{"id":25123,"date":"2021-10-14T08:27:06","date_gmt":"2021-10-14T08:27:06","guid":{"rendered":"https:\/\/stage.oar.archi\/?page_id=25123"},"modified":"2022-10-05T09:25:40","modified_gmt":"2022-10-05T09:25:40","slug":"architecture-contracts","status":"publish","type":"page","link":"https:\/\/oar.archi\/en\/sic\/architecture-contracts\/","title":{"rendered":"Architecture contracts"},"content":{"rendered":"\n
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Presently, OAR provides 3 types of standard contracts that can be used in any situation, as the case may be:<\/p>\n\n\n\n

Contract of architectural design and urban planning services<\/strong><\/strong><\/h3>\n\n\n\n

The standard contract provided for architects is the result of developing and updating the contracts recommended by the publication Exercitarea profesiei de arhitect \/ Practicing architecture (second edition<\/strong>, Simetria, 2006) issued by the OAR working group \u201cPracticing architecture. The Architect\u2019s fees<\/strong>\u201d[1]<\/a>.<\/p>\n\n\n\n

The standard contracts were drafted and validated back then (2006) by Doina Butic\u0103 \u2013 architect, C\u0103t\u0103lina Bocan \u2013 architect, Silvia M\u0103ld\u0103rescu \u2013 architect, Alexandru Panaitescu \u2013 architect, professor Vlad Gaivoronschi, PhD \u2013 architect, OAR vice-president and coordinator of the working group, and Serghei Perju \u2013 lawyer. The current form was drafted by Alexandru G\u0103vozdea \u2013 architect, amended by the OAR legal department and validated by the OAR Board of Directors.<\/p>\n\n\n\n

The evolution of the professional practice, of the types of contractual relations, and the changes in the legal framework and in the mechanisms for settling disputes made necessary the modernization of provisions and clauses. This standard contract draws on the Architect\u2019s Tasks<\/em>, adopted by Decision no. 860 of the National Council of May, 28th<\/sup>,2012, as fundamental part of the Design Cost Information System.<\/p>\n\n\n\n

In order to develop this standard contract, examples of contracts from other European professional organizations were critically analyzed, and principles were taken over from the Polish, the German, and the British models, being adjusted in the view of direct and diverse experience with Romanian and foreign clients\/beneficiaries, with natural persons and companies, the latter ranging from SMEs to multinational groups.<\/p>\n\n\n\n

The fundamental principles<\/strong> underlying the standard contract are:<\/p>\n\n\n\n

  1. the object of the contract: defining the architect\u2019s tasks (and, by analogy, those of the related professions) required to obtain the final product, the building, at an appropriate quality standard;<\/li>
  2. the nature of service contracts as contracts for service provision, i.e. a service provided ‘at the expense and risk of the provider’ until delivery, whether interim or final;<\/li>
  3. the need for a fair balance between the rights and obligations of the two parties, any imbalance to the benefit of one of the parties generating the premises of a faulty cooperation;<\/li>
  4. the object of the contract: defining the architect\u2019s tasks (and, by analogy, those of the related professions) required to obtain the final product, the building, at an appropriate quality standard;<\/li>
  5. general wording for a variety of situations of the main body of the contract and referring the most variable elements, – e.g. definition of the fee and its payment schedule to a large extent – to the contractual annexes.<\/li>
  6. the need for a fair balance between the rights and obligations of the two parties, any imbalance to the benefit of one of the parties generating the premises of a faulty cooperation.<\/li><\/ol>\n\n\n\n

    The organization of the document<\/strong> in chapters that include all clauses on a certain topic (always respecting the principle of balance between parties) and that follow orderly<\/strong> in the customary logic of contractual negotiation facilitates the use of the standard contract<\/strong>.<\/p>\n\n\n\n

    The first three chapters deal with fundamental elements of a commercial contract \u2013 the contracting parties, the object and the value of the contract:<\/p>\n\n\n\n