When you start designing your dream house, sometimes it’s difficult to transfer ideas and concepts that you already have into design and drawings and other technical documents.
Well, if you find the same situation this is the right time for you to seek help from the experts. For your information, today many young architects in Indonesia who have many achievements who can help you realize your dream of having a comfortable house.
If you decide to cooperate with an Architect in designing your house, there are a few things you should know about. You need to know at least three things: knowledge about the contract, your rights and obligations (as a client), as well as the rights and obligations of the Architects (as a service provider).
The following sections will discuss these three issues briefly.
Contracts in this context refers to the agreement established by the Architects and the client as the beneficiaries of the results of certain Architectural Practices.
Usually this contract drafted by the Architect and his team, while you as the client will be given the opportunity to check and request revision if there is any unacceptable matter.
Architectural work contract in this regard is generally similar to other kind of contracts, but the context is more directed to architectural design / planning work.
Some of the things that would normally be included in this agreement includes: the title of the agreement along with the number, the parties signing the agreement, the basis of the agreement, (job) scope, the duration of the work, the obligations and responsibilities of the first and second parties, the results of the work, design costs, payment execution, additional work, sanctions and penalties, termination of work, force majeure, dispute settlement, closing, and signature of the parties.
You can find many examples of these employment agreements on the internet.
If you want to study it in more detail you can read books related to construction related work contracts.
Rights and Obligations of an Architect (as a service provider)
With the enactment of Law No. 6 of 2017 on Architects, the formulation of rights and obligations of Architects in practicing the profession is very clear.
This is stated in the Law of Architects, especially articles 21 and 22. The right of an Architect are:
- Obtain legal guarantees during the implementation of the Architect Practices in accordance with the professional code of conduct of the Architects and the performance standards of the Architects in Indonesia;
- Obtain complete and correct information, data, and other documents from the Service User of the Architect in accordance with the requirements and the provisions of the laws and regulations;
- Registering intellectual property rights on his work;
- Receives compensation for employment in accordance with the employment agreement; and
- Gain coaching and opportunities in improving the professional competence of Architects.
Meanwhile, the obligation of an Architect is:
Implementing Architects Practices in accordance with expertise, architect’s professional code of ethics, qualifications possessed, and performance standards of Architects;
- Completed the work in accordance with the employment agreement with the Service User of the Architect;
- Carrying out his profession regardless of ethnicity, religion, race, gender, class, social, political and cultural background;
- Uphold the value of Indonesian culture;
- Upgrading science and technology through Sustainable Culture Development;
- Prioritize safety and health rules and environmental sustainability;
- Seeking innovation and added value in Architects Practice;
- Prioritize the use of domestic resources and products;
- Providing Architects Practice services related to social interests free of charge;
- Recording the work of the architect in accordance with the architect’s performance standards;
- Implement policy in accordance with the provisions of legislation; and
- Following the architect’s performance standards and complying with all professional provisions set by the Professional Organization.
Your Rights and Obligations (as a client)
In addition to regulating the rights and obligations of Architects, the Law on Architects also regulates the rights and obligations of Architects Service Users.
Well, if you decide to cooperate with Architects, you need to pay close attention to your rights and obligations as the Service Users of Architects.
The right of the client namely:
- Obtain Architects Practice services in accordance with the employment agreement;
- Obtain complete and correct information on the services and results of Architects Practice;
- Obtain legal protection for the services and results of Architects Practice;
- Convey opinions and get responses to the implementation of Architects Practice;
- Rejecting Architects Practices that are not in accordance with the employment agreement; and
- Conduct legal remedies for breach of employment agreement in accordance with the provisions of legislation.
While the obligation of the Service User of Architect based on the Law of Architect namely:
- Provide complete and correct information, data and documents on the work to be performed;
- Following the instructions of the Architect in accordance with the employment agreement;
- Provide service rewards in accordance with the employment agreement based on sta