Recommended Tariff of Professional Fees
Definitions & Interpretations
Where the words and phrases are highlighted in the text of this agreement they shall bear the meaning assigned to them and where such words and phrases are not highlighted they shall bear the meaning consistent with the context .
- architectural professional
- means a person registered in terms of the Architectural Professional ' Act No 44 of 2000 or the architectural professionals practice constituted as a legal persona appointed to provide the architectural professionaI‘s service for the project;
- budget
- means the anticipated cost of the project and/or works; provided that estimates on which the budget is based. shall be deemed to be valid for a period not exceeding 3 months;
- building contract
- means the JBCC ‘PrincipaI Building Agreement' (PBA) or such other building agreement entered into between the client and the contractor;
- client
- means the party appointing the architectural professional to perform the services or any part thereof referred to in this document and referred to as the 'employer' in the JBCC PBA;
- contract
- means an agreement entered into by the client with a contractor for the execution of the works or part thereof;
- contractor
- means the entity or entities contracting with the client for the execution of the works or part thereof;
- consultant
- means professional persons or entities appointed by the client to provide services with respect to the project;
- construction documentation
- means graphic representations, plans, sections, elevations, site plans, specifications, construction details, service co-ordination information, schedules and such other details and descriptions as are within the reasonable competence of an architect which are sufficient to indicate the scope of the works;
- inspection
- means such periodic visits to, or in connection with the works by the architectural professional as are necessary to establish conformity of the work to the contract documentation, and to provide on-site clarification and further information during the progress of the work;
- practical completion
- means the stage of completion where the works or a section thereof, as certified by the principal agent, is substantially complete and can effectively be used for the purpose intended;
- principal agent
- means the person appointed to fulfil the obligations of the JBCC Principal Building Agreement ( as currently provided for in clause 5 ofthe JBCC PBA ), or fulfil the similar obligations provided for in other forms of contract;
- principal consultant
- means the person authorised by the client to lead the consultants;
- project
- means the development for which the architectural profession and consultants are appointed and may not be limited to the works;
- SACAP
- means the South African Council for the Architectural Profession, the Statutory Council governing the Architectural Profession;
- works
- means all work executed or intended to be executed according to the building contract.
Interpretations
Any legislation referred to in this recommended fee scale shall be that which was applicable on the date of compilation of this document.
In this document, unless inconsistent with the context:
The word "deemed" shall be conclusive that something is fact, regardless of the objective truth.
The words "advise", "appoint", "approve", "authorise", "certify", "consent", "decide", "delegate", "designate", "instruct", "issue", "notify", "object", "reply", "request", and "specify" shall indicate an act required to be carried out in writing.
The headings of clauses are for reference purposes only and shall not be taken into account in construing the context thereof.
All monetary amounts exclude tax, which tax shall be added to any amounts which become due and payable.