In this context, the Claimant is required not only to assert the terms of the parties` agreement that it invokes, but also to prove them. The complainant also has the burden of proof that the first complainant received a payment from the Division. It is indisputable that: 71.1, the parties had reached an agreement both in writing and orally; „The fees would be agreed between the parties and the terms of payment would depend on the pricing scale of the management of construction projects. The above-mentioned fee agreement is set out in my letter of 22 November 2011, which I wrote to you. The letter states that my fees would be based on the fee guidelines issued by the South African Council for Architectural Profession, as prescribed by the Architectural Profession Act According to the applicant, the written agreement consists of two documents, a fee structure letter dated 22 November 2011 and a letter of appointment dated 18 April 2012. nd also on the evidence of Mr. Mosimanyane.  According to her, it is common to calculate according to the stages of work. If the work steps take a little too long, an architect can send invoices based on the percentage of work steps….