CONDITIONS OF ENGAGEMENT
1. In consideration of the project manager providing the services set out hereinafter the client shall pay the project managers fees and reimbursable expenses as set out hereinafter. All monies payable by the client to the project manager shall be paid within 14 days of invoice.
2. The project manager shall exercise a duty of care and skill in coordinating all project tasks. It is noted that the project manager is not a qualified designer, builder or certifier. These consultants will be engaged to provide their professional services and be covered by their individual professional indemnity insurance. All final discussions made by the addresses owners and will be the responsibility of the owners and or the certified consultants dealing with the matter.
3. Where secondary consultants are engaged by the client the project manager shall only be responsible for the coordination and integration of their services. The project manager shall be entitled to engage sub-consultants and shall be responsible to the client for their services.
4. The client authorises the project manager to act as the client’s agent in regard to the project as set out or implied in this agreement and in the particular building contract adopted for the project.
5. Next Level Sydney reserve the right to withdraw services and terminate this fee agreement if: fees are not paid promptly or in full, professional advice is disregarded, the project manager is not given adequate authority over project decisions or the scope of work is significantly amended.
6. The client shall provide the project manager with a brief and all information for all works.
7. Copyright in all documents prepared by the project manager for the client and in any works executed shall remain the property of the project manager.
8. The client is given permission to use the documents and drawings to produce the project for which they were intended as long as the fees due to the project manager in accordance with this agreement have been paid. If the client is in breach of any obligation to make a payment to the project manager, the project manager may revoke the permission, provided that the project manager has first given at least 14 days’ notice of the intention to do so and payment remedying the breach has not been made in the meantime.
9. Neither party may assign, transfer or sublet any obligation under this agreement without the written consent of the other.
10. In the event that any dispute or difference of any nature whatsoever arising between the project manager and the client, they shall confer at least once to attempt to resolve such dispute or difference and if it cannot be resolved within 30 days of one party first sending to the other written notice by certified mail of such dispute or difference, the parties’ dispute or difference shall be and is hereby submitted to arbitration in accordance with and subject to the Institute of Arbitrators Australia rules for the Conduct of commercial Arbitrations.