A Guide to Ensuring Clarity, Transparency and Mutual Understanding in Our Architectural Service Engagements
At giantA Pty Ltd, we place the highest priority on establishing clear and transparent relationships with our clients from the outset of every project. A central component of this approach is our Offer of Services Agreement, which sets out, in precise language, the roles, responsibilities, and expectations of both parties throughout the project’s lifecycle.
However, we recognise that certain contractual phrases—though standard in the architectural industry—can at times give rise to confusion or differing interpretations. This article is designed to clarify several key phrases and obligations in our agreement, particularly within Section C – Planning/Development Application, as well as relevant clauses referenced in the attached Terms & Conditions. By outlining the intention and practical implications of each term, we aim to assist current and prospective clients in understanding exactly what services are included and how they are delivered.
"Confirm Statutory Authority Requirements"
Meaning:
This clause refers to our responsibility to identify and clarify the specific documentation, plans, and other submission materials that are mandated by statutory authorities (e.g., local councils, private certifiers, State Environmental Planning Policies) for your development to proceed.
What This Covers:
- Review of planning controls (e.g., LEPs, DCPs, SEPPs)
- Determination of CDC vs DA pathway eligibility
- Listing required reports (e.g., bushfire assessment, shadow diagrams, hydraulic plans)
What This Does Not Cover:
It does not imply that we independently produce specialist consultant reports unless they are explicitly scoped and agreed upon in a separate section or appendix to the agreement.
"Attend Pre-Application Meetings with Relevant Authorities"
Meaning:
Upon client instruction, we can attend meetings (in person or virtually) with local councils, certifiers, or other regulatory bodies to clarify submission requirements and obtain early-stage feedback on design compliance.
Why It Matters:
Such meetings can expedite the approval process by pre-emptively identifying issues. We act as your representative in these meetings to ensure the architectural design is interpreted in alignment with regulatory expectations.
Limitations:
Attendance is subject to client instruction and mutual scheduling. This clause does not imply mandatory attendance at every stage, nor does it extend to post-lodgement representation unless agreed.
"Prepare Information Drawing Sheets Including Site Plans, Floor Plans, Roof Plans, Elevation Plans, Sections Plans, and 3Ds"
Meaning:
This clause identifies the architectural deliverables prepared by giantA Pty Ltd as part of your submission package. These plans form the visual and technical basis of the proposed development.
What You Will Receive:
- Indicates the necessary dimensional parameters relevant to the appropriate design stage.
- PDF plans suitable for council submission
- 3D visualisation renders (where applicable and agreed)
- Elevations, sections, and schedules outlining materials and dimensions
Additional Notes:
The preparation of documentation for other disciplines (e.g., structural, hydraulic, acoustic) is not included unless specified under "Specialist Consulting Coordination."
"Prepare the Application, Including Mandatory Plans, Diagrams, Analyses, Studies, Reports and Other Information"
Meaning:
This phrase may appear to encompass every element of a submission, but in practice, our responsibility lies in assembling the architectural package and assisting with the inclusion of required third-party reports.
What This Includes:
- Architectural design and documentation
- Coordinating with consultants (e.g., engineers, surveyors)
- Assembling the final application pack for lodgement
What This Does Not Mean:
We do not independently draft specialist reports (e.g., stormwater engineering, BASIX, bushfire analysis) unless separately scoped and quoted. We coordinate, not author, those components unless explicitly engaged.
"Coordinate Required Specialist Consultants on Behalf of the Client"
Meaning:
Where third-party consultants are needed (e.g., hydraulic engineers, landscape designers, access consultants), we assist by identifying, liaising with, and integrating their documentation into the final submission.
Client Responsibility:
The client is responsible for consultant fees unless included as part of an agreed package. We ensure their output aligns with the overall architectural submission, but we do not financially cover their services.
Added Value:
Our coordination ensures that all documents are integrated smoothly, reducing risks of delay or mismatch between disciplines.
"Assist the Client with Lodging a Formal Application"
Meaning:
We do not simply hand over drawings—we actively assist with submitting your Development Application (DA) or Complying Development Certificate (CDC) by guiding you through lodgement steps and responding to council or certifier queries.
Forms of Assistance:
- Uploading documents to council portals (e.g., NSW Planning Portal)
- Filling out forms in consultation with clients
- Tracking the submission and informing the client of updates or required actions
Limitations:
We cannot act as a legal signatory or developer unless authorised under power of attorney or equivalent.
7. "Coordinate Preparation of an Updated Forecast of the Cost of Works"
Meaning:
We can assist in preparing or updating a cost estimate of your project’s total construction value, which is often required for council fees or Long Service Levy calculations.
How We Do This:
- Prepare a basic cost summary based on architectural drawings
- Or coordinate with a quantity surveyor for a detailed breakdown
Misconceptions:
This does not imply that we produce a full QS report or cost plan unless this is part of a separately quoted scope.
8. Clarifying File Deliverables: Native CAD (.DWG) Files
Client Concern:
Clients often request access to editable CAD files (.dwg format). It is important to note that:
Policy:
As outlined in Clause D7.5 of our Terms & Conditions, editable native files are considered intellectual property and are not released as standard deliverables. A release is possible upon payment of an agreed additional fee, subject to our copyright licensing terms.
Reason:
Editable files allow for derivative works, which may affect professional liability and design control. Our policies are consistent with industry standards.
9. Summary and Best Practice Recommendations
To avoid misunderstandings and maintain a positive, productive working relationship, we recommend that clients:
- Read all clauses of the Offer of Services Agreement carefully before signing
- Ask questions about any phrases that are unclear or seem ambiguous
- Clarify expectations on deliverables, timeframes, and third-party costs in writing
- Refer to the Terms & Conditions (linked at the bottom of your quotation) for policy details, including digital file handling and dispute resolution mechanisms
Final Thoughts
At giantA Pty Ltd, our mission is not only to provide outstanding architectural services but also to ensure that our clients feel empowered, informed, and confident throughout the process. We welcome open communication, and we are committed to adjusting our approach to suit each project’s needs and budget.
Should you wish to discuss any of the above clauses in relation to your project or require a tailored proposal, please do not hesitate to contact our team.
For further information, or to request a consultation, please visit www.giantA.com.au or email us at info@gianta.com.au.