Agreement Sample (pdf) - Namibian Institute of Architechts

Within thirty days of receipt of payment of the above the architect shall deliver to the client one copy of
each document prepared by him and any other documents or items that may or should be in his
possession and not previously delivered to the client which, in the architect’s opinion, may be relevant to
the project.
5.17.2. Termination by the Architect
Upon termination by the architect, the terms of the Clause 5.17.1 shall apply; except that he shall only be
entitled to fees and disbursements related to his services rendered up to the date of his notice of
termination and no additional amount shall be due.
5.18. DISPUTE OR DIFFERENCE ARISING OUT OF THIS AGREEMENT
Should any dispute or difference whatsoever arise at any time hereafter between the parties hereto
concerning this agreement, or its construction or effect, or as to the rights, duties and/or liabilities of the
parties hereto of either of them under or by virtue of this agreement or otherwise, or as to any other
matter in any way arising out of the subject matter of this agreement, then either party hereto may declare
a dispute by delivering the details thereof to the other party. Such dispute shall forthwith be referred to
the arbitration and final decision of an arbitrator as nominated under clause 26 of the building contract.
5.19. LAW OF THIS AGREEMENT
It is agreed between the parties to this agreement that the law of the Republic of Namibia shall be
applicable to this agreement.
5.20. WHOLE AGREEMENT
This agreement, including any annexure hereto, constitutes the whole of the contract between the parties
and no variation hereof shall have any effect unless reduced to writing and signed by both parties.
5.21. SPECIAL TERMS
To be used for any special terms, subject to Clause 5.1, agreed to at the time of signing the articles of
agreement.
5.21.1. “Material Alteration”
A material alteration in terms of Clause 5.7 shall mean an alteration or variation the extent of any one of
which exceeds the sum stated in the schedule hereto.
5.21.2. “Progress Review Meetings”
The form, frequency and duration of progress review meetings in terms of Stage 4 shall be as stated in
the schedule hereto.
5.21.3. “Administration/Inspection Visits and Meetings”
The form, frequency and duration of administration/inspection visits and meetings in terms of Stage 5
shall be as stated in the schedule hereto.
CLAUSE 6: SUPPLEMENTARY SERVICES
The following supplementary services are additional to the standard services referred to in Clause 4, and
will rank for additional fees.
Supplementary services may be required individually or in varying combinations, or as such together with
standard services. They may be carried out by the architect or by him in collaboration with consultants.
Supplementary services shall only be provided by prior agreement between the client and the architect
and shall be confirmed in writing by the architect to the client stating the scope of services required and
the fees related to each service commissioned.
6.1. SPECIAL STUDIES
6.1.1. Studies for the Preparation of the Client’s Brief
• Assistance to the client in preparation of his requirements with regard to matters relating to the
client’s purpose, use of building type or method of operation.
6.1.2. Site Selection, Survey and Location Studies
• Investigation and advice on the suitability of a proposed site for a given project, other than when
being rendered on a current project under standard services.
• Investigation of the physical and chemical properties of the soil strata by means of trial holes,
borings, probes, loading and laboratory tests.
• Preparation of survey drawings indicating beacons, servitudes, site features, levels, contours, flood
lines, altitude, prescribed datum’s and other relevant physical items.
• Research into factors affecting location of a proposed project and making recommendations
thereon.
6.1.3. Technical, Economic and Environmental Feasibility Studies
• Investigation of and reporting on technical or economic feasibility or need for environmental studies
with the object of assisting the client to decide whether to proceed and, if so, in what form.
6.1.4. Market Studies
• Identifying sales potential, letting prospects, etc.
6.1.5.Traffic Studies
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