1. Identity of the architect
Name: Studio FERI, Febe Rimbert
Legal form: Sole proprietorship
Address: Meiboom 44, 1500 Halle
Phone: 0475 39 87 36
E-mail: febe.rimbert@outlook.com
Company number: CALL 0798.232.794
Professional titles: Mr. Architect
Country of attribution of title: Belgium
Professional organization: Order of Architects, Province of Flemish Brabant and Brussels Registration number A911462
2. Determining the fee
The fee is composed as follows:
- 10% of the construction price for preparing the designs, the implementation and detailed plans, the specifications and specifications, the coordination of the studies and all tasks that should lead to the issuance of an urban planning permit/environmental permit.
- 40 euro per hour for carrying out all other tasks from the moment the urban planning permit/environmental permit is issued, with the exception of drawing up detailed plans that are included in the percentage fee. Without being restrictive, these tasks include: preparing site descriptions, checking the works, reviewing the invoices, assisting with the selection of materials, drafting the site reports, drafting the completion reports, and reviewing the final bill.
3. Compensation for additional services
Based on real time spent, additional services are charged at an additional fee of 40 euros per hour excluding VAT. These additional services form part of a prior and written agreement.
4. Reimbursement of other costs
The following costs are charged separately:
- Printing costs of presentation bundles and plans: The costs of the copy center are charged in full.
- Mileage allowance: 0.50 euro per kilometer excluding VAT.
5. Expendability of the salary
2 percent of the construction price as an advance
8 percent of the construction price when submitting a file until obtaining the urban planning permit/environmental permit
40€ per hour (excl. VAT) depending on the claim of the works until provisional completion.
6. Payment terms and conditions
The payment of the fee will be made within 14 calendar days from the submission of the application by the architect.
A protested fee note must be notified to the architect by registered letter within eight days, including the reason for the protest.
6.1 When the client concerns a company
Any fee bill that is not paid within the period provided for in the first paragraph (the due date) shall automatically and without notice of default accrue interest in the statutory interest, increased by 3%, and shall be increased by a fixed increase of 10% of the balance of the fee bill still due, with a minimum of 75 EUR. The architect is entitled to suspend his performance if the fee statements are not paid no later than 45 days after transmission.
6.2 in the event that the client is a consumer
In the event of non-payment within the above period (due date of the fee bill), the client risks being subject to payment of a compensation (i.e. interest on arrears and a fixed compensation) in accordance with the terms below in accordance with the Act of 4 May 2023 inserting book XIX “Consumer debts” into the Code of Economic Law (WER).
If the client has not paid his debt within the above period, a first reminder will be sent.
After receiving this first reminder letter, the client has 14 calendar days to pay the invoice. This period commences on the day following the reminder if it was sent by email. If the reminder was sent by post, the period commences the third business day after the reminder has been sent. If the last day of the period is a legal holiday, Sunday or Saturday, the period expires at the end of the last hour of the following business day.
If the fee bill is not paid within the above reminder period, the architect can send a notice of default (in paper or electronic form) to the client, increasing the outstanding fee by:
- a default interest equal to the interest rate as set out in the Act of 2 August 2002 on late payment in commercial transactions, and
- a fixed compensation equal to a) 20 EUR if the balance due is less than or equal to 150 EUR, b) 30 EUR plus 10% of the amount due in the range between 150.01 EUR and 500 EUR if the balance due is between 150.01 EUR and 500 EUR, c) 65 EUR plus 5% of the amount due in the instalment above 500 EUR with a maximum of 2,000 EUR if the balance due is higher is then 500 EUR.
This notice of default will include a number of mandatory entries, in particular the creditor (architect) identification data, the data of the supervisory board (FPS ECONOMY), the description of the service that created the debt, the description of the amounts that can be claimed from the debtor, the information about the procedure to follow in case of contesting the debt (writing to creditor), the statement that the debtor where can request payment facilities, stating the law of the client - consumer to request all supporting documents, stating that in the absence of a response within 14 calendar days (commencing on the third business day after the date of sending the notice of default), other measures or actions can be taken.
After this notice of default, a new waiting period of 14 calendar days starts, starting on the third business day after sending the notice of default, before a collection procedure can be initiated.
The architect is entitled to suspend his performance if the fee statements have not been paid no later than 45 days after they have been sent.
7. Financial consequences of changes
If thorough changes are made to the program by the client or changes that occur as a result of requirements imposed by the licensing government or the study of the soil to the extent that they are not attributable to the architect and that result in the final designs submitted or being prepared to be thoroughly revised or changed, the architect can claim additional compensation for this work that has ceased to be useful as such.
8. Term extensions
If the execution period of the works is extended by at least six months due to delays caused by the client and/or contractor, the architect may charge an additional fee for the additional performance created as a result, at the rate agreed in writing.
9. Architect's liability and insurance
9.1 The architect's contractual and ten-year liability is determined by the laws in force. The architect's ten-year liability commences upon provisional completion.
Liability for minor hidden defects that are not covered by articles 1792 and 2270 of the Civil Code is conventionally limited to a period of 3 years after provisional delivery. Any such action is only admissible if it is brought within a period of six months from the day that the client became aware of the defect or should have become aware of the defect.
The architect is not liable for any form of liability if the client deviates from the plans or drawings approved by the government agencies. The client will indemnify the architect if he would be held liable in the event of violations of urban planning legislation as a result of an act attributable to the client.
The architect can never be held liable for late performances, unless this is due to an error on his part.
9.2 The architect bears no responsibility for the actions or errors of the other construction partners, who intervene in the construction of the building and to whom he has no obligation. The architect is only responsible for his own mistakes.
Insofar as the regulations on temporary and mobile workshops impose obligations on the architect to coordinate safety and health on site, the architect can only be held liable for his personal error. The architect cannot be held responsible for the actions or errors of the safety coordinator.
9.3 The client accepts that the architect can never be held in solidarity with the other construction partners for whom he never has obligations towards the client for damage resulting from defects that do not fall under art.1792 and 2270 of the Dutch Civil Code. The client will only hold the architect accountable for his share of the damage.
9.4 The client accepts that the architect can never be held in solidarity with the other construction partners for whom he never has any obligations towards the client in the event of stability-threatening defects that fall under art. 1792 and 2270 of the Dutch Civil Code. The client will only hold the architect accountable for his share of the damage.
9.5 The architect cannot be held liable, even in a minor order, for the hidden defects in the materials of parts and the processing imposed by the supplier or manufacturer.
9.6 The architect has signed insurance that guarantees his full professional and business liability, including the ten-year liability as set out in articles 1792/2270 of the Dutch Civil Code, unless it concerns a housing project and the insurance certificate states otherwise. This policy is valid with Protect nv, Jetse Steenweg 221, 1080 Brussels.
The client accepts that the architect's civil liability is limited to the extent and to the amount for which he is insured.
9.7 If the architect's audit assignment is limited to the works subject to licensing, he cannot be held responsible if, after termination of his architectural assignment, the execution of the remaining works does not take place in accordance with the applicable EPB requirements. In this regard, the client declares that he knows the relevant EPB requirements and that he will also comply with them or have them complied with.
In terms of safety coordination, the client also declares that he knows the applicable regulations and that he will comply with or ensure compliance with the guidelines/instructions issued by the safety coordinator.
9.8 Advice on tax matters is not part of the architect's assignment, who cannot provide any guarantees regarding the application of a reduced VAT rate.
The client is responsible for applying the correct VAT rate and, if necessary, must check with the VAT administration in advance or call on a specialist in the field.
9.9 The client is aware of the current economic climate and the scarcity of certain building materials. As a result, ongoing project price increases can occur with an impact on the budget and supply issues with an impact on the implementation period. The consequences of this problem cannot be predicted or foreseen with certainty. The architect can therefore not be held responsible for the adverse consequences, if any, of price increases and supply problems.
9.10 The parties agree that, within the legal limits, the repair of the damage caused by the breach of a contractual obligation by an assistant to the architect is only grounds for a contractual or non-contractual liability claim against the architect's principal debtor and not a ground for an extra-contractual liability claim against the architect's assistant, even if the event causing the damage also constitutes an unlawful act.
10. Termination of the agreement
10.1.
Parties can terminate the agreement unilaterally at any time.
In the event of unilateral cancellation by the client, the client pays the
architect: the fee for the services performed and compensation for the justified costs and damage suffered that amounts to at least 20% of the fee due for the architect's remaining part, taking into account the general costs of the office.
In the event of unilateral termination by the architect, the architect pays compensation to the client for the damage suffered and proven by the client as a result of the unilateral termination.
10.2.
If the client does not commence or continue the execution of the works within one year of receipt of the urban planning permit/environmental permit, the architect may decide that the client has unilaterally terminated the agreement.
Conversely, only if the client is a consumer: if the architect does not commence or continue his assignment within one year after this agreement, without this being mutually agreed between the parties or without being prevented from doing so by the client or due to force majeure or third parties, the client may decide that the architect has unilaterally terminated the agreement.
The architect can claim the fee and compensation provided that he sends a registered letter to the client informing him that, in application of this article, he considers the agreement terminated.
Conversely, only in the event that the client is a consumer, the client can also claim compensation provided that he sends a registered letter to the architect informing him that he considers the agreement terminated.
10.3
The architect can terminate the assignment due to a serious shortcoming on the part of the client, without prejudice to his right to claim compensation, if the client does not follow the architect's recommendations or if the client violates a legal or regulatory provision of mandatory law.
The client's refusal to appoint one of the construction partners mentioned in articles 3 and 4, notwithstanding this is required by law or the architect deems it necessary, is considered a serious shortcoming on the part of the client.
The client can also terminate the order due to a serious shortcoming on the part of the architect, in which case the client is entitled to claim compensation.
11. Changes and settlements
Unless otherwise stated in this agreement, the agreement, including the architect's assignment, can only be amended by means of a prior, written and explicit agreement.
Any change in the plans and/or specifications will be discussed between the parties in advance. The architect will include the discussed deviation in a report and thereby calculate, as far as possible, the cost and the impact on the budget.
The client acknowledges that this calculation is approximate and deviation does not cause liability on the part of the architect, unless this deviation is the result of an error on the part of the architect.
The report will also determine the effect of the change on the architect's fees. Unless otherwise specified, the additional performance of the architect as a result of the change will be budgeted.
The report will be sent to the client by e-mail or (failing that), insofar as it is not signed off before receipt, by registered letter. The client is deemed to agree to the change if he does not respond in the same way within 14 days after receiving the report.
12. Miscellaneous
12.1. Nullity clause
The nullity of part of the agreement does not in itself lead to the nullity of the entire agreement.
12.2. Disputes
This agreement is subject to Belgian law.
Any dispute that may arise as a result of the execution or interpretation of this agreement falls under the exclusive jurisdiction of the Belgian courts.
12.3 Personal Data
The client's personal data is processed by the architect as part of the contract for the assignment for the purpose of customer management and accounting.
The client can always view his data and, if necessary, have it corrected or deleted, via a simple request with proof of identity addressed to the architect. For questions or complaints regarding data processing, the client can always contact the Data Protection Authority, Drukpersstraat 35, 1000 Brussels.
13. Intellectual Property Rights
Notwithstanding the payment of fees, the architect retains all intellectual property rights to the plans, studies, preliminary designs, and work. He has the exclusive right to reproduce in whole or in part. He can name his name at work at his expense. The architect has the exclusive right to publish.
The plans can only be adjusted due to urban planning or technical requirements. The client acknowledges having been informed that the architect is in no way obliged to transfer the plans in digital format (autocad/dwg).