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A & H BUILDING DESIGNERS

Helping you Achieve your Dream Home

 

Standard Project Agreement Terms & Conditions

  1. A & H Building Designers Pty Ltd will only allow a total of three (3) considerably minor design changes during ‘Stage 1’ of the project only. Any requests for additional design changes requested by the Client(s) after the 3rd design change and or after the completion of concept design drawings (Stage 1) will need to be made in writing to the Building Designer and additional hourly fees of $320.00+gst/hour (with a minimum one-hour timeframe) may apply. The Building Designer will advise via email the additional fees and timeframe accordingly.

  2. A & H Building Designers Pty Ltd will only provide ‘building design drawings’ which are standard design drawings at a suitable scale of 1:100 (usually for floor plans, sections and elevations) and or 1:200 (usually for site plans) illustrating adequate information to obtain ‘CDC approval’ by the nominated accredited PCA. A & H Building Designers Pty Ltd provide standard design drawings which are readable for experienced and licensed builders and or licensed/qualified tradespeople.

    Should the Client(s) and or their nominated experienced and licensed builder and or their licensed/qualified tradespeople require additional detailed drawings (i.e larger scale plans, elevations, sections etc) at 1:50, 1:20 and or 1:10 construction drawings then a written request by the Client(s) is to be emailed to A & H Building Designers Pty Ltd and allow a minimum of five (5) working days for A & H Building Designers Pty Ltd to review the requested detailed drawings and provide a written quotation and a timeframe of completion accordingly. A & H Building Designers Pty Ltd reserve the right to provide or not to provide additional detailed drawings (in addition to 1:100 and or 1:200 scale design drawings) at any time for a project.

  3. A & H Building Designers Pty Ltd utilise the window and door opening sizes/measurements of https://www.windowsanddoorssydney.com.au/. The client(s) is to inform A & H Building Designers Pty Ltd if they wish to utilise a different manufacturer/supplier.

  4. Unless specifically mentioned, A & H Building Designers Pty Ltd are not responsible for Council and or any government charges. Furthermore, A & H Building Designers Pty Ltd are not accredited to assess and or approve any type of development but rather, A & H Building Designers Pty Ltd can only provide the necessary illustrations and any other required documentation as requested by a Principal Certifying Authority (Council and or Private certifier) and cannot enforce a Principal Certifying Authority to provide consent for the proposed development.

    1. A & H Building Designers Pty Ltd, its director(s) and workers do not possess extensive and or overall understanding of all state government policies and codes, and any council policies and guidelines for any type of development as would an accredited principal certifying authority and or an experienced town planning consultant. A & H Building Designers Pty Ltd can only provide design ideas and suggestions in response to a new enquiry as well as illustrate the Client(s) wishes only to PCA’s review and assessment.

    2. Although the principal certifying authority’s fees (PCA – council and or accredited private certifier) include mandatory onsite inspections, they may request for an accredited civil/structural engineer to undertake a site inspection and accordingly provide them with a certificate of compliance. This onsite inspection by an accredited civil/structural engineer will be at an additional fee and is not included within the building designers fee(s).

  5. A & H Building Designers Pty Ltd are not responsible for any external consultant(s)’ quality of work and or workmanship nominated for the proposed development. All external consultant(s) and services are provided in good faith and are separate to A & H Building Designers Pty Ltd and its services. Should the Client(s) not be happy and or satisfied with an external consultant(s) and or services, the Client(s) are to notify A & H Building Designers Pty Ltd within 3 business days and to make clear their issue(s) and or concerns to A & H Building Designers Pty Ltd. Accordingly, A & H Building Designers Pty Ltd will arrange for the Client(s) and external consultant(s) to discuss the issue(s) thoroughly to resolve the matter accordingly.

    Should the Client(s) wish to utilise an alternative external consultant then the Client(s) are at liberty to do so but at their own expense.

  6. The Client acknowledges that they must make all necessary payments to the Local Council, government departments etc and any other authority that may be requested by the Local Council or the Certifier.

  7. The client is to take into consideration that any external consultants not mentioned within a verbal and or written agreement between the Client(s) and A & H Building Designers Pty Ltd are separate and are non-inclusive within the ‘Building Design Services’ and fees listed above.

  8. All deposit(s) and or progress payment(s) paid to ‘A & H Building Designers Pty Ltd are non-refundable at any time. Should Client(s) feel unsatisfied with A & H Building Designers Pty Ltd performance during any of the above listed design stages, the Client(s) are to inform A & H Building Designers Pty Ltd via email and clearly explain all of their concerns and or requirements. A & H Building Designers Pty Ltd will attend to trying to resolve any issue/matter, to the best of its capabilities, in order to resolve any of its Client(s)’s concerns and or requirements in order to retain the peace. A & H Building Designers Pty Ltd will endeavour to provide the best solution(s) to any of its Client(s)’s requests, concerns and or complaints to the best of its capabilities, however, A & H Building Designers Pty Ltd will make it clear to the Client(s) via email if their requests, concerns and or complaints are reasonable or not.

    1. Should the Client(s) not provide a clear and reasonable reason as to why they wish to terminate the project with A & H Building Designers Pty Ltd within five (5) working days then A & H Building Designers Pty Ltd will terminate the project agreement and will be entitled to the full amount of the entire project agreement. The full amount of the entire project agreement will need to be paid to the nominated business account within five (10) working days.

    2. The termination of the contract by A & H Building Designers Pty Ltd will be a written notice given by way of either email and or post and stipulate the reasons as to why such a termination has been undertaken. A & H Building Designers Pty Ltd will give the Client(s) five (5) business days’ notice to respond via email before terminating the contract and ceasing work. In such an event, A & H Building Designers Pty Ltd will be entitled to the whole of the contract price.

    3. The client(s) will not be entitled to any refunds from A & H Building Designers Pty Ltd should they wish to not politely communicate with the Building Designer and proceed with nominating another designer and or building consultant/specialist to complete with the works. Should this occur then the Building Designer will be entitled to the entire amount of this project agreement.

  9. The client(s) is/are to clearly understand and accept that any deposit payment made either by cash and or via EFT to the provided account of A & H Building Designers Pty Ltd is a confirmation of his/her/their acceptance of A & H Building Designers Pty Ltd even though client(s) do not provide A & H Building Designers Pty Ltd and or to any of its representatives with a signed copy of any provided project agreement document.

  10. A & H Building Designers Pty Ltd reserves the right to either unilaterally terminate the project agreement and or charge the Client(s) an additional hourly fee of $320+gst (with a minimum hourly rate of one hour) if A & H Building Designers Pty Ltd is of the belief that it is suffering unreasonable delays as a result of unreasonable request(s) and or delays made by the Client(s), local council and or nominated accredited private certifier (PCA). Furthermore, A & H Building Designers Pty Ltd reserve the right to unilaterally terminate the project agreement and or charge the Client(s) an additional hourly fee of $320+gst (with a minimum hourly rate of one hour) should it experience unreasonable delays and or expenses which could not have been reasonably anticipated at the time A & H Building Designers Pty Ltd made its offer when this project agreement was signed.

  11. The termination of the contract by A & H Building Designers Pty Ltd due to the fault of the Client(s) also includes instances if and when the Client:

    1. Fails to provide satisfactory evidence of title land or capacity to pay the contract price including any variations to the price

    2. Fails to make progress payment or other amount due under the contract within five (5) working days

    3. Acts in a violent and or threatening manner towards any of A & H Building Designers Pty Ltd Director and or staff members, offices etc. In such a situation, A & H Building Designers Pty Ltd will provide the Client(s) with an email confirming the act and or acts that there made by the Client(s) in writing and further confirming the termination of the contract.

    4. Breakdown of the parties’ working arrangement(s) and or breakdown of this Project Agreement

  12. A & H Building Designers Pty Ltd may terminate the contract and or project services on giving the Client(s) five (5) business days’ prior notice of termination, which may be waived in whole or in part in the sole discretion of A & H Building Designers Pty Ltd. Upon the expiry of the notice period (or that part of the notice period which is not waived), the Client sole liability to A & H Building Designers Pty Ltd shall be to pay to A & H Building Designers Pty Ltd any compensation and monies owed up to the last day on which A & H Building Designers Pty Ltd performs the Services.

  13. The client is to take into consideration that a final builder’s quote cannot be finalised unless all building design and engineering design drawings and specifications are provided. The Client(s) is to also take into consideration that Council and all government fees may vary from time to time.

  14. A & H Building Designers Pty Ltd hold full ownership of all CAD files of all projects and any file sharing between client(s) and or any other consultant will only be in PDF format. A & H Building Designers Pty Ltd only provide their client(s) and any other external consultants nominated and or approved by A & H Building Designers Pty Ltd with building design and or building design related documentation in PDF files. A & H Building Designers Pty Ltd do not provide their client(s) with any design related files in CAD format such as DWG and similar. Should A & H Building Designers Pty Ltd wish to share any design related documentation, the client(s) and or any other consultant(s), the client(s) and or external consultant(s) are to agree to ‘A & H Building Designers Pty Ltd CAD Release Agreement’. In addition, A & H Building Designers Pty Ltd are at liberty to further charge a fee for the release of the CAD file(s).

 

 

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