomes an organic extension of one
another. Structure is so fundamental to architecture that it actually determines its two-
pronged functions; the utilitarian appropriateness and the expressive power of aesthetics.
Structural design as a creative discipline assumes an indispensable position as a natural
extension of Architectural Design. Endowed with an extraordinary power of
conceptualization and creativity, an architect can conjure up unprecedented structural
systems leading to the genesis of design-ideas introducing new concepts of Space and
Form. In other words, the architect's contribution to structural design can effectively bring
about qualitative change in the built-environment to stimulate the advancement of society
towards a higher order of civilization.
Urban Design is architecture of the cities, highly complex and gargantuan in scale. The
primary aim of urban design is to imbibe and maintain a sense of identity and harmony
among buildings, open spaces and other structures by means of a pleasant and memorable
visual imagery throughout the length and breadth of an urban setting. Accessibility at city-
level and the movement at all levels must be designed to operate smoothly. Volumetric
relationships, harmonious spatial sequences, transition from buildings to open spaces,
streetscape and the services infrastructure must together invest a townscape with an
exclusive imageability.
The architectural profession feels deeply concerned towards national priorities in the fields
of energy conservation, ecology, environmental pollution, protection and preservation of
architectural heritage and their precincts, low-cost housing, urban renewals, rural
upliftment, economic development at local and district levels, etc. in the interest of quality
of life both in rural and urban settlements.
The practice of the architectural profession is regulated by the Architects Act, 1972, and the
regulations framed thereunder. The Council of Architecture has prescribed the Conditions of
Engagement and Scale of Charges under the Architects (Professional Conduct) Regulations,
1989. The documents stipulate the parameters within which the Architect is required to
function. These define the responsibilities, the scope of work and services, and prescribe the
mandatory minimum scale of professional charges with a view to making the Client fully
aware of the duties and services which he may expect from the Architect. The professional
services required by the Client may not be comprehensive in scope in all cases and
accordingly a clear understanding between the two must be arrived at. The Council of
Architecture has prescribed the Conditions of Engagement based on general practice of the
profession in India. These documents are applicable to all registered architects and such
architects who have specialized in areas such as Structural Design, Urban Design, City
Planning, Landscape Architecture, Interior Architecture and Architectural Conservation.
The revised version of these documents reflects the Council's response to the many
challenges which the profession of Architecture is facing at present, and is constantly
endeavouring to meet them with active concern and unflinching commitment.
* Prescribed under regulation 2(1)(xii) of the Architects Professional Conduct Regulations,
1989. This revised document was approved by the Council of
Architecture at its 40th Meeting held on 12th and 13th April, 2002, vide Resolution No. 303
Comprehensive Architectural Services
1. SCOPE OF WORK
Part I - ARCHITECTURE :
1. 11 Landscape Architecture
2. 12 Interior Architecture
3. 13 Architectural Conservation
4. 14 Retrofitting of Buildings
2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the following services:
2.01 Ascertain Client's requirements, examine site constraints & potential ; and prepare a
design brief for Client's approval.
2.02 Prepare report on site evaluation, state of existing buildings, if any ; and analysis and
impact of existing and/ or proposed development on its immediate environs.
2.03 Prepare drawings and documents to enable the Client to get done the detailed survey
and soil investigation at the site of the project.
2.04 Furnish report on measures required to be taken to mitigate the adverse impact, if
any, of the existing and / or proposed development on its immediate environs.
2.05 Prepare conceptual designs with reference to requirements given and prepare rough
estimate of cost on area basis.
2.06 Modify the conceptual designs incorporating required changes and prepare the
preliminary drawings, sketches, study model, etc., for the Client's approval along with
preliminary estimate of cost on area basis.
2.07 Prepare drawings necessary for Client's/ statutory approvals and ensure compliance
with codes, standards and legislation, as applicable and assist the Client in obtaining the
statutory approvals thereof, if required.
2.09 Invite, receive and analyse tenders; advise Client on appointment of contractors.
CONSTRUCTION [STAGE 6] :
2.10 Prepare and issue working drawings and details for proper execution of works during
construction.
2.12 Check and approve shop drawings submitted by the contractor/ vendors.
2.13 Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the
Construction Works and where necessary clarify any decision, offer interpretation of the
drawings/specifications, attend conferences and meetings to ensure that the project
proceeds generally in accordance with the conditions of contract and keep the Client
informed and render advice on actions, if required.
2.14 In order to ensure that the work at site proceeds in accordance with the contract
documents/ drawings and to exercise time and quality controls, the day-to-day supervision
will be carried out by a Construction Manager (Clerk of Works/ Site Supervisor or
Construction Management Agency in case of a large and complex project), who shall work
under the guidance and direction of the Architect and shall be appointed and paid by the
Client.
COMPLETION [STAGE 7] :
2.16 Prepare and submit completion reports and drawings for the project as required and
assist the Client in obtaining "Completion/ Occupancy Certificate" from statutory authorities,
wherever required.
2.17 Issue two sets of as built drawings including services and structures.
3. PROFESSIONAL FEE :
3.01 In consideration of the professional services rendered by the Architect, he shall be paid
professional fee and other charges in accordance with the Scale of Charges.
3.02 Any tax levied by law, such as Service tax, etc. contingent to professional services
rendered by the Architect, shall be payable by the Client, over and above the gross fees
charged by the Architect in relation to the services provided.
4. SCHEDULE OF PAYMENT :
The Architect shall be paid professional fee in the following stages consistent with the work
done plus other charges and reimbursable expenses as agreed upon :
5.1 The fee payable to the Architect shall be computed on the actual cost of works on
completion. The payment due to the Architect at different stages be computed on the
following basis:
5.2 Progressive, on account, payments shall be made by the Client to the Architect against
any of the above stages based on the quantum of work done during that stage, as may be
mutually agreed to between the Client and the Architect.
5.3 No deductions shall be made from the fee of the Architect on account of penalty,
liquidated damages, part rates or other sums withheld from payment or recovered from
contractors/ suppliers.
5.4 When the work is executed wholly or in part with old materials or labour or carriage is
provided by the Client, the percentage fees shall be calculated as if the work had been
executed wholly by the contractor supplying all labour and new materials.
5.5 The actual cost of the completed works shall include cost of execution of assigned
works, referred to in Scope of Work and also the cost of equipment & machinery such as
Transformers, DG Sets, Sub-stations, Lifts, Air Conditioning Machines, Pumps & Motors,
Water and Sewage Treatment Plant, etc., but excluding the cost of land.
Apart from the professional fee, the Client shall pay to the Architect Documentation and
Communication charges, @ 10% of the professional fee payable to the Architect at all
stages.
7. REIMBURSABLE EXPENSES :
In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the
Client will reimburse the Architect the following expenses incurred by him for discharge of
his obligations:
7.01. Actual cost of travel (to & fro), boarding & lodging and local transport for any visit
made by his staff to the site or such other place as may be necessary in connection with the
execution of work and in connection with the performance of duties referred to in this
agreement.
The Client shall discharge all his obligations connected with the project and engagement of
the Architect as follows:
8.03 To provide a site plan, to a suitable scale, showing boundaries, contours at suitable
intervals, existing physical features including any existing roads, paths, trees, existing
structures, existing service and utility lines and such lines to which the proposed service can
be connected. In case such information is not readily available, the Client shall arrange for
the survey/ collection of necessary information and pay for the same.
8.04 To furnish reports on soil conditions and test as required by the Architect or pay for the
preparation of the same.
8.05 To furnish specific conditions/ Statutory stipulations/ Codes of Practice/Schedule of
rates, etc., desired to be followed.
8.06 To pay all the fees, levies, security deposits and expenses in respect of statutory
sanction.
8.07 To give effect to the professional advice of the Architect and cause no changes in the
drawings and documents without the consent of the Architect.
9.01 The Architect shall keep the Client informed about the progress of work in his office.
9.02 The Architect shall appoint specialised consultants in consultation with the Client, if
necessary.
9.03 The Architect shall be responsible for the direction and integration of the consultants
work. The consultants, however, shall be fully responsible for the calculations, the detailed
design and periodic inspection and evaluation of the work entrusted to them. The Architect
shall, if requested, make available the design calculations.
9.04 The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM
Network) prepared by the contractors for the completion of work, if required.
9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at
different stages.
9.06 The Architect shall not make any deviations, alterations or omissions from the
approved drawings, involving financial implications without prior consent of the Client.
9.07 Any professional services to be rendered by the Architect at the instance of the Client
after the agreed project completion period shall be compensated for on mutually agreed
terms.
9.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of
his duties and shall exercise such general superintendence and inspection as may be
necessary to ensure that works are being executed in accordance with the Conditions of
Contract.
9.09 Any revision in the drawings, tenders and documents, once approved, required to be
made by the Client shall be compensated as additional services rendered by the Architect
and paid for @ 50% of the fee prescribed for the relevant stage(s).
9.10 No change shall be made in the approved drawings and specifications at site without
the consent of the Architect.
9.11 Any curtailment of the professional services, beyond Stage 2, shall make it obligatory
for the client to pay at least 20% of the fee for the remaining Stage(s) of the curtailed
work/ Services.
The Architect shall, in consultation with the Client, prepare a Time Schedule in respect of
various services to be rendered and discharge of Client's obligations.
11. INDEMNIFICATION :
In the event that a claim or suit is brought against the Architect or the Consultants by any
third party for damages arising from personal injury or property damage caused wholly by
the Client, or anyone employed by the Client, or anyone for whose acts the Client may be
held responsible, then the Client shall indemnify the Architect and fully reimburse any loss,
damage or expenses, including the attorney's fees, which the Architect may incur in
connection therewith.
13.1 Agreement between the Architect and the Client may be terminated by either one
giving the other a written notice of not less than 30 (thirty) days, should either fail
substantially to perform his part of responsibilities/duties, so long as the failure is not
caused by the one initiating the termination.
13.2 When termination of this Agreement is not related or attributable, directly or indirectly
to any act, omission, neglect or default on the part of the Architect, the Architect shall be
entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 and 9.11 of
Clause 9.
13.3 In the event of Architect's firm closing its business or the Client having terminated the
agreement, the Client shall have the right to employ another Architect to complete the
work, after making payment to the previous architect's firm.
14. INTERPRETATION :
15. ARBITRATION :
All disputes or differences which may arise between the Client and the Architect under
"Conditions of Engagement and Scale of Charges" with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such disputes
and differences shall be referred for arbitration to the Council of Architecture. The arbitrator
shall be appointed by the President, Council of Architecture. The arbitration shall be
conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The decision
and award of the arbitrator shall be final and binding on the Architect and the Client.
Urban Design
1. SCOPE OF WORK :
The Architect is required to provide services for Urban Design /Urban Renewal Scheme in
respect of the following :
1.2 Site evaluation, analysis of architectural character, social issues and heritage.
1.4 Preliminary proposal for development/ re-development and their impact on immediate
environs.
1.5 Volumetric study and Urban form recommendations including pedestrian / vehicular
movement and parking.
1.8 Comprehensive Architectural Services beyond Part I with regard to external Engineering
Services and related buildings / structures; Roads, pathways, culverts & bridges; boundary
walls, gates.
1.9 Landscape Architectural Services beyond Part I with regard to public spaces.
2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the following services:
2.01 Ascertain Client's requirements, examine site constraints & potential ; and prepare a
design brief for Client's approval.
2.02 Study of existing land use in and around the project area.
2.03 Study of contextual issues, socio-cultural aspects, landscape features and built form
etc.
2.05 Prepare report on site evaluation, state of existing buildings, if any ; and analysis with
basic approach to circulation, activity distribution, interconnectivity and external linkages
including rough estimate of project cost based on allowable FAR/ re-development
objectives.
2.06 Assessment of impact of development/ re-development plan on the project area and
its immediate environs.
2.07 Furnish report on measures required to be taken to mitigate the adverse impact, if
any, of the existing and/ or proposed development /
2.08 Preparation of concept design of the area showing circulation pattern, zoning of various
land uses and relevant details, development/re-development strategy.
2.10 Furnish revised rough estimate of project cost based on FAR used in concept
design/re-development objectives.
2.11 Preparation of three dimensional form in relation to open spaces, model showing the
proposal and surrounding areas.
2.12 Submission of model and Conceptual design to the Client/ statutory authorities for
approval & ensure compliance with codes, standards and legislation, as applicable and carry
out necessary changes as may be required.
DETAILED DESIGN [STAGE 3] :
2.13 Preparation of drawings showing the common facilities for circulation, parking, open
spaces and external Architectural form.
2.16 Preparation of drawings showing landscape, street furniture and graphic signage.
2.20 Presentation of the urban design study to the statutory authorities for approval and
ensure compliance with codes, standards and legislation, as applicable and carry out
necessary changes as may be required.
IMPLEMENTATION [STAGE 4] :
2.21 Provide Comprehensive Architectural Services with regard to Site Development works,
if assigned.
2.22 Provide Landscape Architectural Services with regard to public spaces, if assigned.
2.23 Review and certification of detailed Architectural design of each of the constituent
components for construction or development within the area under urban design/ urban
renewal before approval by statutory authorities.
EXCLUSIONS :
2.24 The above scope of work will not include any architectural details which are not
relevant to external envelope.
3. PROFESSIONAL FEE :
3.1 In consideration of the professional services rendered by the Architect, he shall be paid
professional fee and other charges in accordance with the Scale of Charges for Urban
Design/ Urban Renewal, Site Development and Landscape Architecture, as assigned.
3.2 Any tax levied by law, such as Service tax, etc., contingent to Professional Services
rendered by the Architect, shall be payable by the Client, over and above the gross fees
charged by the Architect in relation to the services provided.
4. SCHEDULE OF PAYMENT :
The Architect shall be paid professional fee in the following stages consistent with the work
done plus other charges and reimbursable expenses as agreed upon:
The stages of payment for Site Development works beyond Part I shall be same as for
Comprehensive Architectural Services.
The stages of payment for Landscape Architectural Services beyond Part I shall be same as
for Landscape Architecture.
5.1 The payment due to the Architect for Urban Design/ Urban Renewal works, at different
stages, shall be computed in accordance with Scale of Charges.
5.2 The payment due to the Architect for Site Development and Landscape Architecture
works, at different stages, shall be computed in accordance with the respective services.
5.3 Progressive, on account, payments shall be made by the Client to the Architect against
any of the stages based on the quantum of work done during that stage as may be mutually
agreed to between the Client and the Architect.
Apart from the professional fee, the Client shall pay to the Architect Documentation and
Communication charges, @ 10% of the professional fee payable to the Architect at all
stages.
7. REIMBURSABLE EXPENSES :
In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the
Client will reimburse the Architect the following expenses incurred by him for discharge of
his obligations:
7.01 Actual cost of travel (to & fro), boarding & lodging and local transport for any visit
made by his staff to the site or such other place as may be necessary in connection with the
execution of work and in connection with the performance of duties referred to in this
agreement.
The Client shall discharge all his obligations connected with the project and engagement of
the Architect, as follows:
8.03 To provide a site plan, to a suitable scale, showing boundaries, contours at suitable
intervals, existing physical features including any existing roads, paths, trees, existing
structures, existing service and utility lines and such lines to which the proposed service can
be connected. In case such information is not readily available, the Client shall arrange for
the survey/ collection of necessary information and pay for the same.
8.04 To furnish reports on soil conditions and test as required by the Architect or pay for the
preparation of the same.
8.06 To pay all the fees, levies, security deposits and expenses required in respect of
statutory sanction.
8.07 To give effect to the professional advice of the Architect and cause no changes in the
drawings and documents without the consent of the Architect.
9.01 The Architect shall keep the Client informed about the progress of work in his office.
9.02 The Architect shall appoint specialised consultants in consultation with the Client, if
necessary.
9.03 The Architect shall be responsible for the direction and integration of the consultants
work. The consultants, however, shall be fully responsible for the calculations, the detailed
design and periodic inspection and evaluation of the work entrusted to them. The Architect
shall, if requested, make available the design calculations.
9.04 The Architect will advise the Client on the broad Time Schedule for implementation of
the project.
9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at
different stages.
9.06 The Architect shall not make any deviations, alterations or omissions from the
approved drawings, involving financial implications without prior consent of Client.
9.07 Any professional services to be rendered by the Architect at the instance of the Client
after the agreed project completion period shall be compensated for on mutually agreed
terms.
9.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of
his duties and shall exercise such general superintendence and inspection as may be
necessary to ensure that works are being executed in accordance with the Conditions of
Contract.
9.09 Any revision in the drawings, tenders and documents, once approved, required to be
made by the Client shall be compensated as additional services rendered by the Architect
and paid for @ 50% of the fee prescribed for the relevant stage(s).
9.10 No change shall be made in the approved drawings and specifications at site without
the consent of the Architect.
9.11 Any curtailment of the professional services, beyond Stage 2b, shall make it obligatory
for the Client to pay at least 20% of the fee for the remaining stage(s) of the curtailed
work/ services.
11. INDEMNIFICATION :
In the event that a claim or suit is brought against the Architect or the Consultants by any
third party for damages arising from personal injury or property damage caused wholly by
the Client, or anyone employed by the Client, or anyone for whose acts the Client may be
held responsible, then the Client shall indemnify the Architect and fully reimburse any loss,
damage or expenses, including the attorney's fees, which the Architect may incur in
connection therewith.
13.1 Agreement between the Architect and the Client may be terminated by either one
giving the other a written notice of not less than 30 (thirty) days, should either fail
substantially to perform his part of responsibilities/ duties, so long as the failure is not
caused by the one initiating the termination.
13.2 When termination of this Agreement is not related or attributable, directly or indirectly
to any act, omission, neglect or default on the
part of the Architect, the Architect shall be entitled to professional fees as stipulated under
Clause 4 and sub-clauses 9.09 and 9.11 of
Clause 9.
13.3 In the event of Architect's firm closing its business or the Client having terminated the
agreement, the Client shall have the right to employ another Architect to complete the
work, after making payment to the previous architect's firm.
14. INTERPRETATION :
In case of any ambiguity or difficulty in the interpretation of the Conditions of Engagement
and Scale of Charges, the interpretation of the Council of Architecture shall be final and
binding on the Architect and the Client.
15. ARBITRATION :
All disputes or differences which may arise between the Client and the Architect under
"Conditions of Engagement and Scale of Charges" with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such disputes
and differences shall be referred for arbitration to the Council of Architecture. The arbitrator
shall be appointed by the President, Council of Architecture. The arbitration shall be
conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The decision
and award of the arbitrator shall be final and binding on the Architect and the Client.
Landscape Architecture
1. SCOPE OF WORK :
2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the following services :
2.01 Carry out site analysis and furnish a site appraisal report with regard to the potential
of the site vis-à-vis activities.
2.02 Prepare drawings and documents to enable the Client to get done the detailed survey
and soil investigation at the site of the project.
2.04 Prepare conceptual landscape design with reference to requirements given and prepare
rough estimate of cost on area basis.
2.05 Modify the conceptual design incorporating required changes and prepare the
preliminary drawings, sketches, etc. for the Client's approval along with preliminary
estimate of cost on area basis.
2.06 Prepare drawings necessary for Client's/ statutory approvals and ensure compliance
with codes, standards and legislation, as applicable and assist the Client in obtaining the
statutory approvals thereof, if required.
2.08 Invite, receive and analyse tenders ; advise Client on appointment of contractors.
CONSTRUCTION [STAGE 6] :
2.09 Prepare and issue working drawings and details for proper execution of works during
construction.
2.11 Check and approve shop drawings submitted by the contractor/ vendors.
2.12 Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the
Construction Works and where necessary clarify any decision, offer interpretation of the
drawings/specifications, attend conferences and meetings to ensure that the project
proceeds generally in accordance with the conditions of contract and keep the Client
informed and render advice on actions, if required.
2.13 In order to ensure that the work at site proceeds in accordance with the contract
documents/ drawings and to exercise time and quality controls, the day-to-day supervision
will be carried out by a Construction Manager (Clerk of Works/ Site Supervisor or
Construction Management Agency in case of a large and complex project), who shall work
under the guidance and direction of the Architect and shall be appointed and paid by the
Client.
COMPLETION [STAGE 7] :
2.15 Prepare and submit completion reports and drawings for the project as required and
assist the Client in obtaining "Completion / Occupancy Certificate" from statutory
authorities, wherever required.
2.16 Issue two sets of as built drawings including services, structures and plantation.
3. PROFESSIONAL FEE :
3.01 In consideration of the professional services rendered by the Architect, he shall be paid
professional fee and other charges in accordance with the Scale of Charges.
3.02 Any tax levied by law, such as Service tax, etc. contingent to professional services
rendered by the Architect, shall be payable by the Client, over and above the gross fees
charged by the Architect in relation to the services provided.
4. SCHEDULE OF PAYMENT :
The Architect shall be paid professional fee in the following stages consistent with the work
done plus other charges and reimbursable expenses as agreed upon.
5.1 The fee payable to the Architect shall be computed on the actual cost of works on
completion. The payment due to the Architect at different stages be computed on the
following basis :
5.1.1 At Retainer : On rough estimate of cost.
5.2 Progressive, on account, payments shall be made by the Client to the Architect against
any of the above stages based on the quantum of work done during that stage, as may be
mutually agreed to between the Client and the Architect.
5.3 No deduction shall be made from the fee of the Architect on account of penalty,
liquidated damages, part rates or other sums withheld from payment or recovered from
contractors/ suppliers.
5.4 When the work is executed wholly or in part with old materials or labour or carriage is
provided by the Client, the percentage fees shall be calculated as if the work had been
executed wholly by the contractor supplying all labour and new materials.
5.5 The actual cost of the completed works shall include cost of execution of assigned
works, referred to in Scope of Work and also the cost of equipment & machinery such as
Pumps & Motors, etc. but excluding the cost of land.
Apart from the professional fee, the Client shall pay to the Architect Documentation and
Communication charges, @ 10% of the professional fee payable to the Architect at all
stages.
7. REIMBURSABLE EXPENSES :
In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the
Client will reimburse the Architect the following expenses incurred by him for discharge of
his obligations:
7.01 Actual cost of travel (to & fro), boarding & lodging and local transport for any visit
made by his staff to the site or such other place as may be necessary in connection with the
execution of work and in connection with the performance of duties referred to in this
agreement.
The Client shall discharge all his obligations connected with the project and engagement of
the Architect, as follows:
8.03 To provide a site plan, to a suitable scale, showing boundaries, contours at suitable
intervals, existing physical features including any existing roads, paths, trees, existing
structures, existing service and utility lines and such lines to which the proposed service can
be connected. In case such information is not readily available, the Client shall arrange for
the survey collection of necessary information and pay for the same.
8.04 To furnish reports on soil conditions and soil test as required by the Architect.
8.06 To pay all the fees, levies, security deposits and expenses in respect of statutory
sanction.
8.07 To give effect to the professional advice of the Architect and cause no changes in the
drawings and documents without the consent of the Architect.
9.01 The Architect shall keep the Client informed about the progress of work in his office.
9.02 The Architect shall appoint specialised consultants in consultation with the Client, if
necessary.
9.03 The Architect shall be responsible for the direction and integration of the consultants
work. The consultants, however, shall be fully responsible for the calculations, the detailed
design and periodic inspection and evaluation of the work entrusted to them. The Architect
shall, if requested, make available the design calculations.
9.04 The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM
Network) prepared by the contractors for the completion of work, if required.
9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at
different stages.
9.06 The Architect shall not make any deviations, alterations or omissions from the
approved drawings, involving financial implications without prior consent of the Client.
9.07 Any professional services to be rendered by the Architect at the instance of the Client
after the agreed project completion period shall be compensated for on mutually agreed
terms.
9.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of
his duties and shall exercise such general superintendence and inspection as may be
necessary to ensure that works are being executed in accordance with the Conditions of
Contract.
9.09 Any revision in the drawings, tenders and documents, once approved, required to be
made by the Client shall be compensated as additional services rendered by the Architect
and paid for @ 50% of the fee prescribed for the relevant stage(s).
9.10 No change shall be made in the approved drawings and specifications at site without
the consent of the Architect.
9.11 Any curtailment of the professional services, beyond Stage 2, shall make it obligatory
for the client to pay at least 20% of the fee for the remaining stage(s) of the curtailment
work/ services.
The Architect shall, in consultation with the Client, prepare a Time Schedule in respect of
various services to be rendered and discharge of client's obligations.
11. INDEMNIFICATION :
In the event that a claim or suit is brought against the Architect or the Consultants by any
third party for damages arising from personal injury or property damage caused wholly by
the Client, or anyone employed by the Client, or anyone for whose acts the Client may be
held responsible, then the Client shall indemnify the Architect and fully reimburse any loss,
damage or expenses, including the attorney's fees, which the Architect may incur in
connection therewith.
13.1 Agreement between the Architect and the Client may be terminated by either one
giving the other a written notice of not less than 30 (thirty) days, should either fail
substantially to perform his part of responsibilities/ duties, so long as the failure is not
caused by the one initiating the termination.
13.2 When termination of this Agreement is not related or attributable, directly or indirectly
to any act, omission, neglect or default on the part of the Architect, the Architect shall be
entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 & 9.11 of
Clause 9.
13.3 In the event of Architect's firm closing its business or the Client having terminated the
agreement, the Client shall have the right to employ another Architect to complete the
work, after making payment to the previous architect's firm.
14. INTERPRETATION :
15. ARBITRATION :
All disputes or differences which may arise between the Client and the Architect under
"Conditions of Engagement and Scale of Charges" with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such disputes
and differences shall be referred for arbitration to the Council of Architecture. The arbitrator
shall be appointed by the President, Council of Architecture. The arbitration shall be
conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The decision
and award of the arbitrator shall be final and binding on the Architect and the Client.
Interior Architecture
1. SCOPE OF WORK :
1.4 Design of fixed items of work, loose furniture & interior related civil works.
2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the following services :
2.01 Furnish a site evaluation and analysis report with basic approach to circulation, activity
distribution, interaction and external linkages.
2.03 Prepare conceptual designs with reference to requirements and prepare rough estimate
of cost on area basis.
PRELIMINARY DESIGN [STAGE 2] :
2.04 Modify the conceptual designs incorporating required changes, prepare the preliminary
drawings, interior views and schedule of finishes for the Client's approval along with the
preliminary estimate of cost on area basis.
2.05 Prepare drawings necessary for Client's/ statutory approvals and ensure compliance
with codes, standards and legislation, as applicable and assist the Client in obtaining the
statutory approvals thereof, if required.
2.07 Invite, receive and analyse tenders, advise Client on appointment of contractors.
CONSTRUCTION [STAGE 6] :
2.08 Prepare and issue working drawings and details for proper execution of works during
construction.
2.10 Check and approve shop drawings submitted by the contractor/ vendors.
2.11 Visit the site of work and fabrication workshop, at intervals mutually agreed upon, to
inspect and evaluate the progress of works and where necessary clarify any decision, offer
interpretation of the drawings/specifications, attend conferences and meetings to ensure
that the project proceeds generally in accordance with the conditions of contract and keep
the Client informed and render advice on actions, if required.
2.12 In order to ensure that the work at site proceeds in accordance with the contract
documents/ drawings and to exercise time and quality controls, the day-to-day supervision
will be carried out by a Construction Manager (Clerk of Works/ Site Supervisor or
Construction Management Agency in case of a large and complex project), who shall work
under the guidance and direction of the Architect and shall be appointed and paid by the
Client.
2.13 Issue Certificate of Virtual Completion of works.
COMPLETION [STAGE 7] :
2.14 Prepare and submit completion reports and drawings for the project as required and
assist the Client in obtaining "Completion/ Occupancy Certificate" from statutory authorities,
wherever required.
2.15 Issue two sets of as built drawings including services and structures.
3. PROFESSIONAL FEE :
3.01 In consideration of the professional services rendered by the Architect, he shall be paid
professional fee and other charges in accordance with the Scale of Charges.
3.02 Any tax levied by law, such as Service tax, etc. contingent to professional services
rendered by the Architect, shall be payable by the Client, over and above the gross fees
charged by the Architect in relation to the services provided.
4. SCHEDULE OF PAYMENT :
The Architect shall be paid professional fee in following stages consistent with the work done
plus other charges and reimbursable expenses as agreed upon :
5.1 The fee payable to the Architect shall be computed on the actual cost of works on
completion. The payment due to the Architect at different stages be computed on the
following basis:
5.1.1 At Retainer : On rough estimate of cost.
5.2 Progressive, on account, payments shall be made by the Client to the Architect against
any of the above stages based on the quantum of work done during that stage, as may be
mutually agreed to between the Client and the Architect.
5.3 No deductions shall be made from the fee of the Architect on account of penalty,
liquidated damages, part rates or other sums withheld from payment or recovered from
contractors/ suppliers.
5.4 When the work is executed wholly or in part with old material or labour or carriage is
provided by the Client, the percentage of fees shall be calculated as if the work had been
executed wholly by the contractor supplying all labour and new materials.
5.5 The actual cost of the completed works shall include cost of execution of assigned
works, referred to in Scope of Work, but excluding the cost of premises.
Apart from the professional fee, the Client shall pay to the Architect Documentation and
Communication charges, @ 10% of the professional fee payable to the Architect at all
stages.
7. REIMBURSABLE EXPENSES :
In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the
Client will reimburse the Architect the following expenses incurred by him for discharge of
his obligations:
7.01. Actual cost of travel (to & fro), boarding & lodging and local transport for any visit
made by his staff to the site or such other place as may be necessary in connection with the
execution of work and in connection with the performance of duties referred to in this
agreement.
7.02. Cost of presentation models, computer simulation, presentation drawings, etc.,
prepared at the instance of the Client for purposes other than the Design and execution of
the project.
The Client shall discharge all his obligations connected with the project and engagement of
the Architect as follows:
8.03 To provide location plan, measured drawings and photographs of existing space with
full structural and relevant details, existing services and common outlets to which proposed
services can be connected. In case such information is not readily available, the Client shall
arrange for the collection of necessary information and pay for the same.
8.05 To pay all the fees, levies, security deposits and expenses in respect of statutory
sanction.
8.06 To give effect to the professional advice of the Architect and cause no changes in the
drawings and documents without the consent of the Architect.
9.01 The Architect shall keep the Client informed about the progress of work in his office.
9.02 The Architect shall appoint specialised consultants in consultation with the Client, if
necessary.
9.03 The Architect shall be responsible for the direction and integration of the consultants
work. The consultants, however, shall be fully responsible for the calculations, the detailed
design and periodic inspection and evaluation of the work entrusted to them. The Architect
shall, if requested, make available the design calculations.
9.04 The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM
Network) prepared by the contractors for the completion of work, if required.
9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at
different stages.
9.06 The Architect shall not make any deviations, alterations or omissions from the
approved drawings, involving financial implications without prior consent of the Client.
9.07 Any professional services to be rendered by the Architect at the instance of the Client
after the agreed project completion period shall be compensated for on mutually agreed
terms.
9.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of
his duties and shall exercise such general superintendence and inspection as may be
necessary to ensure that works are being executed in accordance with the Conditions of
Contract.
9.09 Any revision in the drawings, tenders and documents, once approved, required to be
made by the Client shall be compensated as additional services rendered by the Architect
and paid for @ 50% of the fee prescribed for the relevant stage(s).
9.10 No change shall be made in the approved drawings and specifications at site without
the consent of the Architect.
9.11 Any curtailment of the professional services, beyond Stage 2, shall make it obligatory
for the client to pay at least 20% of the fee for the remaining stage(s) of the curtailment
work/ services.
The Architect shall, in consultation with the Client, prepare a Time Schedule in respect of
various services to be rendered and discharge of client's obligations.
11. INDEMNIFICATION :
In the event that a claim or suit is brought against the Architect or the Consultants by any
third party for damages arising from personal injury or property damage caused wholly by
the Client, or anyone employed by the Client, or anyone for whose acts the Client may be
held responsible, then the Client shall indemnify the Architect and fully reimburse any loss,
damage or expenses, including the attorney's fees, which the Architect may incur in
connection therewith.
13.1 Agreement between the Architect and the Client may be terminated by either one
giving the other a written notice of not less than 30 (thirty) days, should either fail
substantially to perform his part of responsibilities/ duties, so long as the failure is not
caused by the one initiating the termination.
13.2 When termination of this Agreement is not related or attributable, directly or indirectly
to any act, omission, neglect or default on the part of the Architect, the Architect shall be
entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 & 9.11 of
Clause 9.
13.3 In the event of Architect's firm closing its business or the Client having terminated the
agreement, the Client shall have the right to employ another Architect to complete the
work, after making payment to the previous architect's firm.
14. INTERPRETATION :
15. ARBITRATION :
All disputes or differences which may arise between the Client and the Architect under
"Conditions of Engagement and Scale of Charges" with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such disputes
and differences shall be referred for arbitration to the Council of Architecture. The arbitrator
shall be appointed by the President, Council of Architecture. The arbitration shall be
conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The decision
and award of the arbitrator shall be final and binding on the Architect and his Client.
Scale Of Charges
Explanatory Notes:
For works costing upto Rs. 1400 M the professional fees may be negotiable between the
Architect and the Client.
When an Architect is engaged to undertake Comprehensive Architectural Services in respect
of buildings/ Site Development and/ or Landscape Architectural Services as a follow up of an
Urban Design/ Urban Renewal Scheme, his professional fee for Comprehensive Architectural
Services/ Landscape Architectural Services shall be reduced by 20%.
The current value of M is 1000.
Letter Of Appointment
Ref:
Date:
From:
To:
Dear Sir,
We have great pleasure in appointing your firm as our architects for Comprehensive
Architectural services/ Urban Design/ Landscape Architecture/ Interior Architecture as
detailed below :
Project____________________________________
Services___________________________________
Fees______________________________________
This letter of appointment together with Conditions of Engagement and Scale of Charges of
Council of Architecture, as appended herewith, shall govern the agreement. This letter is
being sent in duplicate. One copy may please be signed in token of your acceptance and
returned to us.
Thanking You,
Yours faithfully,
ACCEPTED
Signature of Architect
Name of Architect_______________________
Council of Architecture's
Registration No.__________________________
Date_____________________
Place_____________________