Commissions and Briefs
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Which of the following represents the MOST nuanced understanding of the role of novation in design and construct projects, considering the interplay between continuity, team composition, and project outcomes?

  • The inclusion of novation guarantees superior project outcomes by preserving the initially established design intent and fostering a seamless transition of responsibilities.
  • While novation offers a mechanism for maintaining project momentum, its presence or absence is ultimately less critical than a clear understanding of client expectations and project goals. (correct)
  • Novation is a mandatory component of all design and construct projects to ensure legal continuity and consistent risk allocation between parties.
  • Projects incorporating novation are inherently more complex and require specialized contractual frameworks due to the shifted liabilities and responsibilities.

An architect's primary focus when initially responding to a client's invitation should be on showcasing their design portfolio and visionary concepts, as this is the most effective way to capture the client's interest and demonstrate creative prowess.

False (B)

Beyond simply stating fees, what critical element related to remuneration should an architect proactively address during initial discussions with a prospective client to establish a transparent and professional relationship from the outset?

Payment schedule or payment terms

In the context of client selection, the principle of '______' suggests that an architect should dedicate at least as much effort to evaluating a potential client as the client invests in assessing the architect’s suitability.

<p>mutual due diligence</p> Signup and view all the answers

Match each item from a client invitation with its corresponding critical response element:

<p>Formal Invitation = Acknowledge receipt and express gratitude. Project Overview = Articulate relevant experience and qualifications to address stated needs. Budgetary Indications = Communicate expectations regarding remuneration and payment structure. Project Scope = Clearly define inclusions and exclusions to delineate service boundaries.</p> Signup and view all the answers

Considering the long-term implications for an architectural practice, which factor should MOST heavily influence an architect's decision to accept or decline a potential project?

<p>The client's overall financial solvency and demonstrated history of timely payments to service providers. (A)</p> Signup and view all the answers

During the initial client meeting, design considerations should be given precedence over discussions regarding project scope, budget, and contractual agreements to immediately showcase the architect's creative vision and secure the client's confidence.

<p>False (B)</p> Signup and view all the answers

What is a subtle but critical distinction between 'construction budget' and 'overall project budget' that an architect must clarify with a client during the preliminary meeting to prevent future misunderstandings and financial discrepancies?

<p>Construction budget is the hard costs; the overall project budget includes soft costs, such as design fees, permits, and other expenses.</p> Signup and view all the answers

Within the Australian architectural context, what precise legal and ethical ramifications might arise if an architect, operating under a full-service agreement, delegates their superintendency duties to an unqualified third party without explicit client consent, and how might professional indemnity insurance be affected?

<p>The architect may face disciplinary action from the BOAQ and RAIA, potential litigation for breach of contract and negligence, and significant limitations or complete invalidation of their professional indemnity insurance coverage pertaining to the delegated duties. (B)</p> Signup and view all the answers

The agenda of the first formal meeting stresses the importance of the architect and the client's '______', as this ensures that the architect fully understands the client's needs.

<p>project scope and vision</p> Signup and view all the answers

An architect's proficiency in technically resolving intricate construction details on complex institutional projects invariably negates the necessity for specialized knowledge in contract administration and legal compliance matters.

<p>False (B)</p> Signup and view all the answers

How does the efficient usage of inclusions and exclusions enable a project to run more smoothly?

<p>Setting realistic scope expectations (A)</p> Signup and view all the answers

Explain with reference to professional guidelines why it is critical for an architect to maintain meticulous records of all communications, decisions, and revisions throughout the project lifecycle, and detail 3 specific types of records that must be retained.

<p>Maintaining comprehensive records is crucial for accountability, dispute resolution, and adherence to regulatory requirements, particularly concerning professional conduct. Examples include: meeting minutes, change orders, and site inspection reports.</p> Signup and view all the answers

In the context of architectural practice, the ______ serves as a foundational document that articulates the client’s needs, objectives, and expectations for a project, thereby guiding the design and execution phases.

<p>brief</p> Signup and view all the answers

Match the following facets of architectural business development with their corresponding strategic objectives:

<p>Networking Events = Cultivating relationships with potential clients and industry partners to generate leads and enhance firm visibility. Portfolio Development = Showcasing completed projects to demonstrate expertise, attract new clients, and compete effectively in the market. Responding to Requests = Assessing project feasibility, resource allocation, and alignment with firm capabilities to ensure effective project execution. Client Briefing = Understanding client needs, establishing project scope, and defining objectives to guide the design process and ensure client satisfaction.</p> Signup and view all the answers

Regarding the establishment of client-architect agreements, what constitutes a critical element to mitigate future disputes, ensuring precise delineation and mutual understanding of project milestones and associated deliverables?

<p>Integrated schedule of services outlining activities, milestones, deliverables, and associated acceptance criteria. (D)</p> Signup and view all the answers

In the context of securing architectural commissions, what paramount ethical consideration must a registered architect prioritize to avert potential conflicts of interest?

<p>Disclosing all familial or financial connections to contractors bidding on the project, irrespective of their potential influence on the architect’s impartiality. (C)</p> Signup and view all the answers

In the context of architectural project procurement, what fundamental consideration should guide the assessment and selection of a procurement process to ensure holistic project success?

<p>The alignment of the procurement strategy with all project phases, including design, documentation, and delivery, while pragmatically advising the client on necessary consultant service scope adjustments. (C)</p> Signup and view all the answers

The rigorous analysis and evaluation of client project objectives, which employs strictly quantitative methodologies, invariably obviates the necessity for any qualitative considerations during project feasibility assessments.

<p>False (B)</p> Signup and view all the answers

Elaborate on the critical factors that an architect must meticulously evaluate to determine if a proposed project budget and timeframe are realistically aligned with the project's inherent requirements, prevailing legislation, relevant statutory planning mandates, and applicable building codes and standards.

<p>Comprehensive evaluation involves assessing the budget and timeframe against project requirements, objectives, relevant legislation, statutory planning requirements, and building codes and standards.</p> Signup and view all the answers

A meticulously prepared ______ serves as a formal response to a client's initial brief, explicitly detailing any deviations or areas of non-compliance for approval by the client and relevant stakeholders.

<p>return brief</p> Signup and view all the answers

A client insists on deviating significantly from the original, meticulously crafted design brief after the project has commenced. This necessitates a complete re-evaluation of structural calculations and material specifications. Which of the subsequent actions represents the most strategically astute approach for the architect, balancing client satisfaction and professional integrity?

<p>Initiate a formal change management process, meticulously documenting the alterations, associated cost implications, potential timeline extensions, and impacts on the original design intent, submitting this comprehensive analysis to the client for explicit approval before proceeding. (B)</p> Signup and view all the answers

In the context of architectural project agreements, the inclusion of a 'Job Continuity' clause invariably mandates that the original architect must remain the sole project lead from conceptualization to completion, regardless of unforeseen circumstances such as prolonged illness or relocation, thereby precluding any form of delegation or interim replacement.

<p>False (B)</p> Signup and view all the answers

Match the following procurement methods with their MOST likely impact on the project's construction phase:

<p>Design-Bid-Build = Emphasises competitive bidding, potentially driving down initial costs but may introduce adversarial relationships impacting quality control. Construction Management at Risk (CMAR) = Allows for early contractor involvement, facilitating collaborative risk management and potentially enhancing cost and schedule certainty. Integrated Project Delivery (IPD) = Fosters deep collaboration and shared risk/reward among all stakeholders, potentially optimizing life cycle costs and quality. Design-Build = Consolidates design and construction responsibilities under a single entity, streamlining communication and potentially reducing project duration but impacting independent checks.</p> Signup and view all the answers

Within the architectural profession, how does 'novation' fundamentally alter contractual obligations and responsibilities subsequent to the initial project phases?

<p>Novation transfers the rights and obligations of one party in an existing contract to another party, effectively substituting them in the agreement with consent from all involved, thus impacting liability. (C)</p> Signup and view all the answers

Consider a scenario in which a client displays overt reluctance to formalize a comprehensive agreement for architectural services, opting instead for a series of discrete, verbally agreed-upon tasks. Formulate a succinct yet persuasive argument elucidating the paramount importance of a written contract in mitigating potential disputes and safeguarding the architect's professional interests.

<p>A written contract provides a clear record of scope, fees, and responsibilities, mitigating misunderstandings and offering legal recourse in disputes, thus protecting the architect's rights and ensuring fair compensation.</p> Signup and view all the answers

In the pre-contractual phase of an architectural commission, the implementation of a ______ agreement for a limited scope of work can serve as a strategic mechanism for fostering client trust and demonstrating professional competence.

<p>set-fee</p> Signup and view all the answers

What constitutes the MOST critical function of a project brief from the ARCHITECT'S perspective at the commencement of a new commission?

<p>Establishing a definitive foundation of client requirements and project goals that guides design and decision-making processes. (A)</p> Signup and view all the answers

Match the following architectural project phases with the MOST relevant associated activity:

<p>Early Project Phase (Pre-Agreement) = Addressing any potential mechanical issues and appointment booking Briefing Essentials = Detailing the client's expectation Service During Construction = Ensuring project continuity and managing documentation updates. Builder Negotiation = Agreeing for pricing package.</p> Signup and view all the answers

In architectural practice, providing 'free design services' as a marketing strategy is devoid of inherent risks, provided that the architect secures preliminary intellectual property rights over the unfunded design concepts.

<p>False (B)</p> Signup and view all the answers

Critically evaluate the ethical and practical implications of an architect's engagement in an architectural competition, particularly concerning resource allocation, intellectual property, and the contingency of project commission.

<p>Participation in architectural competitions involves resource allocation, IP considerations, and uncertain project commission, all presenting ethical and practical challenges.</p> Signup and view all the answers

An architect is asked to provide concept designs without a guaranteed engagement or compensation. Considering the strategic implications, what is the MOST critical risk the architect should be aware of beyond the immediate financial loss?

<p>The erosion of the perceived value of architectural design as a strategic asset. (A)</p> Signup and view all the answers

In a true novation agreement, the architect's original contract with the initial client is terminated and a completely new contract is established with the second client, thereby eliminating any residual liability from the initial agreement.

<p>False (B)</p> Signup and view all the answers

Within the context of architectural services, define 'scope creep' and explain why it is detrimental to an architectural practice, beyond the obvious issue of uncompensated labor.

<p>Scope creep refers to the expansion of project requirements beyond the originally agreed-upon scope, leading to increased workload, potential delays, strained resources, and reduced profitability, while also potentially increasing liability exposure.</p> Signup and view all the answers

When participating in design competitions, architects should prioritize competitions conducted under the guidelines of the ______ to ensure fair practice and protect their rights.

<p>Australian Institute of Architects</p> Signup and view all the answers

Match the following scenarios with the MOST appropriate architectural considerations:

<p>An architect is approached to provide designs for a project but the client is also seeking designs from other firms simultaneously. = Assess whether the project is essentially a design competition and ensure appropriate guidelines are followed, including compensation for participation where possible. An architect is asked to join a project mid-stream where a project manager and design and construct procurement method are already in place. = Thoroughly understand the scope of services being requested, particularly how it affects the usual range of responsibilities, and identify potential overlaps or gaps in service provision. An architect's contract is transferred from the original client to the construction contractor in a design and construct project. = Ensure a proper novation agreement is in place to transfer contractual obligations and liabilities effectively. An architect finds that the client is continually adding new requirements to the project without adjusting the fee. = Recognize and address scope creep, documenting all additional services and negotiating adjustments to the fee accordingly.</p> Signup and view all the answers

In the context of novation within a design and construct agreement, what is the MOST significant implication for the architect's professional liability?

<p>The architect retains liability for design aspects completed under their original contract, even after novation. (D)</p> Signup and view all the answers

Accepting responsibility for aspects of a project outside the architect’s direct control is generally an acceptable risk, as it demonstrates flexibility and commitment to the client.

<p>False (B)</p> Signup and view all the answers

Explain the ethical dilemma an architect faces when considering participation in a design competition that offers significant exposure but lacks clear guidelines and fair compensation, detailing potential impacts on both the individual architect and the profession as a whole.

<p>Participating in under-regulated design competitions exploits architects' creativity, reduces the perceived value of architectural services, and can foster a race-to-the-bottom mentality, undermining professional standards and fair compensation for all practitioners involved.</p> Signup and view all the answers

The MOST valuable asset that architects offer is ______ design, and undervaluing this aspect jeopardizes the financial health of the practice.

<p>strategic</p> Signup and view all the answers

An architect is asked to provide partial services on a complex project involving multiple stakeholders and a fast-track construction schedule. What is the MOST critical action they should take to mitigate potential risks associated with divided responsibilities?

<p>Clearly delineate and document the scope of their services and responsibilities, ensuring comprehensive coordination protocols with all parties. (D)</p> Signup and view all the answers

Flashcards

Architectural Marketing

The process by which architects promote their services to attract potential clients and projects.

Invitation to Tender/Quote

A formal request for architects to submit their proposals for a specific project.

Project Brief

A document outlining the client's needs, objectives, and requirements for a design project.

Client-Architect Agreement

An agreement outlining the scope of work, fees, and responsibilities between the client and architect.

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Superintendency

Managing the construction phase, ensuring the project aligns with design and contract documents.

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Technical Architecture

Technical expertise focused on solving complex construction details and challenges.

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Ryan Loveday

Registered architect and Director at Fulton Trotter Architects.

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Procurement Process

The process of choosing a method for acquiring goods or services for a project.

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Client Project Requirements

Understanding the client's needs and desires for the project, both in numbers and descriptions.

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Assess project budget and timeframe

Comparing the amount of money and time available to what the project is trying to achieve.

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Return Brief

A document created after the initial client brief, showing what the architect understands and any changes needed.

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Procurement Method Impact

Advising clients how the way they 'buy' construction affects cost, time, lifespan, and quality.

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The Briefing Team

A team of people assembled to define and refine the project brief.

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Novation

Transferring a contract from one party to another.

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Project Bid

The architect's proposal to a potential client, outlining their services and fees.

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First Client Meeting

A meeting to build confidence and reach a formal agreement, covering services, fees, and project scope.

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Fee Basis Elements

Covers appointment details, payments, service types (full/partial), agreement terms, and GST.

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Design Brief

A document detailing a client's expectations and the functional requirements of a proposed building.

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Consultant's Role

Addressing technical issues early and keeping the client informed to build trust and commitment.

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Authorities (Council)

Local government bodies regulating building projects, requiring potential negotiations.

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Free Design Work

Providing design services without compensation.

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Unscrupulous Design Competitions

A method to gather and potentially exploit design ideas without fair compensation.

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Limited Design Competitions

Only participate in competitions following guidelines from the Australian Institute of Architects.

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Partial Services

Providing only a portion of the typical architectural services for a project.

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Responsibilities Outside Architect's Control

Avoid undertaking duties or liabilities that extend beyond your defined scope.

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Scope Creep

Being pulled into additional tasks not initially agreed upon.

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True Novation

A legal transfer of contract to a new client.

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Architects' Strongest Asset

Strategic design is the most valuable thing architects offer, don’t devalue it.

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Design Work For Free

Being cautious when asked to do design work for free.

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Novation in Projects

Transferring responsibilities and agreements to a new party, ensuring project progression with a different team.

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Thanking the Client

Expressing gratitude to the client for the opportunity to propose for the project.

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Expressing Interest

Communicating strong enthusiasm towards the project to the client.

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Showcasing Qualifications

Highlighting relevant past projects, skills, and successes to build trust.

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Inclusions and Exclusions

Specifying what services are provided and what is not within the project scope early on.

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Discussing Remuneration

Openly discussing fees upfront to ensure transparency.

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Client Selection

Evaluating the risks and rewards each client and project presents.

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'Will I Get Paid?'

Assessing if the architect will be paid for their services.

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The Brief

A document that describes a project's scope, vision, budget, and other key elements.

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Study Notes

  • Module 7 focuses on the early stages of architect-client interactions and relates to Modules 9, 10, and 11, concerning client-architect agreements.
  • The module covers how architects market services, respond to invitations, and create project briefs to define client requirements.
  • Ryan Loveday, a director at Fulton Trotter Architects, presents this module.
  • Fulton Trotter Architects, established in 1937, has offices in Brisbane and Sydney, with about 50 employees.
  • Ryan Loveday studied architecture at the University of Technology Sydney and has worked extensively on public projects.
  • He specializes in traditional full-service architecture and superintendency.
  • Learning outcomes include demonstrating techniques in marketing architectural services, responding to clients, and preparing clear briefs.
  • Also, demonstrating techniques for using the brief as an ongoing reference document.

NSCA 2015 Performance Criteria

  • Competencies from the National Standard of Competency for Architects 2015 include preparation & endorsement of agreements, analysis of project requirements, budget assessment, impact factors, knowledge of procurement processes, selection of procurement methods, and preparation of project briefs.

NSCA 2021 Performance Criteria

  • Competencies from the National Standard of Competency for Architects 2021 include applying client-architect agreements, contemporary procurement methods (identifying delivery forms, risks, mitigation), assessing procurement processes (impact on design), identifying project requirements using qualitative/quantitative methods, assessing budget/timeframe against requirements, preparing return briefs, and providing advice on procurement method impact.

Types of Architectural Practices

  • Practices range from high-end boutique design to specialists in institutional fields like education or health etc.
  • Others concentrate on commercial projects or extensions/fit-outs
  • Some offer design-only or document-only services
  • Expert consultants focus e.g. on heritage or legal issues
  • Architects need a strategy and a market for their skills.
  • Key is the need to understand and explain the value of those services

Marketing Strategies

  • Marketing strategy must convey the unique skills, the value of the architect's time, and the impact on lifecycle project costs
  • Good design costs no more than poor design.
  • Marketing services falls into two categories, either deliberate or organic.

Deliberate Steps to Promote Oneself

  • Learn the craft of architecture.
  • Build a reputation - word of mouth and social media are useful.
  • Find good partners - including colleagues and consultants.
  • Focus on desired project types.
  • Join industry organisations and offer help.
  • Understand the client's business and pressures.
  • Identify potential clients and ask for work.
  • Follow up with clients.
  • Network and meet people.

Organic Component of Marketing

  • Organic understanding includes being likeable, relatable, approachable, and good to work with.
  • Being well-informed and passionate, finding cultural fit and taking a stand all contribute.
  • Success comes from the combination of deliberate and organic components.

Responding to Invitations

  • Before responding consider the architect's expertise.
  • Does the practice have resources (staff, systems, finance)?
  • What advice is required, and can work be outsourced?
  • Ensure consistency with the business model and profitability.
  • It's also important to clarify the services requested.

Design Work

  • Architects should be wary of free design work.
  • Concept design is often expected, potentially including tacit engagement.
  • Doing design work for free doesn't reduce professional liability and should be carefully considered due to its impact on the profession.
  • Avoid doing it, strategic design is valuable, and hourly rates should be suggested

Design Competitions

  • Design competitions can be good for profile and visibility.
  • They could also exploit ideas without compensation.
  • Participation in limited design competitions conducted according to Australian Institute of Architects' guidelines is recommended.
  • Paid participation is ideal, along with an agreement protecting moral rights.

Partial Services

  • Understand the scope of services requested
  • Partial services are common in projects involving project managers or design-construct procurement.
  • Understand impact on responsibilities, avoid taking responsibility for things outside control, and beware of scope creep.

Novation

  • Novation transfers an architect's contractual relationship to a second client.
  • Common in design and construct agreements with the first design tendered.
  • While continuity is provided novation is not always included

Essentials for Responding to a Client Invitation

  • Thank the client
  • Show clear interest without guessing.
  • Describe experience
  • Explain how to address challenges
  • Discuss inclusions/exclusions to define project scopes/services
  • Be direct about fees
  • Set expectation to enter a formal contact for services

The Client

  • Not all clients are equal.
  • Client selection is critical
  • Assess risk and reward.
  • Interview potential clients and trust your "gut", especially regarding payment.

Structuring the First Meeting

  • Have a plan for all client meetings as they are never "casual."

Briefing Essentials

  • A design brief is a written statement detailing the client's expectations and functions of a building.
  • Includes the facilities, activities, policies, time, cost, and quality, but not specific design solutions.
  • The architect needs to obtain the client's design brief in writing following institute guidelines

Iterative Development of the Brief

  • The brief must be reviewed throughout the project and signed off by the client.
  • A brief can include specific outcomes or general performance targets
  • An architect uncovers needs and addresses underlying issues which determine desired outcomes
  • It is vital to determine who is ultimately responsible for the design and prioritizes all the interests

Who Prepares the Brief?

  • Clearly state who pays for the brief
  • Progressively explore and define budget/scope
  • It is normal for clients to have unrealistic expectations when budget and scope are concerned
  • The architect will then be in charge of negotiating all considerations

Brief Format and Sophistication

  • Varies from professional briefs for design comps prepared by government bodies vs direct client-written briefs that include pictures
  • Architect-prepared brief that occur in speculative ventures

Brief Components

  • Must cover the aim of project
  • Functional and emotional client needs
  • Non-negotiables
  • Design benchmarks
  • Financial parameters, environmental elements
  • Site constraints
  • Governing authorities
  • The programmed timescale

Typical Headings

  • These include client profile, policies, objectives
  • Design policies, site location, information, constraints
  • Project schedule, adjacency needs, environmental approach
  • Materials
  • Aesthetic value
  • Construction and delivery methods
  • Intended future use
  • Project management, program, budget, risks

Concluding Summary

  • Winning is obviously the 'black magic' of any practice.
  • It's not easy-architects need a strategy.
  • Architects will win work by reputation and the consistent application of energy.
  • Great work requires great clients.
  • To avoid disaster- get the fundamentals of the agreement in place early.
  • Don't work for free.
  • Use the brief as a tool to interrogate, record, develop and test the vision, throughout the life of the project.
  • the contract.

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