Opinion on additional payments - services for Architect & planner

Hi Guys,

I have entered into a contract to provide an advice, Architectural and Town planning services with a builder (builder engaged Architect and Town Planner) for my dual-occ development.

As per the quote, I need to pay final 25% payment once I have received "Notice of final Council Determination" from council. I have now received planning permit with number of conditions, which requires amendments to the planning drawings submitted to the council earlier (for council advertising process) to achieve endorsed plans before commencing building permit process.

It was always my intention to engage Architect and planner with the fixed price contract (with no "buts & if's" along the way) to achieve endorsed plans.

I am under same impression until I was asked to make a final 25% payment now and to make an additional 20% (approx) payment for draft person to achieve endorsed plans.

This is the third time (first two times I have paid after bit of discussion, mainly to get it moving, though I oppose it in principal) I was asked to pay additional amounts on top of what's already agreed in the original quote and they seems to find reasons all the time to justify it.

I am getting nervous with this, as this is only the beginning of the long journey to complete the project.

I am thinking of taking legal opinion to see if this reasonable. I would appreciate what you guys think of "Notice of final Council Determination" and if it includes services for "endorsed planning" as-well?

cheers
Raj
 
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If the conditions require a major overhaul to the plans then that makes sense. But, if it's only a few minor tweaks here and there then you probably have a right to be upset. Still, it depends on what you have agreed to. "Council determination/decision" comes before endorsed plans however all architects know that there will be a few things to change in order to obtain endorsed plans.

Oscar
 
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