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General
PROCSA Specific
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The Project Manager Agreement includes both Principal Consultant and Principal Agent and the Architect Agreement includes these as separate individual services and deliverables that can be selected by dropdown menus within ‘Annexure B’. There is therefore no need to sign a separate Principal Agent Agreement for either of these services.
The Agreements for Electrical, Mechanical, Structural & Civil Engineers, Landscape & Interior Architects also include both Principal Consultant and Principal Agency services as combined services and deliverables that can be selected via a dropdown menu. There is therefore no need to sign separate Principal Agency Agreements for these services.
Should the Quantity Surveyor or any other discipline not noted above wish to provide Principal Agency services, then a separate Principal Agency Agreement for this service will be required.
The Agreements for Civil, Electrical, Mechanical, Wet Services Engineers, Landscape & Interior Architects include Quantity Surveying services and deliverables that can be selected by a dropdown menu within 'Annexure B’.
In February 2022, the PROCSA Committee approved the use of a Consortium Agreement. PROCSA’s recommended option would be the use of the existing individual PROCSA Agreements between Client and each Consultant. If done this way and there is dispute of any nature, the other disciplines will not be prejudiced. With a combined Consortium appointment, if service delivery is challenged on any one discipline, then all disciplines will be affected.
If it is not done this way, as the scope of work and services differs for each discipline, the effective communication and coordination between disciplines is not legislated for. Also the fee payments, limit of liability, the PI Insurance amounts, dispute mechanism will not be ring-fenced to each specific discipline.
If you do prefer to have one overall Consortium Agreement, the ‘Consortium Agreement - with PM, Arch, QS, All Engineering, Fire & CHS Services’ must be selected from the dropdown menu. This includes the Annexure 'B' for 10 disciplines including Project Manager, Architect, Quantity Surveyor, Civil, Structural, Electrical, Mechanical, Wet Services Engineers, Fire Consultant & Construction Health & Safety, together with the Annexure 'A' Terms and Conditions. It is named ‘Consortium Agreement’, and you cannot rename this Agreement. Should one or more of the included disciplines not be required, then these services and deliverables can be struck out.
Generally, the Project Manager would be the lead Consultant representing the Consortium in this regard, and take on the obligations on behalf of all required disciplines. This ‘Lead Consultant’/Project Manager would then need to have separate back-to-back agreements with each of the individual Consultants. The Lead Consultant/Project Manager would then take on the role of the Client in each of these separate agreements. The default selection for the disciplines other than Project Manager, is that Principal Consultancy and Principal Agency services are not provided.
You are further advised to consult with your Professional Indemnity Insurer in the event of going the Consortium route, as there are substantial and far-reaching legal issues that will come into play, and also to avoid confusion and ‘cross-liabilities’ in this regard.
This particular agreement provides for the core services rather than all 10 disciplines as included in the Consortium Agreement. The agreement can be named to suite the Service Providers requirements. To use this agreement, select the ‘Multi-Disciplinary - Renamable Agreement with PM, Arch, QS, Civ, Struc, Mech & Elec Services’ from the dropdown menu. This includes the Annexure 'B' for 7 disciplines including Project Manager, Architect, Quantity Surveyor, Civil, Structural, Electrical & Mechanical Engineers, together with the Annexure 'A' Terms and Conditions. Should one or more of the included disciplines not be required, then these services and deliverables can be struck out. The default selection for the disciplines other than Project Manager, is that Principal Consultancy and Principal Agency services are not provided.
Access to a reference copy of the following documents is available to Architects in preparation of their Professional Practice Exam:
To access the Document, visit www.procsa.co.za and click on ‘Purchase Documents’ on the main menu, and then Using the Basic Suite, follow these steps:
For Reference Purposes only, this Suite includes the following services:
For Reference Purposes only, this Suite includes the following services:
For Reference Purposes only, this Suite includes the following services:
Basic & Pro Suite
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