PROFESSIONAL PRACTICE FOR ARCHITECTS:

LECTURE No. 9

Course Instructor:
Ar./Plnr. Azhar M. Sualehi
 AGREEMENT

Seven Key Elements of an Effective Consulting

Agreement
 Scope of Services. The core purpose of any agreement is to
facilitate what one party will be doing for the other. ...
 Obligations. ...
 Fees and Expenses. ...
 Timeframe. ...
 Proprietary Rights and Confidentiality. ...
 Warranty. ...
 General Terms.
 AGREEMENT

Keys of an Effective Consulting Agreement

 Agreements are vital towards establishing a mutually beneficial
relationship between two parties, laying out the services, terms,
and conditions they consent to.

A Consulting Agreement works no differently, providing a framework for

consultants of all fields of expertise to provide their services to clients. Whether
you offer such services or are in need of them, it is imperative you understand
the key components of a successful Consulting Agreement
 AGREEMENT

Scope of Services
The core purpose of any agreement is to facilitate what one party will
be doing for the other.
A Consulting Agreement must have a section that, at minimum details,
 what sort of services will be provided by the consultant.
 It should reference an attachment to the agreement called the
“Statement of Work” which sets forth a detailed and comprehensive
description of the services that will be rendered,
 the fees and charges for those services, and
 any additional terms and conditions.

The same agreement may be used for multiple Statements of Work, and the
services section may include a stipulation that the parties can change the
scope of the services through a written “Change Order” signed by each of
them.
There should also be a clause requiring a status report to be reviewed and
executed by both parties once services are complete.
 AGREEMENT

Obligations
This part of the agreement establishes what the duties based on the
understanding of the parties.
 In some cases, the party employing the consultant may need to provide
support services to facilitate the consultation work, such as the use of the
company’s equipment.

Fees and Expenses

 While the service portion of the agreement lays out a general picture of the
costs associated with the consulting work, the agreement should have a
separate provision clearly delineating the recipient party’s responsibility to
pay for those services set forth in the Statement of Work.
 It should include information about the pay period or when the invoice will
be sent.

Timeframe
 The Consulting Agreement should state what date it comes into effect and
for how long it will remain in force.
 The agreement can be terminated on a specific date or when the work has
been completed to the satisfaction of both parties.
 AGREEMENT

Proprietary Rights and Confidentiality

Consulting services often require dealing with very sensitive material.
 The agreement should devote a section to clearly outlining the parameters and
restrictions with which this information can be utilized, and state that one party
consents to disclose said information to the other party.
 If anything, confidential is to be disclosed to a third party, it can be done only
through the written and signed consent of both parties.
 If a breach or wrongful use of this information is to occur, then the provision
should spell out the consequences, namely an immediate termination of the
agreement and the right of the wronged party to pursue legal action and recover
the associated costs.
 Instruments of service produced by the design professional, including plans,
specifications, drawings, opinions, reports, and calculations have historically
been treated as intellectual property belonging to the design firm that created it.
 However, the Architect may unconditionally transfers and assigns to the Client
all copyright claims, trade secrets or other proprietary rights with respect to
such documents, and agree, upon request of the Owner, to turn over to the
Owner the originals and all copies of such documents and materials as of the
date of such request.
 AGREEMENT

Warranty
 This provision asserts that the consultant’s services adhere to acceptable
industry standards and practices, and
 guarantees that any issues or shortcomings with the work will be remedied
in some way (either through a refund or by resolving the matter at no
additional cost).

General Terms
 The Consulting Agreement should contain a section that covers a range of
other matters that are crucial to the execution of the consulting work.
 This includes making clear that the consultant is an independent contractor
rather than an employee (which would have distinct tax implications),
 giving leeway to any delays or failures in performance caused by
externalities beyond either party’s control, and
 establishing how the two parties will communicate with one another in
relation to the agreement (via email, postal mail, etc.).
 AGREEMENT
This agreement, made at Lahore, on ––––– day of the March.202, by and between Mr. ________
__________________, resident of Lahore. (hereinafter called the “Client”), of the first part; and
Ar. _________________________, R/o ____________ ________________ ________________,
Lahore. (hereinafter called the “Consultant”) of the second part.

WHEREAS the Client desires to engage a Consultant, to provide professional services for design
of a house at _______ ___________, _____________., Lahore (hereinafter called the “projects”).

And whereas the Consultant has agreed to perform the required services, subject to the terms and
conditions set forth in the article’s hereafter mentioned, which had been mutually agreed upon and
form an integral part of this agreement.

ARTICLE 1: SCOPE OF WORK.

The scope of work for the services to be rendered by the Consultant shall be as follows:

A) OUTLINE PROPOSALS:
i) Development the Client’s brief while carrying out studies on users’ requirements.
ii) Preparing, describing and illustrating preliminary interior /architectural designs.
iii) Receiving any amended instruction from the client.
iv) Preparing and submitting the layout plan for approval of the Client.

B) SUBMISSION DRAWING:
i) Preparing and submitting of submission drawing according to byelaws.
ii) Construction approval from relevant building control authority.

C) DETAILED INTERIOR DESIGNS, PRODUCTION INFORMATION,

i) Preparing detailed interior, architectural and structural designs incorporating
electrical, mechanical, sanitary / drainage, gas systems.
ii) Advising the client for the selection of the Contractor.

D) SUPERVISION
i) Review of the contractor’s construction program, methods of execution, progress of works
recommendations to achieve completion targets.
ii) Periodic Top/Supervision of the construction works in accordance with prescribed
specifications. (At least 2 visits per month)
iii) Contractors Bill Verification (If desired by the Client)

ARTICLE 2. ALTERATIONS OR MODIFICATIONS TO DESIGN:

If any alteration or modification are to be carried out by the Consultant, after approval of the client,
at any stage and such alterations and modifications are not necessitated by bad planning and design
of the Consultant, additional payment as professional fee for any such subsequent work will be
mutually agreed between the Client and Consultant.

ARTICLE 3. REMUNERATIONS:
a) In considerations of the services to be performed by the Consultant under article 1, the
client will pay the remuneration of Rs. 000,000 (Rupees _________ Hundred thousand
only).
b)
i) The client shall make an advance payment to the Consultant, equal to
25% of the total amount, within seven days after signing of this agreement.
ii) 20% of the total fee will be paid to the Consultant after completion of its
services, enumerated under Article 1 (A) & (B)
iii) 40% of the total fee will be paid to the Consultant upon handing
over of construction drawings for Civil and Structural drawings
iv) Balance 15% of the total fee will be paid to Consultant upon handing over
of Electrification, Plumbing and Finishing details.

ARTICLE 4: REIMBURSABLE DIRECT COSTS:

The following are the direct costs which will be reimbursed by the client on weekly basis:
i) Cost of first class return air tickets when traveling outside Lahore.
ii) Car rentals at actuals, during site visits outside Lahore.
iii) Five-star hotel expenses, at actuals, during site visits outside Lahore.
iv) Cost of all surveys and testing, if required, at actuals.
v) Cost of printing/reproduction of copies of reports, documents, layouts and
drawings, at actuals.

ARTICLE 5: FORCE MAJEURE:

In the event, the Consultant is rendered unable wholly or in part, by Force Majeure to perform its
duties under this Agreement, then the Consultant shall notify to the Client the full particulars of
such Force Majeure, as soon as possible.

The term “Force majeure” employed hereunder shall mean acts of God, strikes, lockouts, war,
blockades, riots and civil disturbances. The Consultant will, however, claim no payment on
account of suspension of work nor will the client claim any suspension from the Consultant.

ARTICLE 6: TERMINATION

The Client may at any stage, after paying in full all costs and fees, due to the Consultant up to the
stage of work, terminate the Agreement in whole or part thereof, by mutual agreement between the
parties hereto, at any time by a written notice not less than 30 days prior to the termination date.

ARTICLE 7: ARBITRATION:
In the event of any dispute regarding the explanation and interpretation of any clause of this
Agreement, the matter will be resolved in accordance with the provisions laid down in prevailing
Arbitration Act, in force in Pakistan.

This Agreement may be modified or amended from time to time, by mutual agreement and consent.

In Witness whereof, the parties hereto have set their hands and seals, the day and the year
hereinabove mentioned.

For & on behalf of For & on behalf of

(Consultant) (Client)

–––––––––––––––––––––– _______________________

_______________________ _______________________
1. Witness 2. Witness