Client Architect Agreements
Setting Up Your Client Agreement for a New Practice
The terms a sole practitioner most needs to get right, and the traps that catch new practices in their first year.
Where new practices get caught
Starting out, most sole practitioners reach for a standard form and sign up the first client quickly. That is understandable, but a standard form is a starting point, not a finished answer, and the gaps show up exactly when a job goes sideways: unpaid fees, scope that grew without being charged, and a liability position that does not match the cover held.
A new practice has no in-house legal or contracts team to fall back on. The terms are only as good as the form that was signed and the thought that went into it, so the client agreement is one of the highest-value things to get right early.
- A liability position that is not aligned to the professional indemnity policy.
- No clear right to suspend when a client stops paying.
- Scope that grows through the project without a mechanism to charge for it.
- Terms written for a commercial client used, unchanged, for a homeowner.
The terms to get right first
Define the scope of services and how additional services are charged, set the fee in defined stages with clear invoicing, and include a right to suspend for non-payment so late payment becomes an issue you can act on. Limit your liability to a level your professional indemnity insurance supports, and deal squarely with copyright and moral rights in your designs.
You can begin from the Australian Institute of Architects CAA2024 or a registration board short form, then tailor it to the work you actually do and the cover you actually hold. Where your clients are homeowners, the agreement also needs to sit correctly alongside the Australian Consumer Law.
Off-the-shelf form vs a tailored agreement
| Aspect | Standard form, unchanged | Reviewed and tailored |
|---|---|---|
| Liability | May not align with your PI cover. | Capped to a level your insurance supports. |
| Getting paid | Suspension rights may be unclear. | Clear fee stages and a right to suspend for non-payment. |
| Scope | Generic scope invites scope creep. | Scope and variations defined for your services. |
| Residential clients | Consumer law fit not considered. | Terms checked against the Australian Consumer Law. |
Who this protects
New sole practitioners
A single agreement, tailored to your typical commission, that you can reuse with confidence across clients.
Architects leaving a firm
Your own terms of engagement, rather than the ones you inherited, aligned to the practice you are building.
Small residential practices
Terms that hold up for homeowner clients, where consumer protections shape what the agreement can do.
Common questions
What should my client agreement include when I start out?
At a minimum: the scope of services and how additional work is charged, the fee basis and payment timing, a right to suspend for non-payment, a limitation of liability aligned to your professional indemnity insurance, and copyright and moral rights. For homeowner clients, it also needs to work with the Australian Consumer Law.
Should I tailor the standard form or use it as is?
The CAA2024 is a sound base for many solo practices. Whether to tailor it depends on your projects and your cover. A short review can confirm the standard form suits your work or identify the few changes worth making before you rely on it.
How do I protect my fees as a sole practitioner?
Set the fee in defined stages, invoice on a clear schedule, and include a right to suspend if payment is late. In most states, consultants also have rights under security of payment legislation, which sit alongside the contract.
When do I need the agreement in place?
Before you take on your first commission. A written client agreement is required before you provide architectural services, so putting it in place early means every engagement starts from protective terms.
Setting up? Start with the agreement
Get your client agreement right before your first commission, with advice tailored to a new solo practice.
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