The
LAND SURVEYORS
LICENSING BOARD
of WESTERN AUSTRALIA
Dear Colleague
Your use of this draft ‘Terms of Engagement and Cost Agreement for
Authorised Surveys’ (including the attached schedules) is subject to the
following disclaimer:
Disclaimer
The Land Surveyor’s Licensing Board has used its best endeavours to ensure
the “The Terms of Engagement and Cost Agreement for Authorised Surveys”
comply with the Licensed Surveyors Act (1909) and subsidiary regulations but
no warranties in that respect are given. “The Terms of Engagement and Cost
Agreement for Authorised Surveys” is provided as a service to members of the
surveying profession. The document is provided on the basis that survey
practices shall make their own assessment and verification of its content. The
Board requires surveyors to familiarise themselves with the Act and
Regulations.
None of the members of the Board, any employee or agent of the Board shall
be responsible or liable for any loss, damage or injury however caused by any
negligent or unlawful act or omission of, by or on the part of the Board or any
employee or agent of the Board arising from the use reliance on any
information, including out-of-date, incomplete, inaccurate or misleading
information expressly stated in or implied in the “The Terms of Engagement
and Cost Agreement fro Authorised Surveys”.
Yours sincerely
Richard Browne
Secretary
August 2010
81894988-2010
Page 1 of 12
TERMS OF ENGAGEMENT AND COST AGREEMENT FOR AUTHORISED
SURVEYS
[xxxxxx] (“the Survey Practice”) agrees to act on your behalf subject to you agreeing and
accepting the following terms and conditions:
This is an offer to enter into a costs agreement for the Survey Practice to undertake
Authorised Surveys as defined in section 3 of the Licensed Surveyors Act 1909 (‘the Act’)
and associated services as described in paragraph 3 of Part 2 on the terms and conditions
set out in Part 2. This offer may be accepted by you in writing or by your conduct by giving
or continuing to give instructions, whether verbally or in writing, to the Survey Practice.
The terms of this document, insofar as they relate to the professional obligations of the
Survey Practice, should be read in concert with the provisions of the Act as amended from
time to time.
Please note however, that accounts issued by the Survey Practice are to be paid strictly
within 14 days of the date of the account.
PART 1 – AGREEMENT
You agree with the Survey Practice that: the details set out and the terms and conditions set
out in Part 2; apply in relation to the services which are to be performed for you by the
Survey Practice.
Your signature:
Name: [xxxxxxx]
Date [xxxxxx]
Principal of the Survey Practice Signature:
Name:[xxxxxx]
Date: [xxxxxx]
PART 2 – SCHEDULE
1
Client’s Details
Name:
Address:
Telephone:
Facsimile:
Email:
File Reference:
2
Details of Survey Practice
[Name]
81894988-2010
Ph:
Page 2 of 12
[Address]
Facsimile:
Email:
3
Survey services
[Brief description of the work the Survey Practice has been instructed to do at the time this
Agreement is entered into] OR
[The Survey Practice will undertake the scope of work set out in the Schedule marked ‘B’]
4A
Costs –
The Survey Practice will charge you as follows:
1)
On an hourly rate calculated on a time cost basis of xxx minutes (“1 unit”). The
minimum charge is 1 unit (even if actual time spent is less)
Principal
$xxx /hour inclusive of GST
Employee Surveyor
$xxx /hour inclusive of GST
Administrative Staff
$xxxx /hour inclusive of GST
Services provided on a time basis include but are not limited to












Assessment of client proposal, including viability, planning and statutory
constraints
Attendance at Site;
Conducting initial survey;
Preparation of Field Notes Records/Applications
Perusal of Conditions
Land & property surveys
Preparation of statutory records
Lodgement of statutory records
Initial application of clearance by agencies
Final application to WAPC
Telephone attendances
Drafting letters to clients confirming deposited plan status
On July 1st each calendar year the Survey Practice will review its hourly rates and may
increase the rates set out above, either by reference to the Consumer Price Index applicable
to the City of Perth or otherwise. In that event, the Survey Practice will also give you written
notice of any changes before any increase is proposed. If you do not accept those changes,
you may write to us advising that you do not accept those changes. Upon receipt of such
notice, this agreement comes to an end but you will owe us money for work done up to that
stage. We will then cease acting for you.
B
Disbursements.


81894988-2010
Landgate title/survey and other searches;
[other]
Page 3 of 12
More specifically, the Survey Practice may charge the following disbursements at the
following rates (plus GST):






5
File Administration fee (File opening fee) - $xxxx;
Postage and petties - $xxxx
Binding of Documents - $xxxx
For outgoing facsimile transmissions - $xxx per fax;
Photocopying charges/plan printing - $xxx per page;
[other]
Estimate of total Client Costs
The Survey Practice’s overall estimate of costs (including disbursements) payable by you to
the Survey Practice in accordance with the scope of work set out in Schedule ‘B’
$_____________inclusive of GST
Please note that the above estimate is based upon the information provided by you and
otherwise available at the time of preparing this agreement. The estimate is not to be
considered a quote unless otherwise agreed between you and the Survey Practice.
Should the scope of the work as set out in Schedule B change, the Survey Practice reserves
the right to provide a new overall estimate, whether that estimate of costs whether that
estimate is greater or less than the estimate contained herein.
Further, it is possible that further costs may be incurred as a consequence of having to
comply with certain conditions imposed by the WAPC or other statutory authorities. Such
costs are your sole responsibility. While the Survey Practice takes reasonable care to
identify such costs as and when they may arise during the course of completing the Scope of
Works, the Survey Practice is not liable for any loss or damage that may be caused as a
consequence of not having identified such a cost or costs prior to or during the undertaking
of the Scope of Works.
6
Rate of interest
If you do not pay an account within 14 days of the date of the account, the Survey Practice
may charge interest on the unpaid portion from the due date until the date of payment in full
at a rate of 6%.
7
GST
You acknowledge that GST is payable in respect of each taxable supply made under this
Agreement and that all charges including disbursements shown in this Agreement are
inclusive of GST.
“GST”, “taxable supply” and “tax invoice” have the meaning given in A New Tax System
(Goods & Services Tax) Act 1999.
8
Additional arrangements
a)
The Survey Practice may require advance payment
Upon execution of this agreement or upon you providing instructions to the Survey Practice
to carry out any of the work described in Schedule B, the Survey Practice may require you to
pay xx% of the total estimated cost.
Should the Survey Practice so elect, it will issue an invoice for an amount representing xx %
of the total cost within 7 days of the execution of this agreement or otherwise within a
reasonable time of being instructed.
81894988-2010
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The Survey Practice will not be obliged to commence work in relation to the scope of works
until such time as the invoice is paid.
b)
Payment of the Survey Practice’s account is strictly 14 days from the date of
issue of invoice.
Should you experience difficulties in meeting the Survey Practice’s payment criteria you are
urged to contact either the administration manager or the surveyor who has conduct of your
project without delay to discuss payment.
Subject to the Agency / Principal ruling by the ATO, GST will apply to all accounts rendered.
The Survey Practice may request at any time that any director and / or all directors of the
client company execute a Director’s Guarantee and Indemnity.
c)
Instructions
Where instructions are obtained from more than one individual or party they become jointly
and severally liable to pay our costs.
d)
Surveyor who will have conduct of your matter
The surveyor who will have primary conduct of your matter is [xxxxxxx]
e)
Independent Legal Advice
It is in your interests to obtain legal advice about the meaning and effect of this Agreement.
f)
Emails
The Survey Practice will correspond with you via email at your request. However, we do not
represent or warrant the security of The Survey Practice’s email network or that any files
attached to the email are free from viruses, defects or errors.
The Survey Practice will not be responsible or liable for any loss or damage suffered directly
or indirectly or as a consequence of correspondence via email or attachments.
g)
Failure to provide instructions or pay accounts
The Survey Practice may terminate the retainer and cost agreement and cease to act on
your behalf, and be entitled, inter alia, to refuse to lodge documents to place a plan in order
for dealings, without further notice, if:
(a) you fail to provide us with further and better instructions as and when requested
and / or fail to respond to our correspondence, telephone calls or at all;
(b) The Survey Practice forms the opinion, on reasonable grounds, that mutual
confidence and trust do not exist between us and you;
(c) The Survey Practice considers on reasonable grounds that, by continuing to act
for you, the surveyor may be acting unprofessionally or otherwise breaching terms
of the Act or ; or
(d) You fail to pay our account within 14 days of the account being issued to you;
81894988-2010
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h)
Surveyor is your agent
The Survey Practice is your agent and may incur expenses (such as fees charged by an
independent valuer) on your behalf. So far as reasonably possible, The Survey Practice
must first obtain your consent before incurring substantial expenses on your behalf.
i)
Termination by you
You may terminate this Agreement at any time by writing to the Survey Practice. You remain
responsible for all costs which The Survey Practice may properly charge up to the time of
receipt by us of the notice of termination.
j)
Agreement and variation
This Agreement is binding on you and the Survey Practice.
It may not be varied except in writing.
k)
Surveyor’s Lien
The Survey Practice will retain all files, documents and personal property in the Survey
Practice’s possession relating to your matter(s) until the Survey Practice’s accounts are paid
in full.
l)
Reasonable costs
The Survey Practice must take reasonable care in providing surveying services to you. If
you suffer injury, loss or damage partly as a result of your own negligence, any claim you
make against the Survey Practice for breach of contract will be reduced, as if the claim were
based in negligence, to the extent that it is just and equitable having regard to your share in
the responsibility for the injury, loss or damage.
m)
Copyright
You acknowledge the Survey Practice’s copyright in all documents prepared by the Survey
Practice and that they must not be reproduced, other than for the purpose of permitting the
scope of works being completed, without the Survey Practice’s prior written permission.
n)
Destruction of files
The Survey Practice will destroy the file(s) created upon your instructions seven (7) years
after completion of your matter. File(s) may be destroyed earlier upon The Survey Practice
giving you written notice.
o)
Arbitration
Any dispute between the parties will be referred to an accredited Arbitrator appointed by the
Land Surveyor’s Licensing Board, who may pass his opinion which will be binding upon the
parties.
p)
Safety
The Survey Practice undertakes to comply with all relevant environmental and occupational
safety and health legislation. The Survey Practice also undertakes to ensure that its
employees undergo pertinent training, induction courses and wear personnel protective
81894988-2010
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equipment. The client agrees to likewise comply with all relevant environmental and
occupational safety and health legislation and to provide site inductions where pertinent to
the safety and health of on site workers.
q)
Indemnification and Insurances
[xxxxx] has Worker’s Compensation as required by Survey, and Professional Indemnity,
Motor Vehicle and Public Liability Insurances. To the extent of the nett proceeds payable
from these coverages in accordance with the policy terms and conditions, The Survey
Practice will indemnify the client for losses, damages or expenses resulting from the Survey
Practice’s negligence in connection with the services, In no event shall the Survey Practice’s
liability to the client extend beyond those obligations assumed by the Survey Practice, not
extend to the client’s loss of use or profit or any other form of consequential loss or damage.
The Survey Practice shall not be responsible for anything arising from circumstances beyond
its control, including but not limited to war, civil disturbance, industrial dispute, fire, natural
calamity, act of God, acts of client or other consultants or contractors involved with the work,
or demand or requirement of Survey or government.
If this Contract involves contracting out and/or sub-contracting the Survey Practice’s
personnel (employee) to perform work for the client under the clients instructions, procedures
and policies, the Survey Practice will not be held responsible for the results and
consequences or any work performed by the personnel on the grounds that such work is
performed in accordance with the clients quality system and under the clients supervision
and instruction.
r)
Directors Guarantee and Indemnity
You have agreed to enter into a Directors Guarantee and Indemnity found in Schedule A.
Disclaimer
The Land Surveyor’s Licensing Board has used its best endeavours to ensure the “The
Terms of Engagement and Cost Agreement” comply with the Act and Regulations but no
warranties in that respect are given. “The Terms of Engagement and Cost Agreement” is
provided as a service to members of the surveying profession. The document is provided on
the basis that surveying practices shall make their own assessment and verification of its
content. The Board urges surveyors to familiarise themselves with the Act and Regulations.
None of the members of the Board, any employee or agent of the Board shall be responsible
or liable for any loss, damage or injury however caused by any negligent or unlawful act or
omission of, by or on the part of the Board or any employee or agent of the Board arising
from the use reliance on any information, including out-of-date, incomplete, inaccurate or
misleading information expressly stated in or implied in the “The Terms of Engagement and
Cost Agreement”.
81894988-2010
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SCHEDULE A
DIRECTORS GUARANTEE & INDEMNITY
IN CONSIDERATION of the Survey Practice at the request of the Guarantor entering into a retainer
and cost agreement with the client company the Guarantor, and if the Guarantor consists of more than
one person then each of them jointly and severally, HEREBY UNCONDITIONALLY AND
IRREVOCABLY GUARANTEES to the Survey Practice the due and punctual payment to the Survey
Practice’s accounts or any monies owing under the retainer and cost agreement AND ALSO HEREBY
INDEMNIFIES The Survey Practice and agrees to keep the Survey Practice indemnified from and
against all loss, damage, costs and expenses suffered or incurred by the Survey Practice by reason of
any breach or non performance by the client company the Guarantor DOTH HEREBY COVENANT
and it is hereby agreed as follows:1.
If the client company does not pay all or any part of the Survey Practice’s account on the
date on which the same or any part thereof (including interest) becomes due and payable
the Guarantor shall forthwith (whether or not demand therefore shall be made) pay the
same to The Survey Practice.
2.
The liability of the Guarantor hereunder shall not be abrogated prejudiced or affected by -
3.
2.1
The granting of time, credit or any indulgence or other concession to the client
company or the Guarantor by the Survey Practice or by any compounding,
compromise, release, abandonment, waiver, variation, relinquishment or
renewal of any securities, documents of title or assets or of any of the rights of
The Survey Practice against the client company or the Guarantor or by any
neglect or omission to enforce any such rights;
2.2
Anything done or omitted or neglected to be done by the Survey Practice in
exercise of the rights, powers or discretions vested in the Survey Practice
hereunder or in any security or agreement collateral or supplemental hereto
or any other dealing or thing which but for this provision might operate to
abrogate prejudice or affect this Guarantee and Indemnity;
2.3
Any other person or corporation becoming a guarantor;
2.4
Any alteration or addition or variation to the retainer or cost agreement;
2.5
The liquidation of any Guarantor which is a corporation or the bankruptcy or
death of any Guarantor who is a natural person.
This Guarantee and Indemnity shall be a continuing guarantee and indemnity and
accordingly shall be irrevocable and shall remain in force until the whole of the Contract
Sum been fully paid or satisfied.
Guarantor 1:
Guarantor 2:
Client
Company:
Client
Company:
Signed:
Signed:
Directors
Name:
Witness
Signed:
Witness
Name:
Directors
Name:
Witness
Signed:
Witness
Name:
Date:
Date:
81894988-2010
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SCHEDULE B
SCOPE OF WORKS- BOUNDARY REDEFINITION
THE SURVEY PRACTICE SERVICES;
(1) Carry out title search and relevant previous Plans and Field Books at Landgate
(2) Survey to define and mark lot boundaries, locate improvements adjacent to
boundary and record the survey in a field book. The field book to be lodged at
Landgate where required by Regulation 8.
(3) Prepare and supply plan showing marks placed and relevant improvements,
provide certificate in accord with Regulation 25A, signed by the Licensed
Surveyor.
CLIENT RESPONSIBILITIES;
(1) Advise Surveyor of purpose for Boundary redefinition
(2) Facilitate access to property when convenient to Client and Surveyor
Client:
Surveyor:
Signed:
Signed:
Date:
Date:
81894988-2010
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SCHEDULE B
SCOPE OF WORKS- BUILT STRATA (Small Development)
THE SURVEY PRACTICE SERVICES;
(1) Carry out title search at Landgate
(2) Survey lot to locate buildings and improvements with respect to parcel
boundaries
(3) Prepare Strata Plan and associated forms
(4) Arrange for a Licensed Valuer to allocate Unit Entitlement
(5) Forward preliminary Strata Plan And forms to Client for approval
(6) Upon approval submit documents to Local Council
(7) Should clearances be required, send request to relevant authority
(8) Lodge Strata Plan (certified by the Licensed Surveyor) and documents with
Landgate (subject to section G of agreement)
(9) Forward copy of lodged Strata Plan and forms to Client
(10) Advise Client when Strata Plan is in order for dealings
CLIENT RESPONSIBILITIES;
(1) Supply copy of Council approved plans and Development Approval conditions
(2) Arrange for all construction and works required to comply with Council conditions
(3) Inspect preliminary Strata Plan and advise Surveyor if in accord with wishes
(4) Arrange for Council inspection when all works are completed
(5) Client or Agent to apply to Landgate for issue of new Certificates of Title when
advised that Strata Plan is in order for dealings
Client:
Surveyor:
Signed:
Signed:
Date:
Date:
81894988-2010
Page 10 of 12
SCHEDULE B
SCOPE OF WORKS- GREEN TITLE SUBDIVISION
(Small Development)
THE SURVEY PRACTICE SERVICES;
(1) Carry out title search at Landgate
(2) Carry out Feature Survey
(3) Prepare subdivision application plan and Form 1A
(4) Forward Plan and Form1A to Client for approval and signing
(5) When Plan approved submit application to WAPC
(6) WAPC conditional approval received, send copy to client for acceptance of
conditions or request reconsideration by WAPC or appeal to SAT
(7) Contact water corporation for agreement
(8) Forward Western Power letter to client with explanation of process
(9) Forward agreements to client for payment
(10) Carry out subdivision survey
(11) Prepare Deposited Plan with certification by the Licensed Surveyor
(12) Apply for clearances
(13) Lodge Deposited Plan at Landgate
(14) When all clearances available lodge with WAPC with Form1C and fees
(15) Send release letter to Landgate (subject to section g. of agreement)
(16) When Deposited Plan is in order for dealings send copy to client
CLIENT RESPONSIBILITIES;
(1) Inspect subdivision application plan, advise if in accord with requirements,
sign Form 1A and return to Surveyor
(2) Consider WAPC conditional approval and advise if conditions are acceptable
or wish to contest conditions
(3) Contact Western Power for agreement or Surveyor if assistance is required
81894988-2010
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(4) Arrange to carry out works to comply with WAPC conditional approval
(5)
Arrange with Surveyor a suitable time for boundaries to be defined
(6)
Notify Surveyor when all WAPC conditions are fulfilled
(7)
Client or agent to apply to Landgate for issue of new Certificates of Title
when advised the Deposited Plan is in order for dealings
(8) When in doubt of what action is required contact your Surveyor
Client:
Surveyor:
Signed:
Signed:
Date:
Date:
81894988-2010
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