Division 2 addresses the client-architect relationship. It includes obligations about client agreements, fees and costs, diligence, communication, contract administration, confidentiality, conflicts of interest and disclosure of referral, recommendation and endorsement arrangements.
An architect must—
(a) ensure that clients are kept adequately informed about the progress of their projects; and
(b) take reasonable steps to ensure that a client is informed of decisions required of the client in respect of the services with reasonable promptness; and
(c) provide sufficient relevant information with reasonable promptness to enable a client to make an informed decision in relation to the provision of services; and
(d) respond, with reasonable promptness, to a client's reasonable requests for information or other communications about the provision of services to the client; and
(e) take reasonable steps to ensure that all information and material provided to a client is accurate and unambiguous; and
(f) promptly advise a client in writing of any circumstance that is likely to prevent the architect from providing the services under the client agreement or from following the client's instructions in relation to the services, including a circumstance that imposes on the architect an obligation to withdraw from the provision of services under clause 2(2).
Poor communication between architects and clients is one of the leading causes of dissatisfaction and complaints by clients against architects. Inadequate communication can lead to clients making uninformed decisions, delayed instructions, missed deadlines, and expensive downstream consequences.
This clause seeks to ensure clients are kept up-to-date about their project's progress, the decisions they need to make, or problems that have arisen during the course of a project. By keeping a client informed, the architect supports the client by alerting them to risks and opportunities, while fostering a constructive relationship between the client, architect, and with other relevant parties. An informed client can alert the architect to any concerns or changes to their brief earlier, rather than later. Importantly, an informed client leads to better outcomes for the client, the project and for the architect.
- Establish a communication protocol with each client at the outset of each project, covering how often you will update them about the project and through what channel(s) (e.g. monthly reports or regular email updates), as well as the decisions that will require the client’s input or decision. In establishing this protocol, architects could also consider the decisions that clients may reasonably wish to make.
- Issue regular project status reports so clients are never surprised by project developments. These can take the form of simple email updates.
- When a client decision is required, a clear deadline for their response could be set and clearly communicated to the client, with an explanation of the consequences of delay. To make informed decisions, a client must be provided with all relevant project documents or know how to access them, should they choose to do so.
- Assumptions about a client’s level of knowledge or expertise should not be made when deciding what information should be provided to a client. A client’s level of knowledge or expertise is something that should be explored with the client at the time of engagement and at relevant times during the engagement’s progression.
- Respond to client emails and calls within a reasonable time. What is 'reasonable' will depend on context; if something is particularly important or urgent (e.g. a planning permit deadline) the response should be provided quickly compared to a query about a general matter with limited consequences.
- In relation to advice and information given to clients:
- This should be accurate. If you are uncertain, say so when providing the information and seek clarification before providing advice.
- Follow-up verbal advice that has been given to clients with prompt written confirmation.
- Provide information in a manner that is accessible and easy for the client to understand and be ready to assist the client in understanding complex or technical concepts or language.
- Confirm whether a client understands all relevant information or materials that has been provided.
- Confirm any variations to the scope/budget in writing and document receipt of the client’s written approval.
- Provide copies of all meeting minutes to the client regardless of whether or not the client attended the meetings.
- Provide copies of, or ready access to, all project documents to the client, including advice received from specialist consultants and other requests for information and correspondence with the client’s building contractor.
- If something happens that will prevent you from meeting a deadline or continuing the project, the client should be notified in writing immediately.
Updated