Agreement Sample (pdf) - Namibian Institute of Architechts

• Maps, models, photographs including progress photographs necessary for administering the building
contract agreed to or requested by the client at a price agreed to between the parties.
• Long distance and overseas telephone calls, cablegrams, telegrams, telefaxes and telexes at actual
costs.
• International postage and local and international freight charges at actual cost.
• Premiums on any special insurances required by the client.
• Cost of structural chemical or other tests.
• Traveling and subsistence expenses beyond a 25 km radius from the architect’s office in accordance
with the current index of costs per kilometer prepared by the Automobile Association of Namibia for a
2000cc car and / or first class air fares for principals, economy class air fares for staff. Traveling time
will be charged up to a maximum of eight hours per working day. Where an overnight stay is
involved, 3-star accommodation, meals, out-of-pocket expenses and any other expenses incurred in
traveling to and from the ultimate destination.
Other as agreed **
CLAUSE 3: DEFINITIONS
In this agreement, unless inconsistent with the context, an expression or word to which a meaning has
been assigned in the Architects’ Act, 1979 (Act 13 of 1979) and any amendments thereto, shall bear the
same meaning, and –
3.1. “addition” means the enlargement of the architectural area of an existing building by way of
additional building work thereto;
3.2. “administer” means the services provided by an architect in terms of a contract for the erection of
a building;
3.3. “alteration” means any change of an architectural, structural, mechanical or electrical nature
made to an existing building and includes any portion of an existing building altered as a result of a new
extension to such building;
3.4. “architectural area” means the sum of the areas of the several floors of a building including
basement, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from
the exterior faces of the exterior walls;
3.5. “architect” means the person or persons so named in the Articles of Agreement, who shall be
registered with the Namibia Council for Architects and Quantity Surveyors and who shall be a member or
members of the NIA, or the partnership or the incorporated company so named in the Articles of
Agreement which shall comply with the rules published in terms of the Architects’ Act, 1979 (Act 13 of
1979);
3.6. “as-built drawings” shall mean the working drawings, amended as necessary on completion of
the project, which show the works as actually built;
3.7. “building scheme” means a design proposal for the erection of a building or group of buildings,
including all ancillary services, site works and other appurtenances;
3.8. “building contract” means the current edition of the “Agreement and Schedule of Conditions of
Building Contract” approved and recommended by the Namibia Institute of Architects, the Institute of
Namibian Quantity Surveyors and the Construction Industries’ Federation of Namibia;
3.9. “client” means the person, body corporate or public utility corporation or company established by
or under a special Act of Parliament or any state, regional or similar authorities engaging the architect to
perform any of the services set out herein as designated in the Articles of Agreement;
3.10. “completion of the project” means the date of the issue of the Certificate of Final Completion
referred to in the building contract;
3.11. “consultant” means any person engaged by agreement between the client and the architect to
provide specialized advice on any aspect of a project and shall include inter alia a registered quantity
surveyor, a professional engineer, a registered town and regional planner or a landscape architect;
3.12. “cost of the works” means the final cost of all work executed, including the cost of the electrical,
mechanical and any other specialist services and site works forming an integral part of the project and in
respect of which the architect renders the co-ordinating services, provided that the cost of the work shall
include the actual or estimated cost of any materials, labour or carriage donated or supplied at reduced
cost; and the actual or estimated cost of any work excluded from the contract and in respect of which the
architect has rendered services described in Clause 4; and any penalties, in terms of a building contract,
which may have been deducted from the payments to the contractor; and Value Added Tax (V.A.T); and
shall exclude the fees and disbursements of the architect, quantity surveyor, engineer or other
consultants; and the remuneration of the client’s site staff, except where the client is the builder;
3.13. “inspection” means such periodic visits to, or in connection with, the works by the architect as are
necessary to determine that the work is proceeding generally in accordance with the requirements of the
building contract between the client and the contractor, and for him to provide on-site clarification and
further information as may be required during progress of the work, and together with any consultants,
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