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Compliant with Indonesian law

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Learn more about Architect Contract in Indonesia

In Indonesia, the architect’s professional involvement must be preceded by an Architect Contract that describes the nature and scope of his responsibilities or interventions, as well as the terms of his compensation. The architect’s role is to be involved in all aspects of the building and development of space. In general, he conducts project management activities. Download our Architect Contract defining the nature and scope of your Architect’s missions or interventions, as well as the parameters of his salary. An architectural project, in general, includes blueprints and written papers referring to the location of the structures, their composition, organization, volume expression, and material and color selection.

📄  Related documents

Construction contractInterior design contractProperty purchase agreementIntent to purchase letter
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Table of contents

  1. What is an Architect Contract in Indonesia?
  2. Why do you need an Architect Contract?
  3. What are the important clauses in an Architect Contract under Indonesian law?
  4. What is the process of payment?
  5. What to do before signing an Architect Contract?
  6. What are the services of an Indonesian architect?
  7. What are the client's responsibilities?

What is an Architect Contract in Indonesia?

An Architect Contract is a legal document that specifies the responsibilities and rights of the parties involved in a construction project. A detailed agreement between a corporation or developer and an architect is required. An architect agreement ensures that all parties are on the same page about what is expected, who will do what, how long the project will take, how much it will cost, and when it will be completed. It is also crucial to ensure that all parties are aware of any deadlines or the process for scope changes before work begins.

Why do you need an Architect Contract?

The Architect Contract is signed by the architect and the client. The architect is involved in the construction, renovation, and adaptation of landscapes, public or private structures, and professional, industrial, or commercial housing. Its labor is sufficient to create a payment obligation. It is extremely advised that you hire an architect. Indeed, the tasks committed to the Architect by a project owner are many and of different geometries, since this one might participate both at the design and implementation stages.

  • Remarks:

The relationship between the parties might become problematic in the absence of a contract that properly defines the architect’s range of involvement and the client’s responsibilities.

What are the important clauses in an Architect Contract under Indonesian law?

You can benefit from wide legal protection with the following terms in Themis Partner’s architect contract:

➤ Project’s details and address: This is critical for legal protection
➤ Conditions: Include the contract's start and termination dates. Typically, the finish date corresponds to the completion of all of the architect's services.
➤ Architect services: We have listed the several primary services provided by the architect. Of course, this section must be customized based on the property and the services that must be provided.
➤ Fees: The contract requires that the total amount of the architect's fees and the various phases of payment be defined.
➤ Date of completion: This clause might include the completion and delivery dates of services.
➤ Estimated Costs: You can insert a language that shields you against additional building expenditures that are not the architect's responsibility.
➤ Expenses and reimbursement: Ensure that your customer reimburses you for any expenditures made in conjunction with the Architect's work under this paragraph.
➤ Confidentiality: This provision protects the architect's work and all of his inventions conveyed to clients.
➤ Contractual termination: It is critical to establish any method of contract termination in the event that one of the parties wishes to end the agreement. This also provides for the avoidance of time-consuming and costly litigation.
➤ Intellectual property rights: The architect will retain ownership of his inventions, blueprints, sketches, and so on.
➤ Force majeure: Shields you against any unanticipated incident that occurs outside of the scope of your contract.

What is the process of payment?

Unless there are special requirements forming part of this Agreement, the Client shall pay the Architect at monthly intervals in amounts commensurate with the service performed, in which case payment shall be in line with those special terms.

If monthly payments are agreed upon, payments will be made to account for the percentage fee payable upon completion of each step. The balance owing in due course shall be paid upon completion of each stage in accordance with the architect’s bill.

What to do before signing an Architect Contract?

The architectural contract preparation process includes the following steps:

1. Proposal Letter: Following the initial meeting, this document describes both parties, the project location, a brief project description, the fundamental sort of services offered, and remuneration.
2. The Letter of Intent: The letter of intent is effectively a written handshake signed by the architect, but there is no need for a formal response from the owner.
3. Agreement letter: An agreement letter is a concise document that specifies the intended services as well as their terms and conditions. It goes into greater detail than the letter of intent. The architect drafts it, and the parties sign it. When compared to a legal contract, this gives minimal security.
4. Contract created by an architect: A contract created by the architect, reviewed by an attorney, and agreed upon by both parties. This is typically reader-friendly, with a speedy turnaround.

What are the services of an Indonesian architect?

1. Consultation, Pre-Design, and Schematic Design

A customer meets with an architect to outline the purpose and fundamental needs for the project, which is known as the program. Other pre-design services that an architect may give include master planning and history research on existing buildings or building sites. General design ideas, or concepts, are presented and refined into schematic design with client feedback, which offers a basic sketch of how the structure will be organized and what it will look like.

2. Design Creation

The initial drawing is turned into a workable set of plans and elevations when the customer selects a scheme. Such drawings provide a basic notion of what the finished structure will incorporate as well as a preliminary estimate of cost. The architects use design development drawings to assist the customer and contractor understand what the project will look like before the final contract agreements are signed.

🔗 If you are only planning renovation or interior design work, you can download the Interior Design Contract instead of the Architect Contract, which is suitable for larger works.

3. Construction Plans

Plans, elevations, and other drawings are revised to create a collection of drawings and specifications for the building’s construction. To guarantee a high-quality finished construction, the architect collaborates with the customer to pick appropriate materials and finishes. Depending on the project’s complexity or as required by law, the architect will work with other design consultants, such as civil, structural, or mechanical engineers.

4. Contract/Bidding Negotiation

Plans, elevations, and other drawings are revised to create a collection of drawings and specifications for the building’s construction. To guarantee a high-quality finished construction, the architect collaborates with the customer to pick appropriate materials and finishes. Depending on the project’s complexity or as required by law, the architect will work with other design consultants, such as civil, structural, or mechanical engineers.

5. Administration of Construction Contracts

During construction, the architect acts as the client’s representative to ensure that the contractor and subcontractor are adhering to the plans and requirements. Unsupervised contractors are known to disregard blueprints or take shortcuts in order to enhance their revenues.

🔗 In order to define the broad outlines of the construction that will be carried out by a builder, you can also download the Construction Contract which describes, in detail, the parameters of a construction project in Indonesia.

What are the client's responsibilities?

In conjunction with the project and the Architect’s engagement, the Client must meet the following requirements:

➤ Specify the project requirements
➤ To provide papers proving property lease/ownership
➤ Create a site plan to a reasonable size, indicating borders, contours at acceptable intervals, existing physical features such as any existing roads, and such lines to which the proposed service can be linked. If such information is not readily available, the Client should organize for and pay for a vital information survey/collection
➤ To supply the architect with reports on soil conditions and testing, or to pay for their production
➤ To provide specific conditions/statutory requirements/codes of practice/rate schedules, etc., that must be followed
➤ To pay all legal costs, taxes, security deposits, and expenditures
➤ To follow the professional advice of the Architect and make no changes to the drawings or paperwork without the Architect's consent
➤ Paying the architect's invoices within one month of receiving them

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