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Learn more about Architect Contract

Any professional engagement of the architect must be the subject of a prior written agreement, defining the nature and extent of his missions or interventions as well as the terms of his remuneration. The vocation of the Architect is to participate in everything that concerns the act of building and the development of space. In a general way, he exercises the function of project manager. With Themis Partner, have your Architect sign an architect contract describing the nature and scope of his missions or interventions as well as the terms of his remuneration. In general, the architectural project includes plans and written documents concerning the location of the buildings, their composition, their organization, the expression of their volume, the choice of materials and colors.

Table of contents


What is an architect?

In Thailand, the architect intervenes in the construction, the rehabilitation, the adaptation of the landscapes, the public or private buildings, and the residences, professional, industrial, commercial, and others. Its assistance is obligatory to establish the architectural project being the subject of requests for building permit near the departments called Tessaban.

Why do you need an architect contract?

The architect contract is concluded between an architect and a client. The architect intervenes in the construction, the rehabilitation, the adaptation of the landscapes, the public or private buildings, and housing, professional, industrial or commercial. In Thailand, the architect’s contract is not mandatory. His work is sufficient to give rise to the obligation to be paid.

However, it is strongly recommended to contract with an architect. Indeed, the missions entrusted to the Architect by a project owner are numerous and with variable geometry since this one can intervene as well at the stage of the design as at that of the execution. In the absence of a contract that precisely delimits the architect’s field of intervention and the client’s commitments, the relationship between the parties can become complicated.

The drafting of a contract between the architect and his client, called the architect contract, is therefore a matter of prudence and an ethical obligation.

With Themis Partner’s architect contract, you can benefit from a broad legal protection with the following clauses:

Project: our contract will indicate the information and address of the project. This is important for the legal protection
Conditions: you can mention the start and end date of the contract. The end date usually corresponds to the delivery of all the architect's services
Services of the architect: We have put the different main services rendered by the architect. Of course, it is important to modify this part according to the property and the services that must be rendered
Architect's fees: Defining the total amount of the architect's fees and the different stages of payment is an essential part of the contract
Completion date: The date of completion and delivery of services can be mentioned in this clause. This will give confidence to your clients by giving them precise dates
Construction Cost Estimate: You can include a clause that protects you from additional construction costs that are not the responsibility of the architect
Reimbursement and Expenses: In this clause, ensure that your client reimburses you for all expenses incurred in connection with the Architect's work
Change in Services: Protect yourself from any significant changes in your assignments and projects
Client Liability: Your clients also have a responsibility to properly manage your project. If your clients do not provide you with information, it could affect the outcome of your services. It is therefore essential to include a clause that obliges your clients to cooperate and provide you with all the information you need
Architect's liability: It is essential to limit the architect's liability during his work for damages that may occur during or after his services
Confidentiality: Protect the work of the architect and all his creations transmitted to the clients by this clause
Termination of the contract: It is essential to define any modality of termination of the contract following the will of one of the parties to terminate the agreement. This also allows to avoid long and expensive litigations
Intellectual property: The architect will keep the property of his creations, plans, drawings, and others
Force majeure: protects you against any unforeseen event outside your contract

What are the architect's missions?

The client instructs the architect, called the project manager, to design the architectural project. This project defines, with the help of plans and written documents, the layout of the buildings, their composition, organization and the expression of their volume, as well as the choice of materials and colors.

In addition to the establishment of the architectural project, the architect is competent to intervene at all levels of a project, from the design to the realization of the works:

➤ Choice of site
➤ Design
➤ Expertise
➤ Economic evaluation
➤ Financial arrangements
➤ Administrative procedures
➤ Call for tenders
➤ Follow-up of the building site
➤ Acceptance of work

The architect can all the more fulfill his missions as he takes charge of the operation from the beginning to the end. Close and available, the Architect is the best placed to assist you in all the functions of follow-up of the building site. He guides you through the construction process and helps you turn your ideas into reality by making the most of a place. His complete service is a factor of quality, performance and economy in time. He guarantees the client the best quality/price ratio at the time of investment and appreciable savings during maintenance. The architect meets the customers, manages the building sites, and maintains contacts with his various interlocutors:

➤ Elected officials
➤ Public servants
➤ Industrialists
➤ Bankers
➤ Developers
➤ Entrepreneurs

What should be included in an architect contract?

The mission entrusted to the architect is more or less extensive, and it is the contract that determines its scope. It can be divided into several phases:

The elaboration of the architectural project

The architect draws up the plans and written documents relating to the location of the buildings, their composition, their volumes, the choice of materials and colors. The elaboration of the project includes the following stages: The preliminary studies, the preliminary project, the final project, leading to the realization of the file of building permit and the consultation of the companies, and the finalization of the work contracts.

Management of the works and the follow-up of the building site

When the management of the results and the follow-up of the building site are entrusted to him, the architect writes and signs the service orders for the execution of the work by the various trades. He organizes and directs the regular meetings of the building site and writes the reports which he distributes to the companies and the owner. He can also make unannounced visits to the site. The architect also verifies the progress of the works and their conformity to the contractual documents and in particular to the plans and descriptive documents that he has established. Finally, he receives the situations, memoranda and supporting documents of the expenses of the company and gives them to his client by making him, according to the progress of work and according to the agreements made, proposals of installments and payment of the balance.

Acceptance of work

The acceptance of the work is essential for the client since it starts the warranty period. The architect is therefore at the side of the client to verify that all the results are in accordance with what was planned. He endorses the reports established during the acceptance. The mission of the architect ends with the final acceptance of the works. It is of course possible to entrust the architect with only a part of the project management. The architect contract must then stipulate precisely what the architect’s role is. However, and taking into account the copyright of the architect on his plans and sketches, this one preserves a right of glance on the modifications which could be brought to his dreams when he is not in charge of the work. Thus, until the acceptance of the work, no modification of the project, the plans and the studies can be brought without the consent of the architect.

What are the architect's fees?

The remuneration of the architect can be freely fixed between the parts. It depends essentially on several variables: the cost of the operation, its complexity, the extent and the difficulty of the mission which is entrusted to him. The remuneration can be a percentage of the global cost of the work. It can also be fixed or calculated on a time basis.

Finally, ancillary expenses may or may not be included in the hourly rate, but it is prudent to invoice them separately, on the basis of receipts. The architect contract also specifies the terms of payment and the penalties that the client may apply in case of delay attributable to the architect.

The remuneration can only be re-evaluated in case of a change in the program or additional services requested by the client. Underestimation of time by the architect would therefore remain at the architect’s expense.

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