One of the many member services provided by the Institute is the Senior Counsellor Service.  Members and member’s clients can seek advice from experienced practitioners to assist with early resolution of issues that arise on some projects.  All queries are confidential and the aim is to provide support before issues escalate to a point where legal advice is required.

During 2016 the SA Chapter received a range of queries.  A number related to disputed payment of fees.  Queries regarding estimates and cost control, copyright, fee scales and contractual clarifications were also received.

The recurrent thread evident in many of the matters raised was a breakdown in communication between architect and client.  What could have been relatively small issues had they been discussed as they emerged had developed into significant differences.  It is very challenging to achieve a satisfactory outcome when the parties involved will no longer speak to each other and what dialogue is occurring is in the form of emails and letters, which often become legalistic in tone.

This highlights the importance of establishing a clear and comprehensive client architect agreement at the commencement of a project, providing a valuable reference point against which to measure expectations and outcomes, even if there is no dispute.  Fees, scope of service, budget, program, an agreed brief and dispute resolution procedures should all be documented at the initiation of the project, when all parties are focused on the potential of the project and the pressures of time and money are yet to emerge. 

Addressing issues as they become apparent in an open and factual manner is also important to maximize the opportunity for a mutually acceptable and constructive outcome.  These conversations may not be the most enjoyable but the earlier you have them the less unpleasant they tend to be.  This may, in extreme cases, extend to terminating the agreement.  However, early action should prevent the situation to escalating to this point, as well as saving considerable time and stress. 

If your client won’t sign a client architect agreement that you consider is fair and reasonable then maybe they are not the client for you.  As some of the callers to the Senior Counsellor Service would no doubt agree, having the courage to refuse a project that doesn’t feel right is sometimes the best decision you can make.