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Investigating client-architect agreements as contracts of agency to determine the role and authority of the architectural professional.Pelser, Antoinette. January 2013 (has links)
M. Tech. Architectural Technology / The South African Council for the Architectural Profession (SACAP) requires that all registered architects clearly set out the terms (as defined by Rule 4.1 of the SACAP Code of Conduct, Board Notice 154 of 2009) of their appointment, before they undertake to perform any architectural work. Although the legally tested professional service agreements conform to the requirements of the Code of Conduct, architects are still reluctant to make use of these contracts. It has become common practice for architects to rely on their own knowledge of contracts to construct self-drafted agreements that are often not legally enforceable, or not to enter in to a client-architect agreement at all. It is the researcher's opinion that architects' knowledge and perceptions of the elements of contract law and the existing client-architect agreements should be investigated in an attempt to encourage the use of established service agreements. The agreement between the client and the architect plays a vital role in setting out the obligations of the parties involved in a construction project. Architects fail to provide their clients with a balanced, equitable and insurable professional service agreement, placing both parties at risk. The architect's authority is not established without a proper contract of agency, and the client does not understand the obligations and the role that the service provider has to undertake to earn his fee. The purpose of this study is to determine the origin and development of contracts of agency in the built environment. The study further aims to establish if the current available client-architect agreements are defined clearly and appropriately, as a legal agreement.
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