1. Introduction

These Terms and Conditions apply to all architectural services provided by LVA Architects Pty Ltd (“LVA Architects”, “we”, “us”).

By accepting a quotation, fee proposal, or engaging LVA Architects to provide services, the client agrees to be bound by these Terms and Conditions.

These terms apply to all services including, but not limited to:

  • Feasibility studies
  • Concept design
  • Design development
  • Development Application (DA)
  • Complying Development Certificate (CDC)
  • Construction Certificate (CC)
  • Architectural documentation
  • Design Practitioner declarations
  • Construction advisory services

2. Scope of Services

The scope of architectural services for each project will be defined in the relevant fee proposal or quotation.

Typical architectural stages may include:

  • Stage A0 – Feasibility / Planning Review
  • Stage A1 – Concept Design
  • Stage A2 – Design Development
    • Application pathway 1: DA+CC
  • Stage A3 – Development Application (DA)
  • Stage A4 – Construction Certificate (CC)
    • Application pathway 2: CDC
  • Stage A5 – Complying Development Certificate Doc.(CDC)
  • Stage A6 – Construction Documentation / IFC
  • Stage A7– Contract Administration (if engaged)

The architect will perform services in accordance with reasonable professional skill and care consistent with industry standards.

3. Client Responsibilities

The Client shall:

  • Provide accurate site information and project brief
  • Provide survey drawings where required
  • Engage and pay consultants directly unless otherwise agreed
  • Review and approve design documents at each stage
  • Provide timely feedback and instructions

The Client is responsible for appointing consultants including but not limited to:

  • Surveyors
  • Structural engineers
  • Civil engineers
  • Hydraulic engineers
  • Fire engineers
  • BCA consultants
  • Access consultants
  • Landscape designers
  • Certifiers
  • Town planners

Consultants remain independent professionals responsible for their own work.

4. Fees and Payment

All professional fees are exclusive of GST unless stated otherwise.

Invoices may be issued:

  • prior to commencement of each stage, or
  • progressively during the project depending on scope.

Payment terms are 7 days from the invoice date unless otherwise stated.

LVA Architects reserves the right to:

  • suspend work for unpaid invoices
  • withhold drawings or documentation
  • charge interest on overdue accounts

until payment is received.

5. Variations

Additional fees may apply where:

  • the client changes the brief
  • design revisions are requested after approval
  • authorities require additional documentation
  • council or certifier issues requests beyond normal scope
  • additional consultant coordination is required
  • redesign is required due to budget changes, latent conditions, existing condition discrepancies
  • builder-led changes after CC issue

Variations will be charged at agreed hourly rates or under a separate fee proposal.

6. Exclusions

Unless specifically included in the proposal, the following are excluded:

  • Consultant fees
  • Council application fees
  • Authority charges and statutory contributions
  • Subdivision documentation
  • Construction contract administration
  • Marketing renders and presentation material
  • Quantity surveying or cost planning
  • Printing, courier and disbursements
  • Tribunal or legal proceedings

External consultant costs are indicative only and must be contracted directly by the client.

7. Construction Cost Estimates

LVA Architects does not provide certified construction cost estimates.

Construction costs may vary due to:

  • market conditions
  • builder pricing
  • regulatory changes
  • material supply
  • contractor methodology

Clients are encouraged to engage a Quantity Surveyor for independent cost advice.

8. Design and Building Practitioners Act (NSW)

Where applicable to Class 2 or Class 3 buildings, the project will be subject to the NSW Design and Building Practitioners Act.

Architectural obligations may include:

  • preparation of regulated designs
  • coordination with consultant design certificates
  • design compliance declarations
  • variation declarations where design changes occur

These declarations may incur additional fees as specified in the project proposal.

9. Intellectual Property

All drawings, documents, and design materials prepared by LVA Architects remain the intellectual property of LVA Architects.

The client receives a licence to use the documentation only for the specific project and site.

Documents must not be:

  • reused
  • modified
  • issued to third parties

without written consent.

10. Authority Approvals

LVA Architects will assist in preparing documentation for submission to relevant authorities including councils and certifiers.

However:

  • approval outcomes are determined by the authority
  • approval timeframes are outside the architect’s control
  • additional information requests may require additional fees

11. Site Visits

Unless specifically included in the scope, site visits are charged separately.

Typical rates may include:

  • site inspection (local): fixed fee
  • regional projects: hourly travel rate plus expenses

12. Limitation of Liability

LVA Architects shall not be liable for:

  • construction defects
  • builder errors
  • contractor delays
  • misuse of documentation by third parties
  • consultant errors
  • consequential financial losses

13. Time Limitation

Any claim against LVA Architects must be made within one year of completion of the services.

14. Suspension or Termination

LVA Architects may suspend services where:

  • invoices remain unpaid
  • instructions are withheld
  • the client fails to fulfil obligations

Either party may terminate the engagement with written notice.

Fees for services performed up to termination remain payable.

15. Additional Services

Additional services may include:

  • interior design
  • landscape design
  • presentation / marketing materials
  • additional authority negotiations
  • construction stage advisory services
  • contractor RFI responses

These services will be quoted separately.

16. Remote Project Delivery

LVA Architects regularly delivers projects across NSW using digital collaboration and remote consultant coordination.

Travel and accommodation costs may apply for regional projects.

17. Acceptance

Acceptance of any quotation or engagement of LVA Architects constitutes acceptance of these Terms and Conditions.

Refer to detailed architectural process stages of service:

https://www.lvaarchitects.com.au/architectural-process-stages-of-service/

18. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia.