Riba Agreement

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A single copy of this document is licensed to [email protected]

On 31/08/2016

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Standard Agreement 2010 0 (2012 revision) n) Architect This pack contains: ● Standard Conditions ditions of Appointment Appointme fo for an Architect 2010, 2012 revision ● Schedules: s: Project ct Data; Services Ser Services; Fees and Expenses, vision n 2012 revision ● Memorandum orandum um of Agreement Agreem for the Appointment of an chitect, 2012 revision revis Architect, ● Notes: s: Part 1 Use and a C Completion; Part 2 Model Letter, 2012 12 revision

www.ribabookshops.com

Stock code 77537

Principal changes in RIBA Standard Conditions of Appointment for an Architect 2010, 2012 revision Clause

Change

1.1

New definitions: ‘Collaborate’ and ‘Construction Acts’

5.8.2

Applicable to percentage based fees only

5.9

Clarification of Additional Fee Provisions

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5.19

Interest rate is ‘per year’

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Standard Conditions of Appointment for an Architect 2010, 2012 revision

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/œÊVœ“«ÞÊ܈̅Ê̅iÊArbitration (Scotland) Act ctt 2010

Some clauses and definitions, not listed above, have ve been modified for greater clarity c without w affecting the obligations of either party.

Licensed copy from CIS: [email protected], Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.

Standard Conditions of Appointment for an

Architect ct 2010 (2012 revision) on) Incorporating Amendment dment 1, Se Septem September 2011

Royal Institute of British Architects

Architect ctt

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Standard Conditions of Appointment for an

2010 (2012 revision) n)

Incorporating Amendment ment 1, September 20 2011

Thiss and the followi following 14 pages (numbered 2–15) are the RIBA Standard Conditions of Appointment for an Architect 2010 (2012 revision) referred to in the Agreement relating to The Projec Project, namely:

between The Client, namely: Initials

and The Architect, namely: Initials

Royal Institute of British Architects

Association of Consultant Architects

Royal Incorporation of Architects in Scotland

Royal Society of Architects in Wales

Royal Society of Ulster Architects

The components of a Standard Agreement are the Conditions of Appointment, the Schedules of Project Data, Services and Fees and Expenses, any appendices and a Memorandum of Agreement or Letter of Appointment. A list of the principal changes from the 2010 Conditions can be found on the reverse of the pack cover sheet and is also available online at www.ribabookshops.com/agreements. siness oor commercial The Standard Conditions of Appointment are applicable for a Client who is acting for business purposes or is a Public Authority. The Standard Conditions may also be used for a Client who is a consumer ie ‘a natural ral person on acting for pu purposes ms in Consume Consumer outside his trade, business or profession’ but the agreement will be subject to thee Unfair Terms Contracts Regulations 1999. The Regulations require the terms of Agreement,, ie these se Conditions and the Memorandum or Letter of Appointment to be individually negotiated – see Standardd Agreement, 2012 revisio revision: Notes.

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RIBA Agreements 2010, 2012 revision are produced in association with:

Individual architects are required to be registered with the Architects cts Registration istration Board, and are su subject to its Code and to the disciplinary sanction of the Board in relation to complaints professional conduct ts of unacceptable profes or serious professional incompetence. All parties must rely exclusively upon their own skill and judgement when using udgement dgement or upon their the advisers w components from the suite of RIBA Agreements 2010, 2012 revision, and neither RIBA nor RIBA Enterprises Ltd R no assumes any liability to any user or any third party. Copyright Licence

 This publication is for the sole use of the e purchaser.  You may use it for one professional services ervicess contract only.  You and the other party to your contract ntract may ay distribute copie copies of th this publication to advisers and to other

ection with the proper pe performanc of your contract. persons as necessary in connection performance

 In any other case, you may not distribute tribute or reproduce the whole wh or any part of this document in any work,

ectronic c or any other form, w withou whether in hard copy, electronic without the prior written consent of RIBA Enterprises Ltd.  You may not use the RIBA BA initials or logo unless you are aan RIBA chartered member or RIBA chartered practice.

Notes on using components mponents onents in PDF format

Conditions of Appointment available as locked PDFs. They are copyright protected as literary ntment ment and guides are avail availa works and cannot be edited. dited. Amendments Amendme to tthe Conditions, if needed, are made by hand on the face of the document or in a separate appendix. appendix When downloaded from the website ebsite – www.ribabookshops.com/agreements – Conditions of Appointment will include the project details – name of project, client and architect or consultant – in the identification box and as a footer on each page inserted by the purchaser online. An agreement in electronic format will comprise the Conditions together with the core and/or other components that are also available online in Rich Text Format (RTF) as required. These components, eg schedules and notes and model letters, can be customised using most commonly used word-processing software, such as MS Word, to meet project requirements or modified to match the house style of the practice.

Copyright notice © Royal Institute of British Architects, 2010, 2012 Standard Conditions of Appointment for an Architect, 2012 revision Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA First published 2010; updated September 2011 Revised edition published 2012 RIBA Publishing is part of RIBA Enterprises Ltd. www.ribaenterprises.com

2

1 1.1

Ê Ê Ê

Definitions and interpretation etc. Definitions Where defined terms are used in this Agreement they are distinguished by an initial capital letter. The following definitions apply to all documents comprising this Agreement and are in addition to those set out elsewhere in this Agreement. Brief means the latest statement of requirements for the Project issued or approved by the Client: UÊ >Ìʈ˜Vi«Ìˆœ˜]Ê>˜Þʈ˜ˆÌˆ>ÊÃÌ>Ìi“i˜ÌÊLÞÊ̅iÊ ˆi˜ÌÆ UÊ >vÌiÀÊV>ÀˆvˆV>̈œ˜ÊœvÊ̅iʜLiV̈ÛiÃ]Ê̅iÊ iÈ}˜Ê ÀˆivÊ­œÀÊ"ÕÌ«ÕÌÊ-«iVˆvˆV>̈œ˜®ÆÊ>˜` UÊ >˜ÞÊÃÕLÃiµÕi˜ÌÊ`iÛiœ«“i˜Ìʈ˜ÌœÊ̅iÊ*ÀœiVÌÊ Àˆiv° The Brief shall include any information or drawings prepared by or on behalf of the Architect and approved by the Client during the development of the Brief. vÀœ“ " Collaborateʓi>˜ÃÊ̜ÊVœ‡œ«iÀ>ÌiÊ܈̅Ê>˜`Ê̜ʫÀœÛˆ`iÊ̜ʜÀÊÀiViˆÛiÊvÀœ“Ê"̅iÀÊ*iÀܘÃ]Ê>ÃÊ>˜`Ê܅i˜Ê ork or service requested, information reasonably necessary for performing work services and, where the nformation. Architect considers itself competent to do so, to comment on such information.

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Standard Conditions of Appointment for an Architect, 2012 revision

Archite Confidential Information means all information relating to the Client’s and the Arch Architect’s business ceives or acquires from the othe and affairs which either party directly or indirectly receives other party or any nic mail or verbally. verba representative of the other party either in writing, by electronic ruction and Regeneration Regene Construction Acts means the Housing Grants Construction Act 1996 and the Local onstruction ction Act 2009 2009. 9 Democracy Economic Development and Construction

Ê Ê Ê

Ê Ê Ê Ê Ê Ê Ê Ê Ê

Construction Cost means: ˜ÃÌÀÕV̈˜} V̈˜} ̅i …i *ÀœiVÌ >à ëiVˆvˆi à ÊUÊ ÌÊ …iÊ ˆi˜Ì½Ãʈ˜ˆÌˆ>ÊLÕ`}iÌÊvœÀÊVœ˜ÃÌÀÕV̈˜}Ê̅iÊ*ÀœiVÌÊ>ÃÊëiVˆvˆi`ʈ˜Ê̅iÊ*ÀœiVÌÊ >Ì>ʜÀÊ܅iÀiʘœÊ air and reasonable sonable amo amount; or su such amount is specified a fair subsequently Ài«>Ài`` iÃ̈“>Ìi >««ÀœÛi` >««ÀœÛi LÞ Ì… ÊUÊ Ì…iʏ>ÌiÃÌÊ«ÀœviÃȜ˜>ÞÊ«Ài«>Ài`ÊiÃ̈“>ÌiÊ>««ÀœÛi`ÊLÞÊ̅iÊ ˆi˜ÌÆʜÀÊ܅iÀiÊ>««ˆV>Li ÌÀÕV̈˜} ̅i …i *ÀœiVÌ VÌ Õ«œ˜ >}Àii“ UÊ ÌÊ …iÊ>VÌÕ>ÊVœÃÌʜvÊVœ˜ÃÌÀÕV̈˜}Ê̅iÊ*ÀœiVÌÊÕ«œ˜Ê>}Àii“i˜ÌʜÀÊ`iÌiÀ“ˆ˜>̈œ˜ÊœvÊ>Êvˆ˜>Ê>VVœÕ˜ÌÊvœÀÊ the Project; and imitation): n): includes (without limitation): ˜iÜ œv >˜ÞÞ iµÕˆ«“i˜Ì >˜`ɜÀ “ UÊ ÌÊ …iÊVœÃÌÊ>ÃʈvʘiÜʜvÊ>˜ÞÊiµÕˆ«“i˜ÌÊ>˜`ɜÀʓ>ÌiÀˆ>ÃÊ«ÀœÛˆ`i`ʜÀÊ̜ÊLiÊ«ÀœÛˆ`i`ÊLÞÊ̅iÊ ˆi˜ÌÊ̜Ê>Ê or for installation nstallation during co construc contractor construction of the project; iVÌ ÜœÀŽÃ ÀŽÃ V>ÀÀˆi` œÕÌ LÞ œÀ œ˜ L UÊ >Ê ˜ÞÊ`ˆÀiVÌÊܜÀŽÃÊV>ÀÀˆi`ʜÕÌÊLÞʜÀʜ˜ÊLi…>vʜvÊ̅iÊ ˆi˜ÌÆÊ>˜` ۈȜ˜ vœÀ v Vœ˜ÌÀ>V̜À½Ã «ÀœvˆÌ « >˜` UÊ «Ê ÀœÛˆÃˆœ˜ÊvœÀÊVœ˜ÌÀ>V̜À½ÃÊ«ÀœvˆÌÊ>˜`ʜÛiÀ…i>`ÃÆÊ>˜` cludes: ude excludes:
``i` />ÝÆ UÊ 6>Õi 6>ÕiÊ
``i`Ê/>ÝÆÊ iÃÆ UÊ viiÃÆ œÃÌà ÃÌà œv Ài܏Ṏœ˜ ÀiÜ UÊ Ì…iÊVœÃÌÃʜvÊÀi܏Ṏœ˜ÊœvÊ>˜ÞÊ`ˆÃ«ÕÌiÆ ˜Ì½Ã ̽ i}>  >˜ UÊ Ì…iÊ ˆi˜Ì½Ãʏi}>Ê>˜`ʈ˜‡…œÕÃiÊiÝ«i˜ÃiÃÆ ˜`ɜÀ UÊ >˜ÞʏœÃÃÊ>˜`ɜÀÊiÝ«i˜ÃiÊ«>ޓi˜ÌÃÊ«>ˆ`Ê̜Ê>ÊVœ˜ÌÀ>V̜ÀÆ UÊ >˜ÞÊ>`ÕÃ̓i˜ÌÊvœÀÊ>˜ÞʏˆµÕˆ`>Ìi`Ê`>“>}iÃÊ`i`ÕVÌi`ÊLÞÊ̅iÊ ˆi˜Ì°

Other Person means any person, company or firm, other than the Architect or any sub-consultant of the Architect, including but not limited to consultants, contractors, sub-contractors, specialists, site inspectors or clerks of works, statutory bodies or undertakers, approving or adopting authorities, who have performed or will perform work or services in connection with the Project. Project is defined in the Project Data. Project Data means the matters set out in the ‘Project Data’ schedule, which may be varied by agreement. Services means the services to be performed by the Architect specified in the ‘Services’ schedule, which may be varied by agreement. Timetable means the Client’s initial programme for performance of the Services as specified in the Project Data, or where no such programme is specified it shall be a fair and reasonable period. Subsequently, the Timetable shall be the latest programme approved by the Client. 3

1.2

1.3

Interpretation The headings and notes to the Conditions are for convenience only and do not affect interpretation. Words denoting natural persons include corporations and firms and vice versa. Communications Any notice or other document required under this Agreement shall be in writing and given or served by any effective means to the address of the recipient specified in this Agreement or such other address, including a postal address or fax number notified to the other party. Communications between the Client and the Architect that are not such notices or documents may be sent to any other address, including an email address, notified by the other party as an appropriate address for specific communications. Communications take effect on receipt, but are of no effect unless and until confirmed by the recipient or the other party in writing or by email. d (sub Communications sent by special delivery or recorded delivery shall be deemed (subject to proof to the g day after fter pposting. contrary) to have arrived at the appropriate address on the second working

1.4

1.5

1.6

2 2.1

Public holidays ed period od of days from a sp spec Where under this Agreement an action is required within a specified specified eriod shall hall include Satu Saturdays an date, that period commences immediately after that date. The period and Sundays but shall exclude any day that is a public holiday.

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Standard Conditions of Appointment for an Architect, 2012 revision

Duration e Clientt and the Architect Archi as long as necessary to The provisions of this Agreement continue to bind the ns. give effect to their respective rights and obligations. Applicable law gland and Wales or Nor Northern Ire This Agreement is subject to the law of England Ireland or Scotland as ct to clause ause 9.3 the parties subm specified in the Project Data and subject submit to the exclusive jurisdiction of the specified jurisdiction.

hitect Obligations and authority of the Architect

Duty of care se reasonable skill, care and diligence in accordance with the normal The Architect shall exercise e Architect’s profession iin perfor standards of the performing the Services and discharging all the obligations use se 22. under this clause

2.2

Duty to inform all keep eep the Cl Client in The Architect shall informed of progress in the performance of the Services and of any Bri the Construction Cost, the Timetable, or the quality of the Project. issue that may affectt the Brief,

2.3

m the Client upon becoming aware of: The Architect shall inform

Ê

Ӱΰ£Ê >Ê Ê˜ii`Ê̜Ê>««œˆ˜ÌÊ"̅iÀÊ*iÀܘÃÊ̜ʫiÀvœÀ“ÊܜÀŽÊœÀÊÃiÀۈViÃʈ˜ÊVœ˜˜iV̈œ˜Ê܈̅Ê̅iÊ*ÀœiVÌÆÊ and/or

Ê

ӰΰÓÊ >Ê ˜Þʈ˜vœÀ“>̈œ˜]Ê`iVˆÃˆœ˜ÊœÀÊ>V̈œ˜ÊÀiµÕˆÀi`ÊvÀœ“Ê̅iÊ ˆi˜ÌʜÀÊ"̅iÀÊ*iÀܘÃʈ˜ÊVœ˜˜iV̈œ˜ÊÜˆÌ…Ê performance of the Services.

Ó°{Ê

4

Collaboration Ê/…iÊ
ÀV…ˆÌiVÌÊÅ>Ê œ>LœÀ>ÌiÊ܈̅Ê"̅iÀÊ*iÀܘÃʘ>“i`ʈ˜Ê̅iÊ*ÀœiVÌÊ >Ì>ʜÀÊ܅œÊV>˜ÊÀi>ܘ>LÞÊ be expected to perform work or services and, as applicable, shall integrate relevant information received from such persons into the Architect’s work.

2.5

Architect’s authority The Architect shall act on behalf of the Client in the matters set out or necessarily implied in this Agreement or in project procedures agreed with the Client from time to time, but has no authority, without the Client’s prior approval: 2.5.1 to enter into any contractual or other commitment on behalf of the Client;

Ê

Ó°x°ÓÊ ÌœÊÌiÀ“ˆ˜>ÌiÊ̅iÊi“«œÞ“i˜ÌʜvÊ"̅iÀÊ*iÀܘÃÊ>««œˆ˜Ìi`ÊLÞÊ̅iÊ ˆi˜ÌÆʜÀÊ 2.5.3 to make or cause to be made any material alteration to or addition to or omission from the Services or the approved design. In the event of an emergency, the Architect may issue instructions to a contractor to prevent danger to persons or material damage to the Project without the Client’s prior approval, and shall confirm such action in writing to the Client without delay.

2.6

2.7

2.8

2.9

Architect’s Representative The Architect’s Representative shall have full authority to actt on behalf for all half of the Architect Ar purposes in connection with performance of the Services save where the contrary. ere advised to tth

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Standard Conditions of Appointment for an Architect, 2012 revision

Photography The Architect shall have the right to publish photographs shall give ographs of the Project, and the Client C reasonable access to the Project for this purpose completion of the ose for two years after practical pra construction works. Publicity ent of the Client, which consent c s The Architect shall obtain the consent shall not be unreasonably withheld or delayed, before publication about the Project, unless reasonably ication off any other information in necessary for performance off the Services. ervices Confidentiality The Architect shall nott disclose ose Confidential Information In Informat unless:

2.9.1 disclosuree is necessary performance of the Services, or in order to take sary for the proper p per professional or the Services, or in order to obtain/maintain sional advice in relation to this Agreement A insurance rance cover over as required by b this Agreement; 2.9.2 it is in the public domain due to wrongful use or disclosure; or domai other than t 9.33 disclosure is required by law l or because of disputes arising out of or in connection with this 2.9.3 Agreement.

3

auth Obligations and authority of the Client

3.1

Client’s Representative The Client’s Representative shall have full authority to act on behalf of the Client for all purposes in connection with the matters set out in this Agreement save where advised to the contrary.

3.2

Information, decisions, approvals, etc The Client shall supply the initial statement of the Client’s requirements and shall advise the relative priorities of the Client’s requirements, the Brief, the Construction Cost and the Timetable.

3.3

The Client shall provide, free of charge, all the information in the Client’s possession, or reasonably obtainable, which is necessary for the proper and timely performance of the Services and the Architect shall be entitled to rely on such information.

3.4

The Client shall give decisions and approvals and shall take such actions necessary for the proper and timely performance of the Services.

5

3.5 3.6

3.7

3.8

Ê

Instructions The Client (or the Lead Consultant, or other consultant designated by the Client) may issue reasonable instructions to the Architect. Where the Architect has responsibility to direct and/or co-ordinate the work or services of or give ˆ˜ÃÌÀÕV̈œ˜ÃÊ̜Ê"̅iÀÊ*iÀܘÃ]ÊÃÕV…ʈ˜ÃÌÀÕV̈œ˜ÃÊÅ>ÊLiʈÃÃÕi`ʜ˜ÞÊ̅ÀœÕ}…Ê̅iÊ
ÀV…ˆÌiVÌÊ>˜`Ê̅iÊ Architect shall not be responsible for any instructions issued otherwise. Applications for consent The Client shall instruct the making of applications for consents under planning legislation, building acts, regulations or other statutory requirements and from others having an interest in the Project. The Client shall pay any statutory charges and any fees, expenses and disbursements in respect of such applications. Appointment of Other Persons equire the Client Where work or services, other than those to be performed by the Architect,, are require required, œÀ ÃiÀۈVià Vià >˜` Å Å>Ê>««œˆ˜ÌʜÀʜ̅iÀ܈ÃiÊi˜}>}iÊ"̅iÀÊ*iÀܘÃÊ̜ʫiÀvœÀ“ÊÃÕV…ÊܜÀŽÊœÀÊÃiÀۈViÃÊ>˜`ÊÅ>ÊÀiµÕˆÀiÊ them to Collaborate with the Architect.

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Standard Conditions of Appointment for an Architect, 2012 revision

œ Li «iÀvœÀ“i` iÀvœÀ“i` LÞ L "̅iÀ "̅i *iÀܘ /Ê …iÊ ˆi˜ÌÊÅ>ÊVœ˜vˆÀ“ʈ˜ÊÜÀˆÌˆ˜}Ê̜Ê̅iÊ
ÀV…ˆÌiVÌÊ̅iÊÃiÀۈViÃÊ̜ÊLiÊ«iÀvœÀ“i`ÊLÞÊ"̅iÀÊ*iÀܘÃ]Ê ent. their disciplines and the expected duration of their employment. arrant the he competence, performa pe The Client acknowledges that the Architect does not warrant performance, work, ܘð ÃiÀۈViÃ]Ê«Àœ`ÕVÌÃʜÀÊ܏Ûi˜VÞʜvÊ>˜ÞÊÃÕV…Ê"̅iÀÊ*iÀܘð

3.9

3.10

o undertake construct construction works and not the Architect The Client shall hold the contractor appointed to onal methods necessary ffor the proper carrying out and responsible for the management and operational ompliance nce with the building build con completion of the construction works in compliance contract or contracts. Time and cost oes not war warrant: The Client acknowledges that the Architect does

on and other approvals fro from thir 3.10.1 that planning permission third parties will be granted at all, or in ny anticipated ted time-scale; time-sca accordance with any

Ê

3.11

3.12

3.10.2 compliance with thee Construction Cost and/o and/or the Timetable, which may need to be reviewed atters as, but not limite limited to: for such matters roved oved variations arising fr from des (a) approved design development or requested by the Client; riation tion in market prices; (b) variation ÞÃà V>ÕÃi` V>ÕÃi LÞ >˜Þ "̅iÀ iÀ * Ê ­V®ÊÊ`i>ÞÃÊV>ÕÃi`ÊLÞÊ>˜ÞÊ"̅iÀÊ*iÀܘÆÊ>˜`ɜÀÊ>˜Þʜ̅iÀÊv>V̜ÀÃÊLiޜ˜`Ê̅iÊVœ˜ÌÀœÊœvÊ̅iÊ ct; Architect; ery at any a time tim of previously unknown conditions. (d) the discovery Legal advice The Client shall procure such legal advice and provide such information and evidence as required for ̅iÊÀi܏Ṏœ˜ÊœvÊ>˜ÞÊ`ˆÃ«ÕÌiÊLiÌÜii˜Ê̅iÊ ˆi˜ÌÊ>˜`Ê>˜ÞÊ"̅iÀÊ*iÀܘ° Confidentiality The Client shall not disclose Confidential Information unless: 3.12.1 disclosure is necessary to take professional advice in relation to this Agreement or the Services; 3.12.2 it is in the public domain other than due to wrongful use or disclosure; or 3.12.3 disclosure is required by law or because of disputes arising out of or in connection with this Agreement.

6

4

Assignment and sub-contracting Assignment [1] Neither the Architect nor the Client shall at any time assign the benefit of this Agreement or any rights arising under it without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.

4.1

Sub-contracting With the consent of the Client, which consent shall not be unreasonably withheld or delayed, the Architect may appoint a sub-consultant or sub-consultants to perform part of the Services. Any such sub-contracting shall not relieve the Architect of responsibility for carrying out and completing the Services in accordance with this Agreement. Such consent shall not be required in respect of agency or self-employed staff.

4.2

4.3

Ê

5 5.1

5.2

Specialist services If during performance of the Services it is the Architect’s opinion that benefit the Client, the at it would w
ÀV…ˆÌiVÌʓ>ÞÊÀiVœ““i˜`Ê̅>ÌÊ̅iÊ ˆi˜ÌÊ>««œˆ˜ÌÃÊ"̅iÀÊ*iÀܘÃÊ܈̅Ê>««Àœ«Àˆ>Ìiʎ˜œÜi`}iÊ>˜`Ê Ã ÜˆÌ… >««Àœ experience to perform part of the Services. If the Client agreess to make ke such appointment, ap it shall be “>`iÊ܈̅œÕÌÊ՘`ÕiÊ`i>Þ°Ê"˜ÊÃÕV…Ê>««œˆ˜Ì“i˜ÌÊ̅iÊ ˆi˜ÌÊÅ>Ê}ˆÛiÊÜÀˆÌÌi˜Ê˜œÌˆViÊ̜Ê̅iÊ
ÀV…ˆÌiVÌ]Ê Ã…> }ˆÛi Ûi ÜÀˆÌÌi˜ Ü ˜œÌˆV who shall be relieved of responsibility and liability for that at element ment of the Services. Services

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Àܘð /…iÊ
ÀV…ˆÌiVÌÊÅ>Ê œ>LœÀ>ÌiÊ܈̅ÊÃÕV…Ê"̅iÀÊ*iÀܘð

Fees and expenses

Calculation of fees ervices and/or any additional additio services se The fees for performance of the Services shall be calculated in F accordance with this clause 5 and ass specified in the Fees and Expenses Schedule, 2012 revision, ent. or in the Letter of Appointment. Basic Fee erformance ance of the Services Service shall shal be: The Basic Fee for performance

he Project iss for the design desi and carrying c 5.2.1 where the out of construction works, including the specified the construction period: ified number umber of site visits during d (a)) a percentage applied to the Construction Cost in accordance with clause entage or percentages per a 5.4; and/or (b) with clause 5.5; and/or (b a lump mp sum or sums sum in accordance ac (c) time charges in accordance with clause 5.6; and/or accor ac (d) any combination of these; and/or (e) method. e) another agreed a her professional profe 5.2.2 for other services: (a) a lumpp sum s or sums in accordance with clause 5.5.1; and/or (b) time charges in accordance with clause 5.6; and/or (c) another agreed method.

x°ÎÊ

Other fees Ê œÀÊ«iÀvœÀ“>˜ViʜvÊ"̅iÀÊ-iÀۈViÃÊëiVˆvˆi`ʈ˜Ê̅iÊ-iÀۈViÃÊÃV…i`Տi]ÊLÕÌʘœÌʈ˜VÕ`i`ʈ˜Ê̅iÊ >ÈVÊ Fee, the fee for each service shall be: 5.3.1 a lump sum or sums in accordance with clause 5.5.1; and/or 5.3.2 time charges in accordance with clause 5.6; and/or 5.3.3 another agreed method. [1] Assignation in Scotland.

7

5.4

5.5

Percentage fees Where this clause 5.4 applies, and subject to clause 5.8.2, the Basic Fee shall be the specified percentage applied to the actual Construction Cost: Lump sums Where this clause 5.5 applies, and subject to clause 5.8.2, the Basic Fee shall be: 5.5.1 the specified lump sum or lump sums; or 5.5.2 a lump sum or lump sums for each work stage calculated by applying the specified percentages to the Construction Cost on completion of Work Stage D; or 5.5.3 a lump sum for each work stage calculated by applying the relevant specified percentage to the Construction Cost at the end of the previous stage.

5.6

5.7

Time charges ying the time Where this clause 5.6 applies, the time-based fee shall be ascertained by multiplying ourly orr daily rate fo reasonably spent in the performance of the Services by the specified hourly for the tion with perform perfo relevant personnel. Time ‘reasonably spent’ includes the time spent in connection performance ct’s office. fice. of the Services and in travelling from and returning to the Architect’s

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Revision of lump sums and other rates ess anyy amounts previous previously claim Every 12 months, lump sums complying with clause 5.5, less claimed, and anges in the Avera Average Ea rates for time charges shall be revised in accordance with changes Earnings Index rdance with changes chan in tthe Consumer Price and rates for mileage and printing shall be revised in accordance Index. Each 12 month period shall commence on thee anniversary sary of the Effective Eff Date of this Agreement specified in the Project Data, or where clause 5.5.2 or 5.5.3 applies the date of calcula calculation of the lump sums.

5.8

Fee adjustment The Basic Fee shall be adjusted:

ance for any ny loss and/o and/or expense if: 5.8.1 including due allowance ges are re made to the Brie Brief and/o (a) material changes and/or the Construction Cost and/or the Timetable, e extentt that any change arises ar ffrom a breach of this Agreement by the Architect; save to the and/or (b) the Services ervices are varied by agr agreemen agreement; ercentage fees in accord accordan with clauses 5.4, 5.5.2 or 5.5.3 apply, to compensate for 5.8.2 wheree percentage accordance ction of the Constructio any reduction Construction Cost arising solely from deflationary market conditions not he Effective Effecti Dat prevailing att the Date. 5.9

Additional fees Where the Architect for reasons a beyond the Architect’s reasonable control incurs extra work or loss and expense for which the Architect would not otherwise be remunerated, the Architect shall be entitled to additional fees calculated on a time basis as set out in clause 5.6 unless otherwise agreed. Matters in relation to which the Architect shall be entitled to additional fees include but are not limited to circumstances where: 5.9.1 the Architect is required to vary any item of work commenced or completed pursuant to this Agreement or to provide a new design after the Client has authorised the Architect to develop an approved design; 5.9.2 the nature of the Project requires that substantial parts of the design cannot be completed or must be specified provisionally or approximately before construction commences; 5.9.3 performance of the Services is delayed, disrupted or prolonged; and

8

5.9.4 the cost of any work, installation or equipment for which the Architect performs Services is omitted from or not included in the Construction Cost. The Architect shall inform the Client on becoming aware that this clause 5.9 will apply. This clause 5.9 shall not apply to the extent that any adjustment under clause 5.8.1 applies to the same events or to any other change or extra work or expense which arises from a breach of this Agreement by the Architect. Supplementary agreements If the Architect consents to enter into any supplementary agreement, the terms of which are agreed by the Architect after the date of this Agreement, the Architect shall be entitled to payment of the Architect’s reasonable costs of assuming such additional liability, including but not limited to legal advice, and the amount of any additional professional indemnity insurance premium.

5.10

Tender not accepted er or tenders nders for work or services in Where the Architect is instructed by the Client to invite a tender ted, the Architect shall sha be entitled to fees connection with the Project but no tender is made or accepted, due up to and including RIBA Work Stage H applied to thee Construction ruction Cost or that tha part p of it relating to the said work or services current at the date of invitation ation to o tender.

5.11

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Expenses and disbursements The Client shall reimburse the Architect for expenses xpensess in the manner spe specified in the Schedule of Fees and Expenses.

5.12

Maintain records The Architect shall maintain records Services performed on a time basis for the ds of time spent on Servic per purpose of verifying charges under shall in addition der clause ause 5.6 and shal addit maintain records of any expenses and disbursements to be reimbursed shall make such records available to mbursedd at net cost. The Architect Archite A the Client on reasonable request.

5.13

5.14

[2]

Payment notices The Architect shall all issue payment noti notices at the iintervals specified in the schedule of Fees and expenses. ce shallll comprise the Architect’s Architect’ account setting out the sum that the Architect considers to Arc Each notice be due at the payment due date da including includ all accrued instalments of the fee and other amounts due, lesss any amounts previously paid and an stating the basis on which that sum is calculated , which shall e ‘the the notified sum.’ The pa paymen be payment due date shall be the date of the Architect’s payment notice. Instalments alments of fees shall be calculated c on the Architect’s reasonable estimate of the percentage of etionn of the Services Se completion or stages or other services or any other specified method. hall pay th The Client shall the notified sum within 14 days of the date of issue of the relevant notice (which nal date d for payment’) unless: shall be the ‘final (a) The Architect has become insolvent (as defined in the Construction Acts at any time between the last date on which the Client could have issued the Notice under 5.15 and the final date for payment); (b) The Client issues a notice under 5.15.

Ê

Ê Ì…iÀ܈ÃiÊ̅iÊ>“œÕ˜ÌÊ`ÕiÊ>˜`Ê«>Þ>LiÊÅ>ÊLiÊ̅iʘœÌˆvˆi`ÊÃՓ°Ê/…iÊ ˆi˜ÌÊÅ>Ê˜œÌÊ`i>ÞÊ«>ޓi˜ÌʜvÊ " any undisputed part of the notified sum. The Architect shall submit the final account for fees and any other amounts due when the Architect reasonably considers the Services have been completed. [2] In the event of non-payment of any amount properly due to the Architect under this Agreement, the Architect is entitled to

interest on the unpaid amounts under the provisions of clause 5.19, may suspend use of the licence under the provisions of clause 6, may suspend or terminate performance of the Services and other obligations under the provisions of clause 8, or may commence dispute resolution procedures and/or debt recovery procedures.

9

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5.15

Notice of intention to pay less If the Client intends to pay less than the notified sum the Client shall give a written notice to the Architect not later than five days before the final date for payment specifying the amount that the Client considers to be due on the date the notice is served, the basis on which that sum is calculated and, if any sum is intended to be withheld, the ground for doing so or, if there is more than one ground, each ground and the amount attributable to it. The Client shall on or before the final date for payment make payment to the Architect of the amount if any specified in the written notice. If no such notice is given the amount due and payable shall be the notified sum stated as due in the Architect’s account. The Client shall not delay payment of any undisputed part of the account. If the Client issues such a notice and the matter is referred to an adjudicator who decides that an additional sum greater than the amount stated in the notice of intention to pay less is due, the Client shall pay that sum within seven days of the date of the decision or the date which apart from the notice would have been the final date for payment.

5.16

Set-off ement unless tthe amount The Client shall not withhold any amount due to the Architect under thiss agreement unal to which ich the matter is has been agreed with the Architect or has been decided by any tribunal referred as not being due to the Architect. ent would otherwise be entitled to All rights of set-off at common law or in equity which the Client exercise are expressly excluded.

5.17

Payment on suspension or termination ce of any or all of the Serv Services oor terminates If the Architect or the Client suspends performance gations ions the Architect shall sh issue an account or performance of the Services and/or other obligations le and the e Architect sh shall be ent accounts as soon as reasonably practicable entitled to: prope due tto the date of the last instalment 5.17.1 payment of any part of the fee and otherr amounts properly mount up to the date of ter terminati and a fair and reasonable amount termination or suspension; and e under clause 6; an 5.17.2 payment of any licence fee due and damage cause 5.17.3 reimbursement of any losss and/or damages caused to the Architect by reason of the he termination, mination, save where wher the Client gives notice of suspension or termination suspension or the he material or persistent persis breac by reason of the breach of the Agreement by the Architect.

5.18

5.19

orr suspension is remedied remedied, the A If the reason for Architect shall be entitled to reimbursement of the sts of resumption of perform perf reasonable costs performance of the Services and other obligations in accordance 1.44 (a) and whether or not the reason for the suspension is remedied, the Architect shall with clause 8.1.4 o a reasonabl reasonable amou also be entitled to amount in respect of costs and expenses reasonably incurred by the Architect as a result of the eexercis exercise of the Architect’s right to suspend performance. Late payment In the event that any amounts are not paid by the Client or the Architect when properly due, the Architect shall be entitled to simple interest on such amounts until the date that payment is received at the daily rate equivalent to 8% per year over the dealing rate of the Bank of England Rate current at the date that payment becomes overdue, together with such costs reasonably incurred and duly mitigated by the Architect (including costs of time spent by principals, employees and advisors) in obtaining payment of any sums due under this Agreement. The Architect’s entitlement to interest at the specified rate shall also apply in respect of any amounts that are awarded in adjudication, arbitration or legal proceedings.

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5.20

Recovery of costs The Client or the Architect shall pay to the other party who successfully pursues, resists or defends any claim or part of a claim brought by the other: 5.20.1 such costs reasonably incurred and duly mitigated (including costs of time spent by principals, employees and advisors) where the matter is resolved by negotiation or mediation; or 5.20.2 such costs as may be determined by any tribunal to which the matter is referred.

VAT x°Ó£Ê ʘÊ>``ˆÌˆœ˜Ê̜Ê̅iÊviiÃÊ>˜`ÊiÝ«i˜ÃiÃ]Ê̅iÊ ˆi˜ÌÊÅ>Ê«>ÞÊ>˜ÞÊ6>ÕiÊ
``i`Ê/>ÝÊV…>À}i>Liʜ˜Ê̅iÊ Architect’s fees and expenses.

6 6.1

6.2

6.3

Copyright and use of information Copyright The Architect shall own all intellectual property rights including ding thee copyright in tthe original work produced in the performance of the Services and generally moral rights to be lly asserts the Architect’s m identified as the author of such work.

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without tthe consent of the No part of any design by the Architect may be registered gistered[3] byy the Client w Architect in writing. Use of information The Client shall have a licence to copyy and use drawings, documents docum and all other such work produced by or on behalf of the Architect chitect ct in performing the Services, Service hereinafter called the ‘Material’. The Material may be used for the construction nstruction of the Project P aand for the operation, maintenance, ation, promotion, omotion, leasing and/or sale of the Project. The Material may not repair, reinstatement, alteration, be used for reproductionn of the design ign for any part p of any an extension of the Project, and/or for any other project except on payment yment of a licence fee fe spe specified in this Agreement or subsequently agreed.

Ê

œv ̅i >ÌiÀˆ> iÀˆ> LÞ >˜ "̅iÀ "Ì *iÀÃ Ê œ«Þˆ˜}ʜÀÊÕÃiʜvÊ̅iÊ>ÌiÀˆ>ÊLÞÊ>˜Ê"̅iÀÊ*iÀܘÊÅ>ÊLiÊ`ii“i`Ê̜ÊLiÊ«iÀ“ˆÌÌi`Ê՘`iÀÊ>Ê

sub-licence grantedd by the Client, whether whe ssuch Material was issued by the Client or on the Client’s behalf. half. The Architect shall not be liab liable if the Material is modified other than by or with the consent of the rchitect hitect or used for any purpose pu Architect other than the purposes for which it was prepared. Provided ided ded that: th

6.3.1 if it is intended intend to make any permitted use after the date of the last Service performed under this Agreement: greemen (a) the Architect, following a request from the Client, shall confirm the degree of completion of rch the Material; and (b) the Client shall pay to the Architect any specified licence fee or a reasonable licence fee; 6.3.2 if at any time the Client is in default of payment of any fees or other amounts properly due, the Architect may suspend further use of the licence and any sub-licences on giving seven days’ notice of the intention of doing so. Use of the licence may be resumed on receipt of such outstanding amounts; 6.3.3 the Client obtains or ensures that any third party obtains any necessary licence and pays any fees arising for access to any software used to produce any of the Material.

[3] Under the Registered Designs Regulations 2001.

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6.4

7 7.1

7.2

Patents etc The Basic Fee for performance of the Services shall include all royalties, licence fees or similar expenses in respect of the making, use or exercise by the Architect of any invention or design for the purpose of performing the Services.

Liability and insurance Time limit for action or proceedings No action or proceedings arising out of or in connection with this Agreement whether in contract, in tort[4], for negligence or breach of statutory duty or otherwise shall be commenced after the expiry of the period specified in the Project Data from the date of the last Services performed under this Agreement or, if earlier, the date of practical completion of construction of the Project or such earlier date as prescribed by law. Limit of liability In any such action or proceedings:

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mount of the Architect’s Archite 7.2.1 The Architect’s liability for loss or damage shall not exceed the amount professional indemnity insurance specified in the Projectt Data, providing the Architect Arc has h in notified the insurers of the relevant claim or claims ass required by the terms of such insurance. cer or director rector of a company compan or a member of a 7.2.2 No employee of the Architect, including any officer e Architect, tect, shall be personally per li limited liability partnership or any agent of the liable to the Client bility whatsoever arising from f p for any negligence, default or any other liability performance of the Services. 7.3

Ê

Net contribution A Without prejudice to the provisions of clause 7.2.1, the liability of the Architect shall not exceed such sum as it is just and equitable for the e Architectt to pay having regard to the extent of the Architect’s responsibility for the loss and/orr damage ge in question and on the assumptions that: ǰΰ£Ê >Ê ÊœÌ…iÀÊVœ˜ÃՏÌ>˜ÌÃ]ÊVœ˜ÌÀ>V̜ÀÃÊ>˜`Ê"̅iÀÊ*iÀܘÃʅ>ÛiÊ«ÀœÛˆ`i`Ê̜Ê̅iÊ ˆi˜ÌÊVœ˜ÌÀ>VÌÕ>Ê ] Vœ˜ÌÀ>V̜Àà œÀà >˜` "̅iÀ ̅i *iÀܘà undertakings on terms erms no less onerous than tha those of the Architect under this Agreement; 7.3.2 there are no exclusions ons of or limitations limit of liability lia nor joint insurance or co-insurance provisionss between the Client and any other oth person referred to in this clause; and 7.3.3 all thee persons have paid to the Client such sums as it would be just ersons referred to in this clause cla uitable table for them to pay having hav regard to the extent of their responsibility for that loss and equitable mage. e. and/or damage.

7.4

Professional indemnityy insurance insuranc The Architect shall maintain ain until at least the expiry of the period specified in clause 7.1 professional indemnity insurance with a limit of indemnity of not less than the amount or amounts specified in the Project Data provided such insurance continues to be offered on commercially reasonable terms to the Architect at the time when the insurance is taken out or renewed. Such insurance shall be subject only to such other limitations, exceptions and exclusions as are commonly included in such policies.

7.5

The Architect, when reasonably requested by the Client, shall produce for inspection a broker’s letter or certificate confirming that such insurance is being maintained.

[4] ‘Delict’ in Scotland.

12

7.6

7.7

The Architect shall inform the Client if such insurance ceases to be available at commercially reasonable terms or subsequent to the date of this Agreement any restrictions are attached to the policy or an aggregate limit applies to any matters other than those specified in the Project Data in order that the Architect and Client can discuss the best means of protecting their respective positions. Supplementary Agreements Where it is specified in the Project Data: 7.7.1 that the Architect will be required to enter into a collateral warranty with a third party or third parties and the terms of which together with the names or categories of other parties who will sign similar warranties are appended to this Agreement, the Architect shall enter into such agreement or agreements within a reasonable period of being requested to do so by the Client; 7.7.2 that a Third Party Rights Schedule[5] in favour of a third party or third parties is applicable and appended to this Agreement; the rights of a third party shall come ome into i effect on the date of me of the third party and the receipt by the Architect of a notice from the Client stating the name nature of its interest in the Project; and/or

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7.7.3 that a supplementary agreement is applicable under der which ch the Architect is to provide services lete the e design and construction con to a contractor appointed by the Client to complete of the Project, reement, the Architect shall sha enter ente into such and such agreement is appended to this Agreement, ctor appointed ppointed to complete comple the design d agreement with the Client and the contractor and asonable e period of being requested rreques to do so by the Client. construction of the project within a reasonable

plementary tary agreement or third t pa rights shall confer no It shall be a condition that any such supplementary party ann is conferred to the Client Cl unde this Agreement and that all fees greater benefit to the beneficiaries than under o the Architect hitect have been paid p at the date when it comes into effect. and other amounts properly due to

7.8

8 8.1

Rights of third parties erred by clauses 7.2.2 and 7.7.2, nothing in this Agreement shall confer or is Except for the rights conferred o enforce any of its it terms on any person who is not a party to it other intended to confer any right to es. than lawful assignees.

rmination Suspensionn or termination

Suspension ension Thee provisions for suspension suspensio are:

8.1.11 The Client may suspend suspen or end the performance of any or all of the Services and/or other obligations gations by giving not less than seven days’ notice in writing to the Architect specifying the Services Service affected. affe 8.1.2 The Architect hite may suspend performance of any or all of its obligations on giving not less than seven days’ notice in writing to the Client of the intention and stating the ground or grounds on which it is intended to do so. Such ground or grounds include but are not limited to: (a) that the Client fails to pay any fees or other amounts due by the final date for payment unless, where applicable, the Client has given effective notice under clause 5.15 of the intention to pay less than the amount stated in an Architect’s account; or (b) that the Client is in material or persistent breach of the obligations under this Agreement; or (c) that the Architect is prevented from or impeded in performing the Services for reasons beyond the Architect’s reasonable control; or (d) force majeure. 8.1.3 The Architect shall cease performance of the suspended Services and/or other obligations in an orderly and economical manner on the expiry of the notice period after receipt or giving of a notice of suspension.

[5] Not in Scotland.

13

8.1.4 If the reason for a notice of suspension arises from a default: (a) which is remedied, the Architect shall resume performance of the Services or other obligations within a reasonable period; or (b) which is not remedied by the defaulting party, the other party shall have the right to treat performance of the Services or other obligations affected as terminated on giving reasonable written notice. 8.1.5 Where Services are suspended by either party and not resumed within six months the other Party shall have the right to treat performance of the Services and/or other obligations affected as terminated on giving at least seven days’ further written notice to the other Party. 8.1.6 Any period of suspension arising from a valid notice given under clause 8.1.1 or clause 8.1.2 shall be disregarded in computing for the purposes of any contracting time limit the time taken by the Architect to complete any work directly or indirectly affected by the e exercise of the Architect’s right to suspend performance. 8.2

Termination The provisions for termination are:

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8.2.1 The Client or the Architect may by giving reasonable notice ce to the e other terminate performance perform of the Services and/or other obligations, stating the reasons and asons for doing so and the Services Servi obligations affected. 8.2.2 Performance of the Services and/or other obligations by notice gationss may be terminated terminate immediately imme from either party if: kruptcy ruptcy or is subject to a receiving receiv or administration (a) the other party commits an act of bankruptcy order, and/or goes into liquidation, and/or becomes insolvent, insolven and/or and/ makes any arrangements with creditors; orr (b) the other party becomes unable through death or incapacity. able to perform its obligations obliga th Ê

n°Ó°ÎÊ " Ê ˜ÊÌiÀ“ˆ˜>̈œ˜ÊœvÊ«iÀvœÀ“>˜ViʜvÊ̅iÊ-iÀۈViÃÊ>˜`ɜÀʜ̅iÀʜLˆ}>̈œ˜Ã]Ê>ÊVœ«ÞʜvÊ̅iÊ>ÌiÀˆ>Ê >˜Vi œv ̅i -iÀۈVià iÀۈV >˜`ɜÀ >˜`É œÌ…i deliv not previously provided to the Client, shall be delivered on demand to the Client by the Architect, subject to the terms of the licence 6.3 and payment of any outstanding licenc under clause c fees and other amounts reasonable expenses. mounts due plus the Architect’s Archi r

9

tion[6] Dispute resolution

9.1

The Client and nd the Architect may attempt attem to t settle any dispute or difference arising under the Agreement by negotiation egotiation or mediation, mediation if suitable, or either party may refer the matter to adjudication, arbitration ration tion or legal leg proceedings pro as specified in the Project Data.

9.2

Adjudication Either party may give notice ce at any time of the intention to refer a dispute or difference to an adjudicator. 9.2.1 Referral of the dispute to such adjudicator shall be made within seven days of such notice. 9.2.2 The appointment of the adjudicator shall be made in accordance with the procedures identified in the Project Data. 9.2.3 The parties may agree who shall act as adjudicator or, the adjudicator shall be a person nominated at the request of either party by the nominator specified in the Project Data. 9.2.4 The adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator, in accordance with the provisions of clause 5.20. [6] The Architect is expected to operate in-house procedures to promptly handle complaints and disputes relating to specific project or performance matters.

14

Arbitration The provisions for arbitration are:

9.3

9.3.1 Without prejudice to any right of adjudication, where in the Project Data an arbitration agreement is made and either party requires a dispute or difference (except in connection with the enforcement of any decision of an adjudicator) to be referred to arbitration then that party shall serve on the other party a notice of arbitration to that effect and the dispute or difference shall be referred to a person to be agreed between the parties or, failing agreement within 14 days of the date on which the notice is served, a person appointed by the appointor specified in the Project Data on the application of either party. 9.3.2 Where the law of England and Wales or Northern Ireland is the applicable law: (a) the Client or the Architect may litigate any claim for a pecuniary remedy which does not exceed £5,000 or such other sum as is provided by order made de under section 91 of the Arbitration Act 1996; (b) in such arbitration the Construction Industry Model Arbitration Rules (CIMAR) current at the rbitration ion Rule date of the reference shall apply; and o in Sectionn 38(3) of the Ar A (c) the arbitrator shall not have the power referred to Arbitration Act 1996.

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w such arbitration shall be conducted cond 9.3.3 Where the law of Scotland is the applicable law in accordance with the provisions of the Arbitration tration (Scotland) cotland) Act 22010. 20100.[7]

10

Consumer’s right to cancel[8]

10.1

The consumer Client has the right too cancel ancel this Agreement for any reason by delivering or ancellationn notice to the th Architect Architec at any time within the period sending (including by email) a cancellation Agreem was wa made. of seven days starting from thee date when this Agreement

10.2

on is deemed ed to be served as soon soo as it is posted or sent to the Architect The notice of cancellation ectronic ic communication on the day it is sent to the Architect. or in the case of an electronic

10.3

cted to perform perfo any services se If the Architect was instructed before the Agreement was made or before the end of the sevenn day period and the th instruction instru or instructions were confirmed in writing, the e Architect shall bee entitled to any fees and expenses properly due before the Architect receives the notice cee of cancellation. cancell

10.4

addresse to the th Architect and state: Thee notice is to be addressed

The Client hereby gives giv notice that the RIBA Standard Agreement, 2012 revision with chitect ect name and signed [on our behalf] by on ing> is cancelled. c Client signature(s):

[7] The parties will need to consider whether any of the default rules in the Arbitration (Scotland) Act are to be modified or identified as not applicable. [8] This clause applies where the Project relates to work to the Client’s home or a second home including a new home and the Client is a consumer who is acting for purposes outside his/her trade, business or profession and has signed this Agreement in his/her own name, ie not as a limited company or other legal entity.

15

Incorporating Amendment 1, September 2011

Standard Conditions of Appointment for an Architect, 2012 revision is designed to create a fair balance of risk between the Architect and the Client and sets out the obligations of the parties. It is part of a pack – RIBA Standard Agreements, 2012 revision – Architect – that also contains:

im en

Schedules, 2012 revision: r Project Data, 2012 revision: this component is essential and is used for recording projectspecific details such as the amount of PI Insurance. r Services, 2012 revision, comprises three parts: Role Specifications, defining responsibilities; Design Services, compatible with the RIBA Outline Plan of Work 2007 and suitable for use for designers in any profession; and Other Services, a facility for tailoring the agreement to the project. It can be replaced or added to using electronic schedules ing e available from www.ribabookshops.com/agreements r Fees and Expenses Schedule, 2012 revision: this schedule e is optional and a can be used with any of the RIBA Agreements, 2012 revision. Memorandum of Agreement for the Appointment of an Architect, 2012 20 revision: a formal method of agreeing the contract. Notes, 2012 revision: Part 1 Use and Completion; the Model Letter is on; Part 2 Model Letter: Le signed by hand as a simple contract.

The RIBA Agreements s 2010, 2012 revision su suite of do documents offers a very flexible, versatile system professional services contracts. stem for or creating profess s Printed Versions ns Only the most Agreements 2010, st popular ular RIBA Agreeme 20 2012 revision are published in print in packs with corresponding bundles of core components. A new pack must be esponding b c bought for every new appoint appointment. They Th are completed and amended by hand. Electronic ectronic ic Versions The whole suite of documents is available electronically, including many do components that are not available in print. av They are available fro from www.ribabookshops.com/agreements and are: ■ affordable abl ■ re-usable re-usab ■ convenient for sharing with Clients and others conv ■ easily amended asily am ■ completed electronically. p

S

Licensed copy from CIS: [email protected], Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.

Standard Conditions of Appointment for an Architect 2010 (2012 revision)

Schedules (2012 revision – RIBA Plan an of Work 2013 compatible version) sion))

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Standard Agreement 2010:

This is the Standard Agreement 2010: Schedules hedules (2012 revisio revision) referred to in the Agreement relating to The Project, namely:

between

The Client, namely:

Initials

and

*

*Insert nsert sert ‘The Architect’ Archit A or ‘The Consultant’, namely

Royal Institute of British Architects

Initials

They are also available from www.ribabookshops.com/agreements as separate editable electronic files. Note that the Services Schedule can be replaced if necessary or added to by the following online alternatives: Access Management Services Schedule Contractor’s Design Services Schedule Initial Occupation and Post-occupation Evaluation Services Schedule Historic Building or Conservation Project Services Schedule Multi-disciplinary Design Services Schedule Master Planning Services Schedule rs when using electronic All parties must rely exclusively upon their own skill and judgment or upon their advisers IBA Ent components from the suite of RIBA Agreements 2010, 2012 revision, and RIBA and RIBA Enterprises Ltd do not assume any liability to any user or any third party. Copyright Licence:  This document is for the sole use of the purchaser.  You may use it for one professional services contract only.  You and the other party to your contract may distribute copies off this document ument to adv advisers and to other persons as necessary in connection with the proper performance of your contracts. ontracts.  In any other case, you may not distribute or reproduce the e whole or any part of this docum document in any work, whether in hard copy, electronic or any other form, without hout thee prior written consent co of RIBA Enterprises Ltd.  You may not use the RIBA initials or logo unless you are an RIBA chartered m member or RIBA chartered practice.

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What is this document? This component comprises the schedules for use with the Standard Conditions of Appointment for an Architect, 2012 revision or a Consultant, 2012 revision.

In this updated edition amendments have been made: UÊ ˆ˜Ê̅iÊ*ÀœiVÌÊ >Ì>Ê̜Ê̅iÊÌiÝÌÊÀi>̈˜}Ê̜Ê/ˆ“iÊ>˜`Ê œÃÌÊ>˜`ʈ>LˆˆÌÞÊ>˜`ʘÃÕÀ>˜Vi° i >˜` œÃÌ >˜` >˜ ˆ>LˆˆÌÞ ˆ>LˆˆÌÞ >˜` >˜ ˜ÃÕ schedule wh which includes an additional service UÊ iÊn the Services Schedule to reorganise the Other Services sched ‘Prescribed software for data transfer’. er’. UÊ in the Fees and Expenses schedule le to the e layout.

Copyright notice © Royal Institute of British Architects, 2010, 2012 Schedules, 2012 revision Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA First published 2010; updated September 2011 Revised edition published 2012 RIBA Publishing is part of RIBA Enterprises Ltd. www.ribaenterprises.com

2

THE PROJECT

is acting for business or commercial purposes / is a Public Authority / is a consumer client

The Client

iiÌiÊ՘Ü>˜Ìi`ʜ«Ìˆœ˜Ã°

The Services relate to[1]

at (‘the Site’)

to be procured by[2]

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*ÀœiVÌÊ >Ì>ÊÓä£ä]ÊÓä£ÓÊÀiۈȜ˜

Project description

This box may be deleted if briefing documents are attached – see next entry

[1] Insert Project title. [2] Eg lump sum building contract, design and build, construction management etc.

3

Brief

Briefing document(s) are attached as Appendix[3] :

Conditions

Amendments to the Conditions are attached as Appendix[4] :

Time and cost

The Client wishes the Project to be completed in accordance with the initial Timetable (Project Programme) for [5] : and

the initial Project Budget including the Construction Cost of the Project, ex VAT, ie: or such other date(s) or cost as may be agreed If not stated the time or cost constraints are a fair and reasonable period or amount. ount.

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*ÀœiVÌÊ >Ì>ÊÓä£ä]ÊÓä£ÓÊÀiۈȜ˜

LIABILITY AND INSURANCE

Clauses 7.1, 7.2 and 7.4

The time limit for action or proceedings and insurance urance cover is:

years

[6 If no period is stated the period is six years (or 12 years rs if executed ass a deed).[6]

The amount of PI insurance cover ver to be maintained in res respect of each and every claim

If an aggregate cap applies delete ‘in respect of each and every claim or series of claims arising from the same originating cause’ and insert ‘in the aggregate’.

or series of claims arising ng out of the same origin originating cause ca is:

except where an annual nnual aggregate limit ap applies in respect of pollution ion and contamination ontamination the limit is: i and/or

asbestos tos or fungal funga mould th the limit is:

If no entries ries are made, liability is unlimited. un

7.7 7

Supplementary Agre Agreements applicable to this Agreement

Appendix [7]7]

Collateral Warranty Colla

Third Party Schedule [8] Novation Agreement other

[3] [4] [5] [6]

Insert number or letter. Insert number or letter. Insert the event eg Practical Completion and the target date. If no period is stated, where the law of England and Wales or the law of Northern Ireland applies, the period is six years (or 12 years if executed as a deed). If no period is stated, where the law of Scotland applies, the period is six years where the Agreement is valid but not formally executed in a self proving manner and 12 years where the Agreement is formally executed in a self proving manner, subject to the prior operation of statutory prescription. [7] Select the preferred option and insert number or letter of the appendix. [8RÊ
Ê À>vÌÊ/…ˆÀ`Ê*>ÀÌÞÊ,ˆ}…ÌÃÊ-V…i`ՏiʈÃÊ>Û>ˆ>LiÊ>ÌÊwww.ribabookshops.com/agreements

4

DISPUTE RESOLUTION Clauses 9.1 to 9.3 Mediation

The parties may agree to refer a dispute or difference arising out of this Agreement to the Mediation service of:[9] Delete if mediation is not required.

Adjudication

A dispute or difference arising out of this Agreement may be referred to adjudication in accordance with: CIC Model Adjudication Procedures current at the date of the reference

Select the preferred procedures

The Scheme for Construction Contracts Regulations on [10]

Other

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The RIBA Adjudication Schemee for Consumer nsumer Contracts where the Client is a consumer and d the claim does not exceed: exc

Or for a consumer client

If required, the nominator of the e Adjudicator cator is:

If no nominator is stated, the nominator tor is the Royal Institute of British B Architects. Ar

Litigation or arbitration

Without prejudice ce to any ny right of adjudication, adjudica any a dispute or difference arising out of this Agreement ent is determined rmined by legal proceedings pro proceedin

Select the applicable option

is referred erred to arbitration arbit in accordance with the clause 9.3 except in connection with the t enforcement enf of any decision of an adjudicator

If noo selection is made, legal proceedings procee apply.

Where arbitration arbitratio is chosen c the appointor is the President or Vice-President[11] of:

If no app appointor is stated, the appointor is the President or a Vice-President of the Royal Institute of British Architects.

Applicable law

The law applying to this Agreement is the law of: Unless otherwise stated, the law of England and Wales applies.

Effective date

The effective date of this Agreement is: Unless otherwise stated, the Effective Date is the date on which performance of the Services commenced.

[9] Ê [10] [11]

Mediation services available from Royal Institute of British Architects, Royal Incorporation of Architects in Scotland, ,i܏iÝÊÌ`Ê>˜`Ê
,Ê iÌÊÌ`° As relevant to England and Wales, Scotland or Northern Ireland. Or the President or the Secretary of the Royal Incorporation of Architects in Scotland.

5

PROJECT APPOINTMENTS[12] The Other Persons listed below are or are to be appointed to perform services in connection with the Project: Core Project Roles Client Representative Project Lead Health & Safety Advisor Cost Consultant

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Contract Administrator i>`Ê iÈ}˜iÀÊ

Architect [13]Ê>ÃÊ iÈ}˜iÀÊ

Civil and Structural Engineer >ÃÊ iÈ}˜iÀ Building Services Engineer >ÃÊ iÈ}˜iÀ Additional Roles

Employers Agent

>˜`ÃV>«iÊ iÈ}˜iÀÊ

Site Inspector(s)/Clerk(s) (s) s) Of Works

[12] Insert profession, name and address or ‘to be agreed/notified’. If appropriate, identify particular elements to be included in their responsibilities. Where the appointment of a sub-consultant has been agreed, enter Profession/role in the space to the left of the page and Consultant – Sub-consultant – name and address in the space to the right. [13] ‘Architect’ is a protected title which can only be used by registered architects in the UK.

6

Enter the applicable stages in the right hand box for the Roles to be performed by the appointee Delete or strike through any Roles not included in the Agreement The Services are set out in the parts of this schedule identified below Role Specifications Design Services [14][15] Other Services and additional schedule(s) [16] The Services shall be performed in the specified stages [as defined in the RIBA Plan of Work 2013] and include performance of any specified roles in i the list below. Stages Role Specifications [17]

Project Lead

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Services 2010, 2012 revision

If no Project Lead is appointed then the Client or Client’s Representative resentative ve performs the role.

Health & Safety Advisor

/…iÊ ˆi˜Ì]ʈvÊ`ivˆ˜i`Ê>Ãʼ`œ“iÃ̈VÊ ˆi˜Ì½Êˆ˜Ê̅iÊ Ê,i}Տ>̈œ˜Ã]Ê܈ÊLiÊiÝi“«ÌÊvÀœ“

 ,i}Տ>̈œ˜Ã] Տ>̈œ˜Ã] ܈ Li iÝi“«Ì vÀœ“ vÀœ statutory duties arising including the requirement rement to o appoint a Co-ordinator. Co-ordinat

Cost Consultant

Contract Administrator trator Employer’s Agent

Ê Ê Ê Ê

i>`Ê iÈ}˜iÀ iÈ}˜iÀ iÀ


ÀV…ˆÌiVÌÊ>ÃÊ iÈ}˜iÀ
ÀV…ˆÌiVÌ ÌiVÌ >à iÈ}˜iÀ

ˆÛˆÊ>˜`Ê-ÌÀÕVÌÕÀ>Ê ˜}ˆ˜iiÀÊ>ÃÊ iÈ}˜iÀ

>˜` -ÌÀÕVÌÕÀ>

ˆÛˆ -ÌÀÕVÌÕ ˜}ˆ Ո`ˆ˜}Ê-iÀۈViÃÊ ˜}ˆ˜iiÀÊ>ÃÊ iÈ}˜iÀ Ո`ˆ˜} -iÀۈVià iÀۈVi Site Inspector(s)/Clerk(s) Inspect In of Works

[14RÊ
««ˆV>LiÊÌœÊ iÈ}˜iÀÃʜ˜Þ° [15] Amend reference if a different schedule is used. Other available schedules include Access Consultancy Services, Contractor’s Design Services, Initial Occupation and Post-occupation Evaluation Services, Multi-disciplinary Design Services and Master Planning Services. [16RÊ
««ˆV>LiÊÌœÊ iÈ}˜iÀÃʜ˜Þ° [17] The Specified Roles to include any performed by sub-consultants employed directly by the Architect.

7

8

Preparation and Brief

Strategic Definition

Establish Project Programme. Review Project Programme.

Programme

3

4

Prepare Developed Design, including coordinated and updated proposals for structural design, building services systems, outline specifications, Cost Information and Project Strategies in accordance with Design Programme.

Developed Design

Prepare Technical Design in accordance with Design Responsibility Matrix and Project Strategies to include all architectural, structural and building services information, specialist subcontractor design and specifications, in accordance with Design Programme.

Technical Design

5

Undertake third party consultations as required and conclude Research and Development aspects.

Review and update Project Execution Plan, including Change Control Procedures.

Undertake third party consultations as required and any Research and Development aspects.

Review and update Project Execution Plan.

Required.

Required.

Not required.

Completed Technical Design of the project.

Developed Design, including the coordinated architectural, structural and building services design and updated Cost Information.

Concept Design including outline structural and building services design, associated Project Strategies, preliminary Cost Information and Final Project Brief.

Initial Project Brief.

Required.

Sustainability Checkpoint — 4

Sustainability Checkpoint — 3

ructi Review Construction Strategy, including uding nd update up sequencing, and ety Strategy. Strategy Health and Safety

w and update Project Review Execution cution Plan. n.

Prepare and submit Prepar mitt Building B Regulations submiss submission and a rd party any other third submissions ubmissions requiring consent.

Review e a and update Sustainab Sustainability, Maintenance and Operational and perat Handover and over v Strategies Strate k Assessments Risk Assessments.

Sustainability Checkpoint — 2

Consider Construction Strategy, including offsite Review and update fabrication, and develop Health Construction and Health and and Safety Strategy. Safety Strategies.

a ate Review and update y, Maintenance Sustainability, and Operational nal and s and Handover Strategies Risk Assessments.

Prepare Sustainability Strategy, Maintenance and Operational Strategy and review Handover Strategy and Risk Assessments.

Handover and Close Out

6

Administration of Building Contract, including regular site inspections and review of progress.

Required.

Updated ‘As-constructed’ Information.

‘As-constructed’ nstruct rmatio Information.

Not required.

Sustainability Checkpoint — 6

Updating of Project Information as required.

Carry out activities listed in Handover Strategy including Feedback for use during the future life of the building or on future projects.

Susta Sustainability Ch Checkpoint — 5

Up Update Construction and He Health and Safety Strategies.

Review and update Sustainability Strategy and implement Handover Strategy, including agreement of information required for commissioning, training, handover, asset management, future monitoring and maintenance and ongoing compilation of ‘Asc constructed’ Information.

Conclude administration of Building Contract.

As required.

© RIBA

‘As-constructed’ Information updated in response to ongoing client Feedback and maintenance or operational developments.

Sustainability Checkpoint — 7

Updating of Project Information, as required, in response to ongoing client Feedback until the end of the building’s life.

Conclude activities listed in Handover Strategy including Post-occupancy Evaluation, review of Project Performance, Project Outcomes and Research and Development aspects.

Undertake In Use services in accordance with Schedule of Services.

In Use

7

www.ribaplanofwork.com

Offsite manufacturing and Handover of building and onsite Construction in conclusion of Building accordance with Construction Contract. Programme and resolution of Design Queries from site as they arise.

Construction

may dictate the Project Programme and may result in certain The procurement procur procuremen t route m stagess overlapping overlapp erlap ing or being bein undertaken concurrently. A bespoke RIBA Plan of Work 2013 clarify stage overlaps. The Project Programme will set out 2 13 20 3 will c cl arify the sta the s specific stage sp ecific stag tage e dates and detailed programme durations.

Planning nning applications ns are a e typically made ar ade using the th Stage 3 ou output. A bespoke Plan identify when planning oke RIBA A Pl an of Work 2013 will id den enti tify fyy wh w en the plann application made.. a pplication is to be e made

Review Project Programme. ogram

The procuremen procur procurementt strategy strate a gyy does does not fundamentally alter the progression off the de design gn or the level le leve e l of detail prepared at a given stage. However, Information Exchanges vary depending on the selected procurement Informat n Ex Exchange changes s will w va ry y de pe route route and Building Buildin Contract. Cont ontract rac . A bespoke RIBA Plan of Work 2013 will set out the specific te activities that will occur at each tendering ndering and procurement a stage the procurement route. stag age e in relation rrelation on to t th e chosen proc

Prepare e Con Concept Design, including outli outline proposals for structural building fo ural design, d services systems, outline se syste specifications and preliminary Cost Information along with relevant eleva Project ect Strategies in accordance with Design Programme. Pro mme. Agree alterations brief and a ons to b nd issue is Final al Project Proje Brief.

Concept Design Des

*Variable task bar – in creating a bespoke project or practice specific RIBA Plan of Work 2013 via www.ribaplanofwork.com a specific bar is selected from a number of options.

UK Government Information Exchanges

Not required.

Strategic Brief.

Information Exchanges

(at stage completion)

Sustainability Checkpoint — 1

Sustainability Checkpoint — 0

Agree Schedule of Services, Design Responsibility Matrix and Information Exchanges and prepare Project Execution Plan including Technology and Communication Strategies and consideration of Common Standards to be used.

Sustainability Checkpoints

Prepare Handover Strategy and Risk Assessments.

Review Feedback from previous projects.

Suggested Key Support Tasks

*Variable task bar

(Town) Planning

*Variable task bar

Pre-application discussions.

Prepare Project Roles Table and Contractual Tree and continue assembling the project team.

Initial considerations for assembling the project team.

Procurement

Pre-application discussions.

Develop Project Objectives,, including Quality Objectives j s and Project Outcomes, omes Sustainability Aspirations, pirati Project Budget, other parameters or constraints nstrain and develop Initial Project Brief. ject B y Studi Undertake Feasibility Studies rmation. and review of Site Information.

Identify client’s Business Case and Strategic Brief and other core project requirements.

*Variable task bar

2

The RIBA Plan of Work 2013 organises the process of briefing, designing, constructing, maintaining, operating and using building projects into a number of key stages. The content of stages may vary or overlap to suit specific project requirements. The RIBA Plan of Work 2013 should be used solely as guidance for the preparation of detailed professional services contracts and building contracts.

Sp ec im en

1

0

Core Objectives

Tasks

Stages

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Services 2010, 2012 revision RIBA Outline Plan of Work 2007 as amended November 2008

The person appointed to the specified Roles is authorised to perform and shall be responsible for performance of the activities in all relevant stages.

Project Lead

Preparing the Client’s initial statement of Project Objectives, taking into account the Client’s core operations and identifying constraints. Establishing the requirement for professional skills, procedure and programme management, and legal, insurance and financial services. Identifying the roles of Client representatives and stakeholders. Managing the appointment of the project team.

Ê

ÃÃՈ˜}ʈ˜vœÀ“>̈œ˜]Ê`iVˆÃˆœ˜Ã]Ê>««ÀœÛ>ÃÊ>˜`ʈ˜ÃÌÀÕV̈œ˜ÃÊ̜Ê̅iÊi>`Ê iÈ}˜iÀ]Ê œÃÌÊ œ˜Ã ̜ Consultant and Contract Administrator/Employer’s Agent. Implementing of any feasibility studies and/or options appraisals req required.

Ê Ê

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Services 2010, 2012 revision Part 1: Role Specifications

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iÛiœ«ˆ˜}Ê>˜`ʓ>ˆ˜Ì>ˆ˜ˆ˜}Ê>ʓ>˜>}i“i˜ÌÊÃÌÀÕVÌÕÀiÊ>˜`ÊVœ““Õ˜ˆV>̈œ˜ÃÊi˜ÛˆÀœ˜“i˜ÌÊ }i“i˜Ì ÃÌÀÕVÌÕÀi ÕVÌÕÀi >˜` Vœ““Õ˜ˆV Vœ“ in which all consultants, contractors ors andd other persons can ca perform perfo effectively. Managing development of the implementation. e Brieff and overseeing its imple

Identifying project procedures edures dures including: includ ting procedures cedures of the Client; Clie U any relevant existing administrative actions ns such as contributions contrib to and frequency of progress reports, U etc; programme ocedures for pro programm and cost matters and contingency U change control procedures expenditure; nditure; e; gement; and U riskk management; nce and design desi quality reviews. U performance

Preparing aring and maintaining maintaini Cost Co Information in co-ordination with any construction cost estimates prepared by others. timates and cash ca flow projections pr Monitoring performance performan and activity, cost planning and control, programme and progress, perfo and reporting to the Client. In consultation with consultants and/or contractors, authorises or applies authorisation to take any corrective action required. pplies for au Facilitating communications between the project team except that communications on Facil È}˜ˆvˆV>˜ÌÊ`iÈ}˜Ê“>ÌÌiÀÃÊ>ÀiÊ`i>ÌÊ܈̅ÊLÞÊ̅iÊi>`Ê iÈ}˜iÀÊ>˜`ɜÀÊ̅iÊi>Ì…ÊEÊ->viÌÞÊ Ãˆ}˜ˆvˆV> Advisor. dvis Leading, co-ordination and preparation of a Project Execution Plan and the Project Programme. Advising on methods of procuring construction.

Ê

,iۈi܈˜}Ê̅iÊ«Àœ}ÀiÃÃʜvÊ`iÈ}˜ÊܜÀŽÊ܈̅Ê̅iÊi>`Ê iÈ}˜iÀÊ>˜`Êi>Ì…ÊEÊ->viÌÞÊ Advisor.

Ê

iÛiœ«ˆ˜}Ê>˜`ʓ>˜>}ˆ˜}ÊV…>˜}iÊVœ˜ÌÀœÊ«ÀœVi`ÕÀiÃ]Ê>˜`ʓ>Žˆ˜}ʜÀʜLÌ>ˆ˜ˆ˜}Ê decisions necessary for time and cost control.

Ê

7ˆÌ…Ê̅iÊ œ˜ÌÀ>VÌÊ
`“ˆ˜ˆÃÌÀ>̜À]Êi>`Ê iÈ}˜iÀÊ>˜`Êi>Ì…ÊEÊ->viÌÞÊ
`ۈÜÀÊ co-ordinating and reviewing the work of consultants and site inspectors during Stages 4 and 5.

9

Health & Safety Advisor [18] [19] Exercising the powers and duties of and associated with the statutory function of Co-ordinator under the Construction (Design and Management) Regulations 2007. Providing, as and when requested, information on health and safety issues to the Project i>`]Êi>`Ê iÈ}˜iÀ]Ê̅iÊ œ˜ÌÀ>VÌÊ
`“ˆ˜ˆÃÌÀ>̜ÀÉ “«œÞiÀ½ÃÊ
}i˜Ì]Ê iÈ}˜iÀÃÊ>˜`Ê>˜ÞÊ Other Persons providing work or services reasonably necessary for such persons to carry out their duties. Facilitating communications on health and safety issues between the Client and such Other Persons.

Cost Consultant

Providing and updating Cost Information including estimates, advice, valuations and other information concerning the cost of construction works. orks Co-ordinating and integrating estimates, advice, valuations provided by luations ns and information i any Other Person.

Sp ec im en

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Services 2010, 2012 revision Part 1: Role Specifications

Providing quantity surveying services.

Contract Administrator ­-Ì>}iÃÊx‡È®ÊœÀÊÊ Ê Ê Employer’s Agent (Stages 5-6) Ê Ê Ê Ê Ê Ê Ê Ê Ê Ê Ê Ê Ê Ê Ê

Ê

Ê

Inviting and appraising a tender or tenders, ers, including: UÊ Vœ˜Ãˆ`iÀˆ˜}Ê܈̅Ê̅iÊ ˆi˜ÌÊ>ÊÌi˜`iÀiÀʜÀÊ>ʏˆÃÌʜvÊÌi˜`iÀiÀÃÊvœÀÊVœ˜ÃÌÀÕV̈œ˜ÊܜÀŽÃÆ > Ìi˜`iÀiÀ iÀiÀ œÀ > ˆÃÌ œv œ Ìi˜`iÀiÀà UÊ Vœ˜Ãˆ`iÀˆ˜}Ê܈̅Ê̅iÊ ˆi˜ÌÊ>««œˆ˜Ì“i˜ÌʜvÊ>ÊVœ˜ÌÀ>V̜À]Ê>˜`Ê>`ۈȘ}ʜ˜Ê̅iÊ«œÜiÀÃÊ i˜Ì >««œˆ˜Ì“i˜Ì œˆ˜Ì“i˜Ì œv > Vœ˜ÌÀ>V̜À] Vœ˜Ì and duties of the parties ties es and the Contract Administrator Administra under the Building Contract; A UÊ «Ài«>Àˆ˜}Ê̅iÊ Õˆ`ˆ˜}Ê œ˜ÌÀ>VÌÊ>˜`Ê>ÀÀ>˜}ˆ˜}ÊvœÀÊÈ}˜>ÌÕÀið `ˆ˜} œ˜ÌÀ>VÌ ÌÀ>VÌ >˜` ˜` >ÀÀ>˜}ˆ˜} vœÀ È} Administering thee Building ding Contract, including: inclu UÊ Àiۈi܈˜}Ê̅iÊVœ˜ÌÀ>V̜À½ÃÊ«Àœ}À>““iÊ>˜`Ê̅iÊ«Àœ}ÀiÃÃʜvÊVœ˜ÃÌÀÕV̈œ˜ÊܜÀŽÃÆ Ì…i Vœ˜ÌÀ>V̜À½Ã À>V «Àœ}À>““i Àœ}À>“ >˜ UÊ ˆÃÃՈ˜}ʜvʈ˜vœÀ“>̈œ˜]ʈ˜ÃÌÀÕV̈œ˜Ã]ÊiÌVÆ œv ˆ˜vœÀ“>̈œ˜] À“>̈œ˜] ˆ˜ÃÌÀÕV̈œ˜Ã] ˆ˜ÃÌÀÕV̈ iÌV UÊ Àiۈi܈˜}Ê܈̅ÊÀiiÛ>˜ÌÊVœ˜ÃՏÌ>˜ÌÃʜvʈ˜vœÀ“>̈œ˜Ê«ÀœÛˆ`i`ÊLÞÊ̅iÊVœ˜ÌÀ>V̜ÀÆ i܈˜} ܈̅ ÀiiÛ>˜Ì Vœ˜ÃՏÌ>˜Ìà Vœ˜ÃÕ UÊ «ÀœÛˆ`ˆ˜} Ê«ÀœÛˆ`ˆ˜}ʈ˜vœÀ“>̈œ˜ÊÀiµÕˆÀi`ÊvœÀÊ«Ài«>À>̈œ˜ÊœvÊÛ>Õ>̈œ˜ÃʜvÊܜÀŽÊV>ÀÀˆi`ʜÕÌʜÀÊ ˆ˜vœÀ“>̈œ˜ ˜vœÀ“>̈œ˜ ÀiµÕˆÀi` À vœ contractor’s applications for payment; completed pleted or validating contra }ˆÛˆ˜}ʘœÌˆViʜvÊ>˜ÞÊ>`ÕÃ̓i˜ÌÊ̜Ê̅iÊ œ“«ïœ˜Ê >ÌiÆÊÊ UÊ }ˆÛˆ˜} ۈ˜} ˜œÌˆVi œv >˜Þ >`ÕÃ̓ UÊ >ÃViÀÌ>ˆ˜ˆ˜} œ ˆ˜ÃÌÀÕVÌ œÀ Ê>ÃViÀÌ>ˆ˜ˆ˜}ʜÀʈ˜ÃÌÀÕV̈˜}Ê>ÃViÀÌ>ˆ˜“i˜ÌʜvʏœÃÃÊ>˜`ÊiÝ«i˜ÃiÊ`ÕiÊ̜Ê̅iÊVœ˜ÌÀ>V̜ÀÆÊ UÊ ViÀ̈vވ˜} «>Þ «>ޓi˜Ìà ` ViÀ̈vވ˜}Ê«>ޓi˜ÌÃÊ`ÕiÆÊÊ UÊ «ÀiÃi˜Ìˆ˜} v vˆ˜>˜V «ÀiÃi˜Ìˆ˜}Êvˆ˜>˜Vˆ>ÊÀi«œÀÌÃÊÌœÊ ˆi˜ÌÆ Vœ>̈˜}ÊÀiVœÀ`ʈ˜vœÀ“>̈œ˜Êˆ˜ÊVœ˜Õ˜V̈œ˜Ê܈̅Ê̅iÊi>Ì…Ê>˜`Ê->viÌÞÊ
`ۈÜÀÆÊ>˜` UÊ Vœ> Vœ>̈˜} ÀiVœ ÀiVœÀ iÝiÀ ˆ ÊiÝiÀVˆÃˆ˜}ʈ“«>À̈>Ê>˜`ʈ˜`i«i˜`i˜ÌʍÕ`}“i˜ÌÊ܅i˜Ê`i>ˆ˜}ÊLiÌÜii˜Ê ˆi˜ÌÊ>˜`Ê̅iÊ UÊ iÝiÀVˆÃˆ˜} con contract contractor (not applicable to Employer’s Agent).

[18] For the purposes of the Agreement, the Co-ordinator is a member of the consultant team. In any conflict with the
}Àii“i˜ÌÊ̅iÊ Ê,i}Տ>̈œ˜ÃÊÌ>ŽiÊ«ÀiVi`i˜Vi° [19] Note: The Co-ordinator is to be appointed by the Client as soon as is practicable after preliminary design work, planning or other preparation for construction work has begun. Not applicable to a Client if defined as ‘domestic

ˆi˜Ì½Êˆ˜Ê̅iÊ Ê,i}Տ>̈œ˜Ã°

10

Ê

7ˆÌ…Ê̅iÊi>`Ê iÈ}˜iÀ]Ê œÃÌÊ œ˜ÃՏÌ>˜ÌÊ>˜`Ê̅iÊi>Ì…ÊEÊ->viÌÞÊ
`ۈÜÀ]ÊVœ‡œÀ`ˆ˜>̈˜}Ê and reviewing the work of all consultants and site inspectors, if any, to the extent required for the administration of the Building Contract, including: UÊ Ê«ÀœÛˆ`ˆ˜}ʈ˜vœÀ“>̈œ˜ÊÀiµÕˆÀi`ÊLÞÊVœ˜ÃՏÌ>˜ÌÃÊ>˜`ÊÈÌiʈ˜Ã«iV̜ÀÃÊvœÀÊ̅iˆÀÊÃiÀۈViÃÊ during the construction period; UÊ ÊÀiViˆÛˆ˜}ÊÀi«œÀÌÃÊvÀœ“ÊÃÕV…ÊVœ˜ÃՏÌ>˜ÌÃÊ>˜`ÊÈÌiʈ˜Ã«iV̜ÀÃÊ̜Êi˜>LiÊ`iVˆÃˆœ˜ÃÊ̜ÊLiÊ made in respect of the administration of the Building Contract; UÊ ÊVœ˜ÃՏ̈˜}Ê>˜ÞÊ"̅iÀÊ*iÀܘÊ܅œÃiÊ`iÈ}˜ÊœÀÊëiVˆvˆV>̈œ˜Ê“>ÞÊLiÊ>vviVÌi`ÊLÞÊ>Ê Client instruction relating to the Building Contract, obtaining any information required and issuing any necessary instructions to the contractor; UÊ Ê“>˜>}ˆ˜}ÊV…>˜}iÊVœ˜ÌÀœÊ«ÀœVi`ÕÀiÃÊ>˜`ʓ>Žˆ˜}ʜÀʜLÌ>ˆ˜ˆ˜}Ê`iVˆÃˆœ˜ÃÊ>ÃÊ necessary for time and cost control during the construction period.

Ê Ê Ê

Ê

Reporting to the Client.

Lead Designer

Co-ordinating preparation of stage programme[s] process. e[s] for the design proc

Sp ec im en

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Services 2010, 2012 revision Part 1: Role Specifications

Co-ordinating design of all constructional work by consultants, al elements, ents, including w c specialists or suppliers and for health and safety conjunction with the Health ty matters in conjuncti con & Safety Advisor. Establishing the form and content and a verification tent off design outputs, their th interfaces inte procedure. Communicating with the Client issues. lient on significant design d is

ordination tion preparation of a Project Proje Execution Plan, including work Leading and co-ordination outstanding from rom previous ious stages. stages Advising on thee need for and the scope of s o services by consultants, specialists, subcontractors actors or suppliers.

Ê

Designers iÈ}˜iÀ®Ê }˜iÀ®Ê ­ˆ˜VÕ`ˆ˜}Êi>`Ê iÈ}˜iÀ®Ê

œ˜ˆÌœÀˆ˜}Ê̅iÊܜÀŽÊœvÊ̅iÊ iÈ}˜iÀ𠜘ˆÌœÀˆ˜} œÀˆ˜} ̅i ܜÀŽ ܜ œvv ̅i ̅ iÈ}

Preparing for each stage a programme for performance of the ring and maintaining maintai m -iÀۈViÃ] ˆ˜VÕ`ˆ˜} ˆ˜VÕ -iÀۈViÃ]ʈ˜VÕ`ˆ˜}Ê>˜ÞÊ-iÀۈViÃʘœÌÊVœ“«iÌi`ʈ˜Ê>Ê«ÀiۈœÕÃÊÃÌ>}i° viding designs, desi Providing specifications, advice and information concerning the design for ܅ˆV… ̅i ` ܅ˆV…Ê̅iÊ`iÈ}˜iÀʈÃÊÀi뜘ÈLiÊ­¼Ì…iÊ,iiÛ>˜ÌÊ iÈ}˜½®Ê܈̅Ê`ÕiÊÀi}>À`Ê̜ÊVœÃÌ]Ê function functionality, build quality and impact, buildability, construction safety, operation and maintenance. aint

Ê

iÌiÀ“ˆ˜ˆ˜}ʓ>ÌiÀˆ>Ã]Êii“i˜ÌÃÊ>˜`ÊVœ“«œ˜i˜ÌÃ]ÊÃÌ>˜`>À`ÃʜvÊܜÀŽ“>˜Ã…ˆ«]ÊÌÞ«iʜvÊ Vœ˜ÃÌÀÕV̈œ˜Ê>˜`Ê«iÀvœÀ“>˜Viʈ˜ÊÕÃiÊvœÀÊ̅iÊ,iiÛ>˜ÌÊ iÈ}˜° Preparing drawings, sketches, schedules, specifications, calculations and production >˜`ÊÌi˜`iÀʈ˜vœÀ“>̈œ˜ÊvœÀÊ̅iÊ,iiÛ>˜ÌÊ iÈ}˜Ê>ÃÊ>««Àœ«Àˆ>Ìi° Giving due regard to the guidelines contained in the current publication Good Practice in the Selection of Construction Materials 2011 (British Council of Offices Publication) unless authorised by the Client in writing to specify or authorise products or materials }i˜iÀ>Þʎ˜œÜ˜Ê܈̅ˆ˜Ê̅iÊ iÈ}˜iÀ½ÃÊ«ÀœviÃȜ˜Ê>ÌÊ̅iÊ̈“iʜvÊëiVˆvˆV>̈œ˜ÊœÀÊ authorisation to be deleterious or hazardous to health or safety or to affect the durability of construction works.

11

(Where engaged to provide services during the construction stage other than any duties in connection with administration of the Building Contract), making the appropriate number of visits to the site for: UÊ ˆ˜Ã«iV̈œ˜Ê}i˜iÀ>ÞʜvÊ̅iÊ«Àœ}ÀiÃÃÊ>˜`ʵÕ>ˆÌÞʜvÊ̅iÊ,iiÛ>˜ÌÊ iÈ}˜Ê>ÃÊLՈÌÆÊ U approval of such elements of the works as may be specified to be to the reasonable Ã>̈Ãv>V̈œ˜ÊœvÊ̅iÊ iÈ}˜iÀÆÊ U obtaining information necessary for the issue of any notice, certificate or instruction by the administrator of the Building Contract. Architect as Designer’s services include siting, spatial arrangement, amenity and appearance of buildings and external works elements. Includes services as relevant to >˜`ÃV>«iÊ
ÀV…ˆÌiVÌÃʜÀʘÌiÀˆœÀÊ iÈ}˜iÀð ud civil engineering elements, Civil and Structural Engineer as Designer’s services include structural stability of building sub-structures, super-structures ructures and external works elements. Building Services Engineer as Designer’s services vices include clude building se sservices (including mechanical, electrical, public health, transport communications systems) port and/or nd/or communicatio s elements.

Sp ec im en

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Services 2010, 2012 revision Part 1: Role Specifications

te to elements ements allocated to a co Specialist Designer’s services relate contractor or sub-contractor who it is intendedd will construct specialist work, or to a consultant onstruct the specia w with special expertise where the specialist constructed by another firm. ecialist work wil will be cons Wor services include inclu inspec Site Inspector’s/Clerk off Work’s inspecting and reporting upon the progress and quality of the works orks and conformity conform with the contract documentation.

12

Delete or strike through any services not required. Make any necessary amendments to include services and/or add additional services.

WORK STAGE SERVICES Stage 0

Strategic Definition Receiving Client’s instructions and information about the Project. Assisting the Client in defining the Client’s strategic requirements and the preparation of the Strategic Brief. Providing information for a report on the Project Budget. Reviewing with Client alternative project team options. ns. Contributing to the Project Programme and assembling emblingg the project team.

Stage 1

Sp ec im en

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Services 2010, 2012 revision *>ÀÌÊÓ\Ê iÈ}˜Ê-iÀۈViÃ

Preparation & Brief

Visiting the Site and carrying out an initial ial appraisal.

Assisting development of thee Initiall Project Brief including consideration of Project inc c Objectives, Quality Objectives, Aspirations, Project ctives, tives, Project Outcomes, Sustainability Sustai Budget and other parameters Feasibility Studies and review ameters ters or constraints. Undertaking Underta U of Site Information. Undertaking development ment of Handover Handove Strategy Strate and Risk Assessments.

Ê


ÃÈÃ̈˜}Ê>ÃÃi“LÞʜvÊ«ÀœiVÌÊÌi>“ʈ˜VÕ`ˆ˜}ÊVœ˜ÌÀˆLṎœ˜ÃÊ̜Ê̅iÊ iÈ}˜Ê,i뜘ÈLˆˆÌÞÊ } >ÃÃi“LÞ “LÞ œv «ÀœiVÌ Ìi>“ ˆ˜VÕ Matrix, x, Information mation Exchanges and the th Project Execution Plan. (Compiling, mpiling, revising g and editing the In Initial Project Brief on behalf of the Client is Other Service 3a)

Stage 2 Ê

Concept Design

*Ài«>Àˆ˜}Ê œ˜Vi«ÌÊ iÈ}˜Ê>˜`ʈ˜VÕ`ˆ˜}ʜÕ̏ˆ˜iÊëiVˆvˆV>̈œ˜Ã° *Ài«>Àˆ˜} œ˜Vi«Ì

œ˜V

Providing ovidin information infor for approximate estimate of Construction Cost for inclusion with Cost Information. Inform Contributing Contri to completion of the Final Project Brief.

Preparing Stage Report in accordance with agreed Information Exchanges and submitting to Client. Preparing Sustainability Strategy, Maintenance and Operational Strategy and reviewing Handover Strategy and Risk Assessments. Assisting with Third Party Consultations, updating of the Project Execution Plan, preparing of the Construction Strategy and Health and Safety Strategies.

13

Stage 3

Developed Design

Ê

iÛiœ«ˆ˜}Ê̅iÊ>««ÀœÛi`Ê œ˜Vi«ÌÊ iÈ}˜Ê̜ÊŜÜÊë>̈>Ê>ÀÀ>˜}i“i˜ÌÃ]ÊÌÞ«iʜvÊ construction, materials and updated outline specifications in sufficient detail to co-ordinate the structural and building services design of the project.

Ê

˜ÛiÃ̈}>̈˜}ÊivviVÌʜvÊÃÌ>ÌÕ̜ÀÞÊÃÌ>˜`>À`ÃÊ>˜`ÊVœ˜ÃÌÀÕV̈œ˜ÊÃ>viÌÞʜ˜Ê œ˜Vi«ÌÊ iÈ}˜° Consulting statutory authorities. Providing information for estimate of Construction Cost. Preparing Stage Report in accordance with agreed Information Exchanges and submitting to Client. ments and the Sustainability, Reviewing the Project Execution Plan and Risk Assessments on andd Hea Maintenance and Operational, Handover, Construction Health and Safety Strategies. red. Undertaking Third Party Consultations as required.

Sp ec im en

Licensed copy from CIS: [email protected], Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.

Services 2010, 2012 revision *>ÀÌÊÓ\Ê iÈ}˜Ê-iÀۈViÃ

Planning Applications.

pplication discus discussions. Arranging and preparing information for Pre-application ation forr detailed planning permission. perm Preparing and submitting application ditions attached to Planni Con Assisting discharge of conditions Planning Consent.

Stage 4

Technical Design

chnical designs, esigns, calculati calculations an Preparing technical and specifications sufficient to construct the >VVœÀ`>˜Vi `>˜Vi ܈̅ ̅i Ì iÈ}˜ ià ,i «ÀœiVÌʈ˜Ê>VVœÀ`>˜ViÊ܈̅Ê̅iÊ iÈ}˜Ê,i뜘ÈLˆˆÌÞÊ>ÌÀˆÝÊ>˜`Ê>}Àii`ʘvœÀ“>̈œ˜Ê nges. Exchanges. onsulting ng statutory authorities autho oon developing design. Consulting

Providing viding information informa for upd updating estimate of Construction Cost.

Reviewing the Pr Project EExecution Plan and Risk Assessments and the Sustainability, Maintenance aand Op Operational, Handover, Construction and Health and Safety Strategies. Undertaking ertaking Th Third Party Consultations as required including preparing and making submis submissions under building acts and/or regulations or other statutory requirements. Review Reviewing design information provided by contractors or specialists to establish t whether that information can be co-ordinated and integrated with other project information. Giving general advice on operation and maintenance of the building.

14

Licensed copy from CIS: [email protected], Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.

Services 2010, 2012 revision *>ÀÌÊÓ\Ê iÈ}˜Ê-iÀۈVià Stage 5

Construction

Ê

>Žˆ˜}ÊۈÈÌÃÊ̜ÊVœ˜ÃÌÀÕV̈œ˜ÊܜÀŽÃÊ>ÃÊ iÈ}˜iÀ°[20] Responding to site queries as reasonably required for construction Complying with the requirements of the Handover Strategy including agreement of information required for commissioning, training, handover, asset management, future monitoring and maintenance and on-going compilation of “As Constructed Information”.

Assisting with the updating of the Construction and Health & Safety Strategies. Providing record drawings showing the building and main lines of drainage and other information, where applicable, for the Health and Safety ty File (CDM 2007) and the building log book (Building Regulations Approved Documentt Part L2). Reviewing compliance with statutory and contract ract requirements. quirements.

Stage 6

Handover and Close Out s. Advising on resolution of defects. greeing final account. Providing information for agreeing Assisting building userr during ring initial occupation occupatio period, period if applicable as attached schedule.

Stage 7

In Use Carrying Evaluation, if applicable as attached schedule. rying out Post-occupation Post-occupa Evalu

Procurement Activities

Identify extent of design work w by contractor and/or specialist sub-contractors. Prepare documents required for tendering purposes. docum r NB: Activities tivit in italics talics may be moved to suit project requirements. NB: Activities Acti underlined un will vary to suit project requirements.

[20] See Role Specifications for definition.

15

Delete or strike through any services not required. Select the boxes for the required services [Y or ✔], alternatively, enter ‘T’ for time-based services or ‘LS’ for lump sums, make any necessary amendments and/or add additional services. Sites, buildings and related services 1

Selection of project team members

2

Options appraisal

3a

Initial Project Brief

3b

Final Project Brief

3c

Room data sheets

4

Selection of sites and/or buildings

Compiling, revising and editing

Sp ec im en

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Services 2010, 2012 revision Part 3: Other Services

16

5

Surveys, inspections or specialist ialist investigations nvestigations

6

Accessibility audit

7

Environmental studies udies

8

Services in connection matters onnection with party wall mat

9

Community munityy architecture services serv

10

Outline planning anning submiss submissions aand/or pre-application planning consultations

11

connection with statutory approvals Negotiations in co connecti

12

Submissions to and negotiations with landlords, freeholders, etc

13

or negotiations for statutory and other grants Applications pp

14

Prescribed software for data transfer Prescr Pr

15

Services in connection with value engineering S

166

Services in connection with risk management

17

Electronic document control system

18

Services in connection with a site waste management plan

19

Two-stage tendering

20

Briefing and/or tender documentation for specialist services

21

Negotiating a price with a contractor (in lieu of tendering)

22

Additional site inspections or provision of resident site staff

23

Interim and final valuations

24

Compiling maintenance and operational manuals

25

Specially prepared drawings of building as built, models, photographs, etc

26 27 28 29 30

Sp ec im en

Licensed copy from CIS: [email protected], Steffian Bradley Architects, 31/08/2016, Uncontrolled Copy.

Services 2010, 2012 revision Part 3: Other Services

Special Services

Special Services only required if the need arises commission, which may be es during the commiss instructed as additional Services:

Ê

Ê Ê Ê Ê Ê Ê Ê

UÊ ,iۈȜ˜ÊœvʜÀÊ«Ài«>À>̈œ˜ÊœvÊ>``ˆÌˆœ˜>Ê`œVՓi˜ÌÃÊ̜\ ˜ œv >``ˆÌˆœ˜> `ˆÌˆœ˜> `œVՓi˜Ìà VՓi ̜\ – comply with requirements authorities, landlords, etc; irements rements of planning or statutory sta – comply with changes enactment or revisions to laws or hanges ges in interpretation or enact statutory regulations; gulations; s; – make changes anges or corrections not arising from any failure of the Architect/ Consultant. ultant. UÊ Ê˜ÛiÃ̈}>̈œ˜ÃÊ>˜`ʈ˜ÃÌÀÕV̈œ˜ÃÊÀi>̈˜}Ê̜ÊܜÀŽÊ˜œÌʈ˜Ê>VVœÀ`>˜ViÊ܈̅Ê̅iÊLՈ`ˆ˜}Ê }>̈œ˜Ã >˜` ˆ˜ÃÌÀÕV̈œ˜Ã Ài>̈˜} contract. ract. UÊ Ê
ÃÃiÃÓi˜ÌʜvÊ>ÌiÀ˜>̈ÛiÊ`iÈ}˜Ã]ʓ>ÌiÀˆ>ÃʜÀÊ«Àœ`ÕVÌÃÊ«Àœ«œÃi`ÊLÞÊ>ÊVœ˜ÌÀ>V̜ÀÊ ÃÃiÃÓi˜Ì i˜Ì œv >ÌiÀ˜>̈Ûi >ÌiÀ˜> `iÈ}˜ or sub-contractor. ntracto UÊ Ê
ÃÈÃÌ>˜ViÊ̜Ê̅iÊ œ˜ÌÀ>VÌÊ
`“ˆ˜ˆÃÌÀ>̜ÀÊ`i>ˆ˜}Ê܈̅ÊiÝÌi˜Ãˆœ˜ÃʜvÊ̈“iÊ>˜`Ê
ÃÈÃÌ>˜Vi ÃÈÃÌ>˜Vi ̜ ̅i œ˜ÌÀ>VÌ

œ˜ contractor’s claims. c UÊ iÀۈViÃʜ˜ÊLi…>vʜvÊ̅iÊ ˆi˜Ìʈ˜ÊVœ˜˜iV̈œ˜Ê܈̅Ê>˜ÞÊ`ˆÃ«ÕÌiÊLiÌÜii˜Ê̅iÊ ˆi˜ÌÊ U Ê-iÀۈVià iÀۈV œ˜˜ Li…>v L œv and another party. party UÊ iÀۈViÃÊvœœÜˆ˜}Ê`>“>}iÊ̜]ʜÀÊ`iÃÌÀÕV̈œ˜Êœv]Ê>ÊLՈ`ˆ˜}ʈ˜ÊVœ˜ÃÌÀÕV̈œ˜ÊœÀÊ U Ê-iÀۈVià vœ vœœÜ existing buildings. buil UÊ ÊiÀۈViÃÊvœœÜˆ˜}ÊÃÕëi˜Ãˆœ˜ÊœÀÊÌiÀ“ˆ˜>̈œ˜ÊœvÊ>˜ÞÊVœ˜ÌÀ>VÌʜÀÊ>}Àii“i˜ÌÊÜˆÌ…Ê -iÀ -iÀۈVià or the insolvency of any other party providing services to the project. UÊ ÊiÀۈViÃʈ˜ÊVœ˜˜iV̈œ˜Ê܈̅Êi>Ãi“i˜ÌÃʜÀʜ̅iÀʏi}>Ê>}Àii“i˜Ìð -i

17

Basic Fee

Identify the applicable clauses, relevant work stages and the basis for calculation of the amount of the fee

Stage

Clause

Fee

Notes

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Fees and Expenses Schedule 2010, 2012 revision

In stages 5 and 6 the Basic Fee includes

[21] site vvisits[21 site

Unless otherwise stated, the maximum numbe number of visits w will be one per month

Other fees

Subject

Other fees are re fees for any Other or Sp Special sservices required but not included in the Basic Feee and, iff applicable, any sp specified copyright licence fee for the Client’s use after te of thee last Service perfo u the date performed under this Agreement of materials produced by the Architect (drawings, ddocuments etc.) in performing the Services.

Clause se

Fee

[21] Unless time charges apply in which case, delete.

18

Notes

Person/grade

Rate [22]

Rate [22]

Person/grade

Time Charges

Expenses and Disbursements

The specified expenses listed below will be charged [23] a) at net cost plus a handling charge of

% of net cost

or b) by the addition to the amount due of or c) Other [24] Specified Expenses

Other Expenses

Hard copies of Drawingss and Documents

% of the total fee

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Fees and Expenses Schedule 2010, 2012 revision

(including ding disbursements bursements [25] ) will be charged ch at net cost plus

% of net cost

Wheree applicable, travel will be charged at

per mile

A4

A3

A2

A1

AO

in blackk and white whit

Ê

ˆ˜Ê* ÊvœÀ“>ÌʜÀÊȓˆ>À ˆ˜ *   vœÀ“>Ì vœ œÀ

Payment

VAT Registration Reg number of the payee is:

Enter frequency Where payments are to be equalised or based on milestones, specify details:

Accounts for instalments of fees [26] shall be issued:

[22] £/hour or £/day. [23RÊ iiÌiÊ̅œÃiÊ̅>ÌÊ`œÊ˜œÌÊ>««Þ° [24] Use where specified expenses are to be charged by a method different from those listed above. [25] Such as payments to the Local Authority for planning submissions or Building Regulations approval. [26] State whether calculated on basis of the estimate of the percentage of completion of the Services or stages or additional services or such other specified method.

19

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Memorandum of Agreement ement ment for the Appointmentt of an

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Standard Agreement 2010:

Architect tect ect (2012 revision) sion) n)

Royal Institute of British Architects

In this updated edition, the changes are limited to these explanatory notes and to the table format which has been amended to assist electronic completion. All parties must rely exclusively upon their own skill and judgement or upon their advisers when using electronic components from the suite of RIBA Agreements 2010, 2012 revision and the RIBA and RIBA Enterprises Ltd assume no liability to any user or any third party. Copyright Licence:  This document is for the sole use of the purchaser.  You may edit and amend it to match the style and procedures of your practice and as required for specific projects.  You and the other parties to your contracts may distribute copies of this documentt to ad advisers and to other persons as necessary in connection with the proper performance of your contracts.  In any other case, you may not distribute or reproduce the whole or any part of this document ocument in any work, whether in hard copy, electronic or any other form, without the prior written consent of RIBA Enterprises Ltd.  You may not use the RIBA initials or logo unless you are an RIBA chartered tered member or RIBA cha charte chartered practice.

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What is this document? The Memorandum of Agreement is used with the Standard Agreement 2010, 2012 revision to execute the contract where a formal approach is required. It is an alternative to the Model Letter, which is less formal.

Where the law of Scotland applies: overedd on the Scottish attestatio at Do not enter the date of the Agreement on the first page; this is covered attestation page. hed document Narrate on the first page the number of pages of each of the attached documents.

nexations, narrates the number nu The ‘testing clause’ identifies the agreement and its annexations, of pages of the Memorandum, he hard copy ‘proforma’ ‘proform were we made prior to execution by the declares that any insertions, deletions and additionss to the ames of the signatories signa an the capacity in which they parties, and the date and place of signing and thee full names and ress off any witnesses, if required. rrequire subscribe together with the full name and address The Memorandum of Agreement must be ‘subscribed’ d’ (that is signed sig at the th end) to be valid under Scots law. For it to be subscribed it is necessary for at least one ne of the signatorie signatories to sig sign on the same page as part of the body of the Agreement (that is the part immediately ately before ore the ‘testing’ ‘testin clause) and for any other signatories either to sign on the age or pages. s. same page or the subsequent page me o execution if required, for instance, by a local authority The text can be modified to providee an alternative method of or other body incorporated ted under other legislation. legislat (Footnote (Foot 14) Further guidance A Guide to RIBA Agreements reements eements 2010 (2012 revision) revision explains fully how the RIBA Agreements 2010, 2012 revision work revisio and their legal context.

Copyright notice © Royal Institute of British Architects, 2010, 2012 Standard Agreement 2010 (2012 revision): Memorandum of Agreement for the Appointment of an Architect, 2012 revision Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA First published 2010; updated September 2011 Revised edition published 2012 RIBA Publishing is part of RIBA Enterprises Ltd. www.ribaenterprises.com

2

This Agreement: [1]

is made on the

day of

between the Client: of Representative: of and the Architect: of Representative: Whereas

nectionn with the Client wishes to appoint the Architect in connection

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the Project: at the Site:

and the Architect has agreed to acceptt the appointment.

It is agreed that

this Agreement comprisess this Memorandum of Agreeme Agreement and the attached documents Ag namely:

Confirm attachments

Standard Conditions ons of Appointment for aan Archit Architect, 2012 revision Schedules of Project Data, Services aand Fe Fees and Expenses and Appendices ppendices ces

to

1 Thee Architect performs the Se Services in accordance with the terms of this Agreement as: s:

Enterr roles

2 The Client pays pa the Architect for the Services and performs the Client’s obligations in accordance with the terms of this Agreement.

AS WITNESS WITN the hands of the parties [2] This his Agreement A is subject to the law of [England and Wales], [Northern Ireland] and [Scotland].[3]

(as a simple contract)

Client

Architect

in the presence of [4]

in the presence of

Witness signature

[1] [2] [3] [4]

Where law of Scotland applies do not insert the date. Delete if this Agreement is to be signed as deed. Delete as appropriate. Witness signatures if required by the parties where the law of England and Wales or the law of Northern Ireland applies, or where this Agreement requires to be self-proving under Scottish law, refer to the note ‘Where the law of Scotland applies’.

3

Where the law of [England and Wales], [Northern Ireland][5] is applicable EXECUTED AS A DEED BY THE CLIENT [6] namely: AND

acting by: [7] Signature

[Director] [Member] OR

by affixing

[Director] [Company Secretary] [Member]

its common seal [8] in the presence of:

Name Signature

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Memorandum of Agreement for the Appointment of an Architect, 2012 revision

Authorised signatory

OR

acting by Signature [9]

[Individual] [Partner] [Singlee Director] or] in the presence of:

Witness signature Witness

Witness address

And

Signature [9]

Partner in the pre presence of:

Witness signature gnature nature Witness

Witness address

And Signature [9]

Partner in the presence of: Witness signature Witness Witness address

[5] Delete as appropriate. [6] Delete the alternative methods of attestation not required on this and the next page. [7] Insert names of two signatories, who sign the boxes below. If the Client is a registered company delete the description

‘Member’. If the Client is a limited liability partnership delete descriptions ‘Director’ and ‘Company Secretary’.

4

[8] Where the Client requires the use of its common seal, insert name of signatory, who signs the box below. [9] An individual, partner or single director of a company must sign here in the presence of a witness.

Where the law of [England and Wales], [Northern Ireland] [10] is applicable EXECUTED AS A DEED BY THE ARCHITECT namely: AND

acting by[11] Signature

[Director] [Member] OR

by affixing

[Director] [Company Secretary] [Member]

its common seal [12] in the presence of:

Name Signature

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Authorised signatory

OR

acting by

Signature [13]

[Partner] [Sole Practitioner]] [Single e Directo Director] in the presence of:

Witness signature Witness

Witness address

And

Signature [13]

Partner artner in the presence pr presenc of:

Witness signature ignature gnature Witnesss

Witness address

And Signature [13]

Partner in the presence of: Witness signature Witness Witness address

[10] Delete as appropriate. [11] Insert names of two signatories, who sign the boxes below. If the Architect is a registered company delete the description

‘Member’. If the Architect is a limited liability partnership delete descriptions ‘Director’ and ‘Company Secretary’. [12] If use of a common seal is required, insert name of signatory, who signs the box below. [13] A partner, sole practitioner or a single director of a company must sign here in the presence of a witness.

5

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Memorandum of Agreement for the Appointment of an Architect, 2012 revision

Where the law of Scotland is applicable [14] 3 The Client and the Architect have agreed to the registration of this Agreement for preservation [and execution[15] ] and to submit to the non-exclusive jurisdiction of the Scottish Courts. In witness whereof this Agreement, consisting of this and the preceding pages [16] together with the annexations hereto initialled by the parties (under declaration that any alterations initialled by the parties were made prior to execution) is executed as follows: It is subscribed at [17]

on Location

Date

[on behalf of the Client] [by the Client]: by

Sp ec im en

Full name of signatory

who is

Enter Director or Secretary of a Company or Member of an LLP orr Partner of a Firm or as Authoris Authorised Signatory

Signature

in the presence of:

Witness signature

18] dress of witness sss [[18] Full name and address

It is subscribed at

on

Location

Date

[on behalf of the A Architect] [by the Architect]:

b by

Full name of signatory

who o is

Enter D Director or Secretary of a Company or Member of an LLP or Partner of a Firm or as Authorised Signatory

Signature

in the presence of: Witness signature

Full name and address of witness [18]

[14] [15] [16] [17] [18]

6

Delete this page if the law of Scotland is not applicable. The inclusion of the words ‘and execution’ provision must be negotiated with a consumer client or they must be deleted. Delete previous two pages. If alternative method of execution is required seek legal advice. A witness must know the signatory, or have credible evidence of their identity and must witness the signing or the acknowledgement of the signature by the signatory but preferably should have no interest in the document and cannot be a party to the document (ie a partner of one of the contracting parties). The witness must be over 16 and not mentally incapable.

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Standard ent nt 2010: 20 Agreement Notes:: Part 1 Use e and nd Completion; Completi Comp Part 2 Model el Letter Lette (2012 012 revision revision)

Royal Institute of British Architects

These Notes are in two parts. Part 1 provides notes on Use and Completion and Part 2 provides a Model Letter of Appointment together with numbered notes to assist in the drafting of a project specific letter. The Model Letter concludes with an Agreement clause to be signed by both parties as a simple contract. Alternatively: UÊ }Ո`>˜ViʈÃÊ«ÀœÛˆ`i`ʈvÊ̅iÊVœ˜ÌÀ>VÌÊ̜ÊLiÊÈ}˜i`Ê>ÃÊ`ii`ÆʜÀ UÊ Ì…iʏiÌÌiÀʓ>ÞÊLiÊÕÃi`ʈ˜ÊVœ˜Õ˜V̈œ˜Ê܈̅Ê>Êi“œÀ>˜`ՓʜvÊ
}Àii“i˜Ì° In this updated edition amendments have been made on page 3: UÊ ÌœÊ̅iʘœÌiʜ˜Ê̅iÊProvision of Services Regulations 2009 UÊ Ê˜œÌˆ˜}Ê̅>ÌÊ̅iÊHousing Grants, Construction and Regeneration Act is amended byy Part 8 of the Local Democracy, Economic Development and Construction Act 2009. heir advisers visers when us All parties must rely exclusively upon their own skill and judgement or upon their using electronic either RIBA IBA nor RIBA Enterp Ente components from the suite of RIBA Agreements 2010, 2012 revision and neither Enterprises Ltd assume any liability to any user or any third party.

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These notes may be read in conjunction with Guide to RIBA Agreements 2010 (2012 revision), which gives general guidance on getting started; terms of RIBA Agreements; consumer clients; the brief; the services; watch points – fees and expenses, copyright, liability and insurance, net contribution, dispute resolution, suspension and termination; final details, amendments and attestation.

Copyright Licence  This document is for the sole use of the purchaser.  You may use it for one professional services contract only. y.  You and the other party to your contract may distribute e copies es of this document documen to adv advisers and to other persons as nce ce of your contracts. necessary in connection with the proper performance  In any other case, you may not distribute or reproduce roduce the he whole or any ppart of this t document in any work, whether ithout the prior written consent c oof RIBA Enterprises Ltd. in hard copy, electronic or any other form, without  You may not use the RIBA initials or logo unless you ou are an RIBA cchartere chartered member or RIBA chartered practice.

Copyright notice © Royal Institute of British Architects, 2010, 2012 Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion; Part 2 Model Letter Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA First published 2010; updated September 2011 Revised edition published 2012 RIBA Publishing is part of RIBA Enterprises Ltd. www.ribaenterprises.com

2

RIBA Standard Conditions of Appointment and Schedules are suitable: UÊ vÊ œÀÊ>ÊVœ““ˆÃȜ˜Ê܅iÀiÊ`iÌ>ˆi`ÊVœ˜ÌÀ>VÌÊÌiÀ“ÃÊ>ÀiʘiViÃÃ>ÀÞÆ UÊ ÊvœÀÊ>Ê܈`iÊÀ>˜}iʜvÊ«ÀœiVÌÃÊÕȘ}ʓœÃÌÊ«ÀœVÕÀi“i˜Ìʓi̅œ`ÃÆ UÊ Ü Ê …iÀiÊ̅iÊ ˆi˜ÌʈÃÊ>V̈˜}ÊvœÀÊLÕȘiÃÃʜÀÊVœ““iÀVˆ>Ê«ÕÀ«œÃiÃÆʜÀ UÊ Ê܅iÀiÊ̅iÊVœ““ˆÃȜ˜ÊˆÃÊvœÀÊܜÀŽÊ̜Ê̅iÊ ˆi˜Ì½Ãʅœ“iÊ܅iÀiÊ̅iÊÈâiʜÀÊÛ>ÕiʜvÊ̅iÊ«ÀœiVÌʓiÀˆÌÃÊÕÃiʜvÊ̅iÊ JCT Standard or Intermediate forms of building contract[1] or similar and the terms have been individually ˜i}œÌˆ>Ìi`Ê܈̅Ê̅iÊ ˆi˜ÌÊ>ÃÊ>ʼVœ˜ÃՓiÀ½° The components of a Standard Agreement 2010, 2012 revision are the Conditions of Appointment, the Schedules, any appendices and either a Memorandum of Agreement or Letter of Appointment, which is signed by hand as a simple contract or is, where the law of Scotland applies, validly subscribed. omponents ents aare available in print. The architect and consultant versions of the Standard Conditions and the core components Electronic versions are also available at www.ribabookshops.com/agreements. ts.

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Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion, 2012 revision

Apart from the Standard Conditions and the Project Data Schedule, use off all other components omponents is op optional providing the equivalent information is included in the Agreement. The Standard Conditions for the Appointment of a Consultant are particularlyy suitable for use with a multi-disciplinary consultant team so that all consultants are on the same terms and conditions. nditions. In projects where the Client is experienced in large development opmentt projects and/or the use oof the JCT/SBCC Major *ÀœiVÌÊœÀ“ÊœÀÊȓˆ>ÀʈÃÊ«>˜˜i`]Ê̅iÊ  Ê œ˜ÃՏÌ>˜Ì½ÃÊ œ˜ÌÀ>VÌʓ>ÞÊLiÊ>ÊÃՈÌ>LiÊ>ÌiÀ˜>̈ÛiÊ܅iÀiÊ̅iÊ
ÀV…ˆÌiVÌÉ

œ˜ÌÀ>VÌ “>Þ “ Li > ÃՈÌ>Li >L >ÌiÀ

œ˜ÃՏÌ>˜ÌÊV>˜ÊÀi>ܘ>LÞÊiÝ«iVÌÊ̅iÊ ˆi˜Ì½Ãʈ˜ˆÌˆ>ÊLÀˆivÊ̜ÊLiÊ`iˆÛiÀ>LiÊ܈̅ˆ˜ÊˆÌÃÊ̈“iÊ>˜`ÊVœÃÌÊ«>À>“iÌiÀÃÊ>˜`Ê̅iÊ LÀˆiv iv ̜ Li `iˆÛiÀ>Li ܈̅ˆ˜ Ü ˆÌà risks allocated accordingly. The Conditions

icit terms ms the obligations of the parties, p The Standard Conditions set out in explicit including the rules for the application of ed to create eate a fair balance of risk between the Architect/Consultant and the Client, particular clauses. They are designed ce of building projects. whether or not the Client has any experience egulations ons 2009 defines the minimum minim amount of information which service providers must The Provision of Services Regulations ng the registered status s o service providers (Architects or Consultants) who will be make available to Clients including of informatio is included incl party to the Agreement.t. Some of the information in RIBA Conditions of Appointment. The Model Letter o includes suggested wording word be of Appointment also before the signature about the availability of the information, which our own initiative, be easily ea can be supplied onn your accessible at your business address, or held on a publicly available dyy provided to the Client. weblink, if not already sed ed where the Client C The Conditions may be used is acting for business or commercial purposes or is a public authority, s, Construction Construc to whom the Housing Grants, and Regeneration Act 1996 (HGCRA), as amended by Part 8 of the Local pmen and Construction Act 2009, applies or where the client is a consumer ie ‘a natural Democracy, Economic Development «iÀܘÊ>V̈˜}ÊvœÀÊ«ÕÀ«œÃiÃʜÕÌÈ`iʅˆÃÊÌÀ>`i]ÊLÕȘiÃÃʜÀÊ«ÀœviÃȜ˜½°Ê Business clients include charities, religious organisations and not-for-profit bodies. Where the Client is a public authority, it may be necessary to include provisions relating to the Freedom of Information Act 2000 and to corrupt gifts and payments, for which an electronic Public Authority Supplement is available as part of RIBA Agreements 2010, 2012 revision. If the Client who has elected to complete an Agreement for work to his/her home or a second home, including a new …œÕÃiʜÀÊ>«>À̓i˜Ì]ʈ˜Ê…ˆÃɅiÀʜܘʘ>“i]ʈiʘœÌÊ>ÃÊ>ʏˆ“ˆÌi`ÊVœ“«>˜ÞʜÀʜ̅iÀʏi}>Êi˜ÌˆÌÞ]ʅiÉÅiÊ܈ÊLiÊ>ʼVœ˜ÃՓiÀ½Ê ˆiʼ>ʘ>ÌÕÀ>Ê«iÀܘÊ>V̈˜}ÊvœÀÊ«ÕÀ«œÃiÃʜÕÌÈ`iʅˆÃÊÌÀ>`i]ÊLÕȘiÃÃʜÀÊ«ÀœviÃȜ˜½Ê̜Ê܅œ“\ UÊ Ì…iÊUnfair Terms in Consumer Contracts Regulations 1999 (SI 2083) UTCCR; and UÊ The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 1816) apply.

[1] Other contracts include ICE Conditions of Contract for Minor Works or CIOB Small Works Contract.

3

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 1816) establish the right of a consumer to cancel an agreement for any reason within seven days from the date when the Client signed ˆÌ°Ê >ÕÃiÊ£äÊiÝÌi˜`ÃÊ̅iÊVœ˜ÃՓiÀÊ ˆi˜Ì½ÃÊÀˆ}…ÌÊ̜ÊV>˜ViÊ>˜Ê>}Àii“i˜Ì]Ê̜Ê܅iÀiÛiÀʈÌÊÜ>ÃÊÈ}˜i`Ê>˜`Ê̜Ê>˜ÞÊ agreement, including one relating to the construction of a new home. Ո`>˜Viʜ˜Ê¼ i}œÌˆ>̈˜}Ê̅iÊÌiÀ“ÃʜvÊ>˜Ê
}Àii“i˜ÌÊ܈̅Ê>Ê œ˜ÃՓiÀÊ ˆi˜Ì½ÊˆÃÊ}ˆÛi˜Ê܈̅Ê̅iÊœ`iÊiÌÌiÀ° A company may also be a ‘consumer‘, subject to Unfair Contract Terms Act 1977 but not the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) if the transaction is only incidental to, its business activity and which is not of a kind it makes with any degree of regularity. It may be a wise precaution and courteous to treat such consumers as though the UTCCR did apply.
ʼVœ˜ÃՓiÀ½Ê܅œÊˆÃʘœÌÊ>ʼÀiÈ`i˜Ìˆ>ÊœVVÕ«ˆiÀ½Ê܈Ênot be exempt from HGCRA or exempt from the CDM Regulations ˆvʘœÌÊ>ʼ`œ“iÃ̈VÊVˆi˜Ì½Ê>ÃÊ`ivˆ˜i`ʈ˜Ê̅iÊ Ê,i}Տ>̈œ˜Ã° The Schedules nd Other er Services; aand Fees and The schedules are Project Data; The Services – Role Specifications, Design and Consultan Expenses. Role Specifications include the roles of Project Manager, Lead Consultant,t, Cost Consulta Consultant, CDM >˜` iÈ}˜iÀ° iÈ}˜iÀ°

œ‡œÀ`ˆ˜>̜À]Ê œ˜ÌÀ>VÌÊ
`“ˆ˜ˆÃÌÀ>̜ÀÉÊ “«œÞiÀ½ÃÊ
}i˜Ì]Êi>`Ê iÈ}˜iÀÊ>˜`Ê iÈ}˜iÀ°

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Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion, 2012 revision

Each schedule is also available online in editable RTF format to enable le electronic ic completio completion, amendm amendment or customising to meet project requirements or to match the house style of the practice. actice.. Using the online Sc Schedule Schedules file, instead of the print version, will facilitate replacement of or the addition of anyy component, nent, for instance, wher where the standard Services uilding or Conservation Project Pr Sc schedule is to be replaced, by the Services for a Historic Building Schedule or the Contractor’s Design Services Schedule. Completion and customising does not constitute an ame amendme amendment to the Conditions. Project Data

This component is an essential part of an Agreement reementt based on RIBA Standar Standard Conditions.

i ˜œÌ >««ˆV>Li ˆ˜ÃiÀÌ ÀÌ ¼˜œÌ ¼˜ >««

œ“«iÌiÊ>ÊœvÊ̅iÊLœÝiÃ]Ê܅iÀiÊ̅iÞÊ>ÀiʘœÌÊ>««ˆV>Liʈ˜ÃiÀÌʼ˜œÌÊ>««ˆV>Li½ÊœÀʼ˜É>½ÊLÕÌÊi˜ÃÕÀiÊ̅iÊÀiÃՏÌʈÃʘœÌÊ ositionss will apply. apply ambiguous. If left blank the default positions The online version can be customised mised and completed ompleted electronically, elec electronica but it is important that any changes do not conflict with the Conditions. Unwantedd items can be deleted or perhaps pperhap struck through to remind the parties what is not included. The Project

à ̅i ˆi˜Ì½Ã ˜Ì à ˆ˜ˆÌˆ> ˆ˜ˆÌˆ> ÃÌ>Ìi“i˜Ì ÃÌ>Ìi“ œv /…ˆÃÊÃiV̈œ˜ÊÀiVœÀ`ÃÊ̅iÊ ˆi˜Ì½Ãʈ˜ˆÌˆ>ÊÃÌ>Ìi“i˜ÌʜvÊÀiµÕˆÀi“i˜ÌÃÊ­¼/…iÊ Àˆiv½®Êœ˜Ê܅ˆV…Ê̅iÊ-iÀۈViÃÊ>˜`ÊiiÃÊ܈Ê estt outcomes it is sensible to set these out in a separate Brief document attached as a numbered be based. For the best Appendix. Time and Cost

> ˜ÃiÀÌÊ>˜ÞÊ>Û>ˆ>LiÊ`>Ì>ʜÀʼ̜ÊLiÊ>}Àii`½°Ê/…iÊ/ˆ“iÌ>LiÊ>˜`Ê̅iÊ œ˜ÃÌÀÕV̈œ˜Ê œÃÌÊ>ÀiÊ`ivˆ˜i`ʈ˜Ê̅iÊ œ˜`ˆÌˆœ˜Ã°Ê vÊ̅iÊ«ÀœiVÌÊ`œiÃʘœÌʈ˜VÕ`iÊ̅iÊ`iÈ}˜ÊœvʘiÜÊVœ˜ÃÌÀÕV̈œ˜ÊܜÀŽÃ]Êi˜ÌiÀʼ˜œÌÊ>««ˆV>Li½Êˆ˜Ê̅iÊLœÝÊÀiviÀÀˆ˜}Ê̜Ê̅iÊ Construction Cost. The Construction Cost may be used in two ways: UÊ >ÃÊ>ÊL>ÈÃÊvœÀÊ«iÀVi˜Ì>}iÊ>˜`ÊViÀÌ>ˆ˜ÊÕ“«ÊÃՓÊviiÃÊ­V>ÕÃiÃÊx°{]Êx°x°ÓÊ>˜`Êx°x°Î®ÆÊ>˜` UÊ >ÃÊ̅iÊL>ÈÃÊvœÀÊVœÃÌÊVœ˜ÌÀœ°Ê A project manager may be responsible for managing provision of furniture and equipment outside the building contract, etc. In this case, the Construction Cost could include the cost of those elements. It is important to ensure that the Client approves the latest estimate before proceeding, because in the event of no approval the default position would be any earlier approval or the entry under time and cost or, in the absence of either œvÊ̅iÃi]ʼ>Êv>ˆÀÊ>˜`ÊÀi>ܘ>LiÊ>“œÕ˜Ì½°Ê

4

Project appointments

˜ÌiÀÊ̅iʘ>“iÃÊ>˜`Ê>``ÀiÃÃiÃʜvÊ̅iʜ̅iÀÊVœ˜ÃՏÌ>˜ÌÃʜÀÊëiVˆ>ˆÃÌÃʜÀʈvʘœÌʎ˜œÜ˜Êi˜ÌiÀʼvˆÀ“Ê̜ÊLiÊ>}Àii`½ÊœÀʈvʘœÌÊ ÀiµÕˆÀi`Êi˜ÌiÀʼ˜œÌÊ>««ˆV>Li½°Ê œÀÊV>ÀˆÌÞ]ʈÌʓ>ÞÊLiʅi«vՏÊ̜ʘœÌiÊ>ÊVœ˜ÃՏÌ>˜Ì½ÃÊÀi뜘ÈLˆˆÌÞÊvœÀÊ̅iÊ`iÈ}˜ÊœvÊ«>À̈VՏ>ÀÊii“i˜ÌÃÊi}Ê`À>ˆ˜>}iÊ below ground, drainage above ground, hard landscape, soft landscape etc (unless the Multi-disciplinary Design Services Schedule is used). vÊ̅iÊVˆi˜Ìʅ>ÃÊ>}Àii`Ê̅>ÌÊ>ÊÃÕL‡Vœ˜ÃՏÌ>˜Ìʓ>ÞÊLiÊ>««œˆ˜Ìi`Ê̜ʫiÀvœÀ“Ê«>ÀÌʜvÊ̅iÊ
ÀV…ˆÌiVÌÉ œ˜ÃՏÌ>˜Ì½ÃÊÃiÀۈViÃ]ʈÌÊ “>ÞÊLiÊVœ˜Ûi˜ˆi˜ÌÊ̜Êi˜ÌiÀ]ÊvœÀÊiÝ>“«i\ʼ
VViÃÃÊëiVˆ>ˆÃÌÊqÊ
ÀV…ˆÌiVÌ\Ê-ÕL‡Vœ˜ÃՏÌ>˜ÌÊ i>ÀÜ>ÞÊ
ÃÜVˆ>ÌiÃÊœ˜`œ˜½Ê Liability and insurance See Guide to RIBA Agreements 2010 (2012 revision). It may be beneficial to discuss this issue with the insurers/broker, particularly if the net con contribution clause is deleted or sub-consultants are proposed or cover is limited for some claims to specific amounts mounts ts in the aggregate in any year of insurance, eg claims arising from asbestos or pollution and/or other claimss such as terrorism aare excluded.

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Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion, 2012 revision

It may be beneficial to discuss the professional indemnity insurance cover er for the project with the insurers/broker, ins particularly if the net contribution clause is deleted or the Client is a consumer onsumer er or sub-consult sub-consultants are proposed (see also note 3 to the Model Letter). nfirm thee name of the provider provi The Provision of Services Regulations 2009 require you to confirm of professional indemnity verage.. This can be supplied sup on yyour own initiative, be easily insurance, contact details of the insurer and territorial coverage. able weblink, or included in the Model Letter. accessible at your business address, at a publicly available Supplementary agreements

tary agreement, reement, it may be advisa Before agreeing to enter in to any supplementary advisable to take legal advice and discuss the issue with the insurers/broker. nd use of the Contracts (Rights (R o Third Parties) Act 1999 by means of a Third In England, Wales and Northern Ireland of ollateral warranties may be preferred pref Party Rights Schedule instead of collateral to reduce the costs associated with nic draft for a Third Party P preparation of such documents.. An electronic Rights Schedule is available as part of RIBA ion. In Scotland use may bbe made mad of the Scottish common law right of Jus Quaesitum Agreements 2010, 2012 revision. ). If so, legal egal advice should s be so Tertio (Third Party Rights). sought. ltant tant Switch Swi Novation and Consultant

/…iʘœÌiÃÊ̜Ê̅iÊ œ˜ÌÀ>V̜À½ÃÊ iÈ}˜Ê-iÀۈViÃÊ-V…i`Տi]Ê>Û>ˆ>LiÊ>ÃÊ>˜ÊiiVÌÀœ˜ˆVÊvˆi]ʈ˜VÕ`iÊ}Ո`>˜Viʜ˜Ê̅iÊ œ˜ÌÀ>V̜À½Ã ÌÀ>V̜À½Ã iÈ}˜ -iÀۈVià ۈVià ments ents which may apply when the project will be procured under a design and build contract. supplementary agreements ere the Client Clien is a Public Authority Conditions applicable where

ne provides some additional requirements which may be required if the Client is a This supplement, available online, public authority. Disputes See part 2 note 7 for guidance on dispute resolution procedures. The Guide to RIBA Agreements 2010 (2012 revision) also covers selection of the dispute resolution procedures. Services: Role Specifications, Design and Other Services /…ˆÃÊVœ“«œ˜i˜ÌÊVœ“«ÀˆÃiÃÊÃV…i`ՏiÃÊvœÀÊ̅iÊ
ÀV…ˆÌiVÌÉ œ˜ÃՏÌ>˜Ì½Ãʓ>˜>}i“i˜ÌÊÃiÀۈViÃ]Ê`iÈ}˜ÊÃiÀۈViÃÊ>˜`Ê>˜ÞÊ Other Services. The Schedules are designed to enable the services to be tailored to suit the requirements of the Client, the Project or ̅iÊ
ÀV…ˆÌiVÌÉ œ˜ÃՏÌ>˜Ì½ÃÊ«À>V̈Vi°

5

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Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion, 2012 revision

The objective is to identify: UÊ Ê̅iÊÀœiÃÊ̜ÊLiÊ«iÀvœÀ“i`ÊqÊ̅iÊÀi뜘ÈLˆˆÌˆiÃÊ>˜`Ê>Õ̅œÀˆÌÞʜvÊ̅iÊ*ÀœiVÌÊ>˜>}iÀ]Êi>`Ê œ˜ÃՏÌ>˜Ì]Ê Ê

œ‡œÀ`ˆ˜>̜À]Ê œ˜ÌÀ>VÌÊ
`“ˆ˜ˆÃÌÀ>̜ÀÉ “«œÞiÀ½ÃÊ
}i˜Ì]Êi>`Ê iÈ}˜iÀÊ>˜`Ê iÈ}˜iÀÊ>˜`Ê̅iÊLœÕ˜`>ÀˆiÃÊLiÌÜii˜Ê different appointments. A role specification defines the services of the role, whether or not the relevant consultant is appointed on the same terms as the Architect, particularly where the Architect is not the Contract Administrator or Lead Consultant; UÊ Ê̅iÊ>V̈ۈ̈iÃʈ˜Êi>V…Ê>««ˆV>LiÊܜÀŽÊÃÌ>}iÊqÊ̅iʘœÀ“>ÊÃiÀۈViÃÊÆÊ>˜` UÊ Ê>˜ÞÊ"̅iÀÊ-iÀۈViÃÊÀiµÕˆÀi`° /…iÊ-iÀۈViÃÊŜՏ`Ê>VVÕÀ>ÌiÞÊÀiviVÌÊ̅iÊ ˆi˜Ì½ÃÊÀiµÕˆÀi“i˜ÌÃ]Ê«>À̈VՏ>ÀÞÊ܅iÀiÊ̅iÊ
ÀV…ˆÌiVÌÉ œ˜ÃՏÌ>˜ÌʈÃÊÌœÊ perform other professional services or only part of the Services within a work stage or only preparing and submitting a planning application. Check whether the Services are compatible with or need to be extended to comply withh client procedures, that the Schedules accurately reflect the roles and services that the Architect/Consultant is to perfo perform. Delete/cross through any stages or Services not required or any alternatives which will not apply apply. Where appropriate Õ“« ÃՓð “ð >˜`Ê>««ˆV>Li]ʓ>ÀŽÊˆ˜`ˆÛˆ`Õ>Ê>V̈ۈ̈iÃÊ܈̅ʼ/½ÊvœÀÊ̈“iÊV…>À}iÃʜÀʼ-½ÊvœÀʏՓ«ÊÃՓð

“«œÞiÀ½Ã ÞiÀ½Ã ,iµÕˆÀi“i˜ÌÃ] ,iµÕˆÀi“i˜ ܅i The Design Services Scheduleʓ>ÞÊ>ÃœÊLiÊÕÃi`ÊvœÀÊ̅iÊ«Ài«>À>̈œ˜ÊœvÊ “«œÞiÀ½ÃÊ,iµÕˆÀi“i˜ÌÃ]Ê܅iÀiÊ̅iÊ«ÀœiVÌÊ tractor’s Design n (JCT DB D 05 or SBC/DB/ is to be procured under the JCT Standard Form of Building Contract with Contractor’s rts 1-4. Scot) or similar. See also Contractor’s Design Services Notes Parts mission does not relate re If a RIBA schedule is not suitable because, for instance, the commission to a typical building project or ule should uld be devised, perhaps pe u a different plan of work is used, a project specific schedule using the editable RTF version. nce. e. Identify the new schedule with an appropriate reference. Li Ài«>Vi` «>Vi` ÕȘ} > «ÀœviÃȜ˜ «À
ÌiÀ˜>̈ÛiÞ]Ê̅iÊÃiV̈œ˜Ê¼ iÈ}˜Ê-iÀۈViýÊVœÕ`ÊLiÊÀi«>Vi`ÊÕȘ}Ê>Ê«ÀœviÃȜ˜‡Ã«iVˆvˆVÊÃV…i`Տi° À ܈ …>Ûi Ûi ̜ Ì Li «iÀvœÀ“i` iÀvœÀ“ ̜ >V `i˜ÌˆvÞÊ>˜Þʼ"̅iÀÊ-iÀۈViýÊ܅ˆV…ʈÌʈÃÊVi>ÀÊ܈Ê…>ÛiÊ̜ÊLiÊ«iÀvœÀ“i`Ê̜Ê>V…ˆiÛiÊ̅iÊVˆi˜Ì½ÃÊÀiµÕˆÀi“i˜ÌÃÊ>˜`Ê ViÃÃ>ÀÞ ÀiVœÀ` œÀ` ̅i ÃVœ«i Vœ« œv >˜Þ Vœ˜Ãˆ`iÀÊ܅œÊŜՏ`Ê«iÀvœÀ“Ê̅i“°ÊvʘiViÃÃ>ÀÞÊÀiVœÀ`Ê̅iÊÃVœ«iʜvÊ>˜Þʈ`i˜Ìˆvˆi`ʼ"̅iÀÊ-iÀۈVi½° ese schedules edules the following followin sch As an alternative or in addition to these schedules available in RTF format may be used with the Standard Agreement: dule Access Consultancy Servicess Schedule ces Schedule hedu Contractor’s Design Services servation Project Services Servi Sche Historic Building or Conservation Schedule ndd Post-occupation Evalua Evaluation S Initial Occupation and Services Schedule ervices vices Schedule Master Planning Services esign sign Services Schedule Multi-disciplinary Design ess file, instead inst Using the online Schedules of the print version, will facilitate replacement or addition of any component, dard Services Servi for instance, where the standard schedule is to be replaced, by the Historic Building or Conservation Project or’s Design D Services Schedule or Contractor’s Services Schedule. Fees and Expenses The optional schedule for Fees and Expenses provides a structured basis for recording the basis of the Fee and alternative arrangements for reimbursement of expenses. See also numbered note 6 in part 2. /œÊi˜ÃÕÀiÊ̅>ÌÊ̅iÊ
ÀV…ˆÌiV̽ÃÊ>VVœÕ˜ÌÃʈÃÃÕi`Ê̜Ê̅iÊ ˆi˜ÌÊ>ÀiÊivviV̈ÛiÊ>ÃÊ«>ޓi˜ÌʘœÌˆViÃÊ>ÃÊÃiÌʜÕÌʈ˜ÊV>ÕÃiÊx°£{]Ê each invoice issued by the Architect should incorporate the following wording: ‘This is the amount due in respect of the services provided, calculated as set out in this invoice and in accordance with the Schedule of Fees and Expenses in our appointment agreement dated . This invoice constitutes a notice complying with S110A(3) of the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development Act 2009. The payment due date is the date of this «>ޓi˜ÌʘœÌˆVi°½

6

Negotiating the terms of an Agreement with a consumer Client vÊ̅iÊ ˆi˜ÌʈÃÊ>ʼVœ˜ÃՓiÀ½Ê>ÃÊ`ivˆ˜i`Ê՘`iÀÊ1/

,ʈÌʈÃÊÀiVœ““i˜`i`Ê̅>ÌÊޜÕÊÀi>`Ê̅ÀœÕ}…Ê̅iÊÌiÀ“ÃʜvÊ̅iÊ
}Àii“i˜ÌÊ܈̅Ê̅iÊ ˆi˜ÌÊ>˜`ʈ˜`ˆÛˆ`Õ>Þʘi}œÌˆ>ÌiÊi>V…ÊÌiÀ“ʈ˜Ê̅iÊVœ˜ÌiÝÌʜvÊ̅iÊVœ˜ÃՓiÀ½ÃÊÀˆ}…ÌðÊ>ˆÕÀiÊ̜Ê`œÊ so could lead to certain terms of the Agreement being invalidated. UTCC Regulation 5.1 states: ‘A contractual term which has not been individually negotiated shall be regarded >ÃÊ՘v>ˆÀʈv]ÊVœ˜ÌÀ>ÀÞÊ̜Ê̅iÊÀiµÕˆÀi“i˜ÌʜvÊ}œœ`Êv>ˆÌ…]ʈÌÊV>ÕÃiÃÊ>ÊÈ}˜ˆvˆV>˜Ìʈ“L>>˜Viʈ˜Ê̅iÊ«>À̈iýÊÀˆ}…ÌÃÊ>˜`Ê œLˆ}>̈œ˜ÃÊ>ÀˆÃˆ˜}Ê՘`iÀÊ̅iÊVœ˜ÌÀ>VÌ]Ê̜Ê̅iÊ`iÌÀˆ“i˜ÌʜvÊ̅iÊVœ˜ÃՓiÀ°½Ê iÛiÀ̅iiÃÃ]Ê̅iʘi}œÌˆ>̈œ˜ÃÊŜՏ`Êi˜>LiÊ̅iÊVœ˜ÃՓiÀÊ̜ʼˆ˜vÕi˜ViÊ̅iÊÃÕLÃÌ>˜Vi½ÊœvÊ̅iÊÌiÀ“ÃÊ>˜`ʓˆ˜ˆ“ˆÃiÊ the risk that subsequently they would be considered to be unfair to the Client. It is not unheard of for a consumer to claim subsequently that they did not understand the implications of a term. Schedule 2 to UTCC Regulation 5.5 gives an ‘indicative and non-exhaustive list of terms which may be regarded >ÃÊ՘v>ˆÀ°½Ê/…iʏˆÃÌʈ˜VÕ`iÃÊÌiÀ“Ãʅ>ۈ˜}Ê̅iÊivviVÌʜvʼˆ˜>««Àœ«Àˆ>ÌiÞÊiÝVÕ`ˆ˜}ʜÀʏˆ“ˆÌˆ˜}Ê̅iʏi}>ÊÀˆ}…ÌÃʜvÊ̅iÊ ˆÌˆ˜} Ì Vœ˜ÃՓiÀ½ÊœÀʼiÝVÕ`ˆ˜}ʜÀʅˆ˜`iÀˆ˜}Ê̅iÊVœ˜ÃՓiÀ½ÃÊÀˆ}…ÌÊ̜ÊÌ>Žiʏi}>Ê>V̈œ˜ÊœÀÊiÝiÀVˆÃiÊ>˜Þʜ̅iÀʏi}>ÊÀi“i`Þ½° ÀVˆÃi >˜Þ

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Standard Agreement 2010 (2012 revision): Notes: Part 1 Use and Completion, 2012 revision

RIBA Conditions of Appointment are designed as an entity and provide remedies es for the client in tthe event of default by the Architect/Consultant, in particular the requirement to maintain PI insurance surance and the ooptions for dispute resolution. Nevertheless, the following terms may need careful explanation: UÊ ÊÃÌ>ÌÕ̜ÀÞÊÀiµÕˆÀi“i˜ÌÃʘœÌÊ>««ˆV>LiÊ̜ʼÀiÈ`i˜Ìˆ>ÊœVVÕ«ˆiÀýʜÀʼVœ˜ÃՓiÀýʭV>ÕÃiÃÊx°£{]Êx°£x]Êx°£Çqx°£™]Ên°£Ó®Ê Àà œÀ ˜ÃՓ although these are mainly procedural; UÊ iÝVÕȜ˜ÊœvÊ̅iÊÀˆ}…ÌʜvÊÃi̇œvvÊ­V>ÕÃiÊx°£È®ÆÊ UÊ ÀiVœÛiÀÞʜvÊVœÃÌÃÊ­V>ÕÃiÊx°Óä°£®Æ UÊ Ì…iÊVœ˜ÌÀ>VÌÕ>Êˆ“ˆÌ>̈œ˜Ê«iÀˆœ`Ê>˜`Ê̅iʏˆ“ˆÌ>̈œ˜Êœvʏˆ>LˆˆÌÞʈ˜Ê>“œÕ˜ÌÊ­V>ÕÃiÃÊÇ°£Ê>˜`ÊÇ°Ó®Æ ˜ œv ˆ>LˆˆÌÞ >“ co clause 7.3) – see also numbered note 3; UÊ exclusion of the right of joint and several liabilityy (as in the net contribution UÊ `ˆÃ«ÕÌiÊÀi܏Ṏœ˜Ê­V>ÕÃiʙ®ÊqÊÃiiÊ>ÃœÊ˜Õ“LiÀi`ʘœÌiÊÇ° Ài` Ç° If the Client requires amendment to or deletion etion of any of these thes provisions, the Architect/Consultant will need to consider any change to liability. The following numbered notes provide ovide some indication indicat of the issues to be addressed. Note 4 draws attention to the ance of the negotiations negotiat need to record the substance and any amendments that are agreed, so that it can be shown that rds with the Regulations. Regulations The record could be included in the Letter of Appointment or in an the Agreement accords ndix will be necessary if the Memorandum is used. appendix. An appendix If the negotiations are re protracted or sending the Letter is delayed, it may be appropriate to send a note of the discussions to the Client immediate immediately after the meeting(s). If the Client is a married couple or joint residential occupiers, all the Client parties are consumers, but the Client should identify one of their number as their representative with full authority to act on behalf of the parties and to sign the Agreement. œÀÊܜÀŽÊ̜Ê̅iÊ ˆi˜Ì½Ãʅœ“iʜÀÊ̜Ê>ÊÃiVœ˜`ʅœ“i]Ê̅iÊ ˆi˜ÌÊ܈ÊLiÊiÝi“«ÌÊvÀœ“Ê>˜ÞÊÃÌ>ÌÕ̜ÀÞÊ`ṎiÃÊ>ÀˆÃˆ˜}ÊvÀœ“\ UÊ Ê̅iÊHousing Grants, Construction and Regeneration Act 1996 as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009]Ê>ÃÊ>ʼÀiÈ`i˜Ìˆ>ÊœVVÕ«ˆiÀ½Æ UÊ Ì…iÊConstruction (Design and Management) Regulations 2007; UÊ Ì…iÊLate Payment of Commercial Debts (Interest) Regulations 2002. œÜiÛiÀ]ʈvÊ̅iÊ ˆi˜Ì½ÃÊÃiVœ˜`ʅœ“iʈÃÊ̜ÊLiʏiÌÊ>ÌÊ>˜ÞÊ̈“iÊ>ÃÊ>ʅœˆ`>ÞÊÀi˜Ì>ÊœÀÊ̜ʜ̅iÀÊÌi˜>˜ÌÃ]Ê̅iÊ ˆi˜ÌÊ܈ÊLiÊ deemed to be a business Client and the exemptions will not apply.

7

Note that the Letter of Appointment is to confirm what has been agreed or is proposed. When drafting the letter refer to the numbered notes, the Guide to RIBA Agreements 2010 (2012 revision) and adapt the text as appropriate, particularly where the Client is a consumer. The style of the Letter is less important than its contents, which are necessary to complete the terms of the Agreement. However, if the model text is not used, be careful that other wording does not modify or conflict with other provisions of the Agreement. The essential requirement is that all the necessary information is recorded in the Letter and/or in an appendix. Omission of any of the model contents should be considered carefully. Numbered notes 1 For purposes of identification, insert accurate names and addresses of the parties to the agreement. 2Ê /…iÊiÌÌiÀÊŜՏ`ÊLiÊvœÀ“>Êqʼ i>ÀÊ-ˆÀÉ>`>“oÊ9œÕÀÃÊv>ˆÌ…vՏÞoÊvœÀÊ>˜`ʜ˜ÊLi…>vʜvÊQ̅iÊ«À>V̈ViR½°Ê Ensure the title and location of the project are accurately stated. Ê

o vœÀ >˜` ˜` œ˜ œ Li… Ê œÀÊ>ÊVœ˜ÃՓiÀÊ ˆi˜ÌʈÌʓˆ}…ÌÊLiÊqʼ i>ÀÊÀÊ>˜`ÊÀýÊ>˜`ʼ9œÕÀÃÊȘViÀiÞÊoÊvœÀÊ>˜`ʜ˜ÊLi…>vʜvÊQ̅iÊ«À>V̈ViR½]Ê ct with what is intended to be a legal but avoid social or other comment that might subsequently cause conflict agreement.

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Standard Agreement 2010 (2012 revision): Notes: Part 2 Model Letter, 2012 revision

i place and in a readily 3 Use of the Project Data Schedule is essential to ensure that the necessaryy information is in meters, s, the consultant team, t the limits of liability and accessible format. It identifies the project, cost and time parameters, our project, ect, third party agr agreeme the professional indemnity insurance cover available for your agreements, dispute resolution options, the applicable law and the Effective Date. ands nds his/her role in rela relation to th It is a wise precaution to ensure the Client understands the appointment of other consultants, payment of fees, etc. hed as an appendix to the Project Projec Data. Note the Letter assumes the Brief is attached

re confirmat confirmation of th The Provision of Services Regulationss 20099 require the name of the provider of professional ils of the he insurer and territ territorial ccoverage. This can be supplied on your own indemnity insurance, contact details our business ness address, address at a public initiative, easily accessible at your publicly available weblink, or included in the Model Letter. in It may be beneficial to discusss the professional indemn indemnity insurance cover for the project with the insurers/broker, particularly if the nett contribution clause is deleted oor the client is a consumer or sub-consultants are proposed. Ê

Ó] ̅i
ÀV…ˆÌiV̽ÃÉ œ˜ÃՏÌ>˜Ì½Ã …ˆÌiV̽ÃÉ œ˜ÃՏÌ> ˆ Ê ˜`iÀÊV>ÕÃiÊÇ°Ó]Ê̅iÊ
ÀV…ˆÌiV̽ÃÉ œ˜ÃՏÌ>˜Ì½Ãʏˆ>LˆˆÌÞÊvœÀʏœÃÃʜÀÊ`>“>}iÊ`œiÃʘœÌÊiÝVii`Ê̅iÊ>“œÕ˜ÌʜvÊ̅iÊ 1 ÃՏÌ>˜Ì½Ã Ì>˜Ì½Ã VœÛiÀ° VœÛ /…i >“œÕ˜Ì “œÕ˜Ì
ÀV…ˆÌiV̽ÃÉ œ˜ÃՏÌ>˜Ì½ÃÊVœÛiÀ°Ê/…iÊ>“œÕ˜ÌÊ>Û>ˆ>LiÊvœÀÊ̅iÊ«ÀœiVÌÊŜՏ`ÊLiÊÀi>ܘ>Liʈ˜ÊÀi>̈œ˜Ê̜Ê̅iÊÀˆÃŽÃÊÌœÊ eness ness test under unde the U pass the reasonableness Unfair Contract Terms Act 1977, but it can be less than the cover carried by Ì>˜Ì½Ã >˜Ì½Ã «À>V̈Vi° «À>V ̅iÊ
ÀV…ˆÌiV̽ÃÉ œ˜ÃՏÌ>˜Ì½ÃÊ«À>V̈Vi°Ê claus 7.3 is designed so that the Architect/Consultant pays a fair share of the loss or The related net contributionn clause damage to the claimant on the assumption that any other parties to the loss have also paid their share. If the Client requires the clause to be deleted, it might, after discussion with the insurers/broker, be replaced with ‘The total ˆ>LˆˆÌÞʜvÊ̅iÊQ
ÀV…ˆÌiVÌRÊQ œ˜ÃՏÌ>˜ÌRÊ՘`iÀʜÀʈ˜ÊVœ˜˜iV̈œ˜Ê܈̅Ê̅ˆÃÊ
}Àii“i˜ÌÊÅ>Ê˜œÌÊiÝVii`ʐ>“œÕ˜Ì€½°Ê This may affect the professional indemnity insurance premiums payable and in turn the amount of the fee required.

Ê

Ê ˜Ê̅iÊV>ÃiʜvÊ>ÊVœ˜ÃՓiÀÊ ˆi˜Ì]ÊÃÕV…Ê>ÊV>ÕÃiÊivviV̈ÛiÞÊiˆ“ˆ˜>ÌiÃÊ̅iʏi}>ÊÀˆ}…Ìʜvʼœˆ˜ÌÊ>˜`ÊÃiÛiÀ>Êˆ>LˆˆÌÞ½Ê and replacing it with a cap on liability may offend against the UTCCR. Nevertheless, in James Moores v Yakeley Associates Ltd, the court accepted that in that case the cap was reasonable. CIC Liability Briefings on Net contribution clauses and Managing liability through financial caps are available at www.cic.org.uk/liability, but following the Scottish case of Langstane v Riversides QÓää™RÊ -"ÊxÓ]ʈÌʓ>ÞÊLiÊ̅>ÌÊ this issue will need to be revisited.

8

4 Insert a paragraph to record the substance of the negotiations with a consumer Client, as noted above. Additionally, it might be a wise precaution to make a detailed note of the negotiations, in particular drawing attention to those terms relating to payment, liability and dispute resolution and any amendments that are appropriate and send a copy to the client, prior to sending the Agreement for signature. Ê

Ê >ÕÃiÃÊx°£{Ê>˜`Êx°£x]Ê>˜`Ê̅iÊÀiviÀi˜ViÊ̜ʈÌʈ˜ÊV>ÕÃiÊn°£°ÓÊ>˜`ʙ°ÓÊ>ÀiÊ`iÀˆÛi`ÊvÀœ“ÊÃÌ>ÌÕ̜ÀÞÊÀiµÕˆÀi“i˜ÌÃÊ܅ˆV…Ê

>ÀiʘœÌʜLˆ}>̜ÀÞÊvœÀʼÀiÈ`i˜Ìˆ>ÊœVVÕ«ˆiÀýÊ>˜`ÊV>ÕÃiÊx°£Èʓ>ÞÊLiÊVœ˜Ãˆ`iÀi`Ê̜ÊLiÊ՘v>ˆÀÊ̜Ê̅iÊVœ˜ÃՓiÀÊ ˆi˜ÌÊ in the absence of a demonstrable record of negotiation and agreement.

5 The Services can be specified in the Role Specifications, Design and Other Services Schedule or, using the editable online version, in a customised schedule, eg if the original is not suitable because the commission does not relate to a typical building project or a different plan of work is used. Alternatively one of the alternative online schedules may be suitable. using the editable online 6 Fees and expenses can be specified in the optional Fees and Expenses schedule or, us version, in a customised schedule. Ê

iý ̜ “ˆÀÀœÀ ˆÀÀœÀ ̅i ܜÀ` Ê ÌiÀ˜>̈ÛiÞ]Ê«ÀœÛˆ`ˆ˜}Ê̅iÀiʈÃÊ>ʅi>`ˆ˜}ʼ-V…i`ՏiʜvÊiiÃÊ>˜`Ê Ý«i˜ÃiýÊ̜ʓˆÀÀœÀÊ̅iÊܜÀ`Ãʈ˜Ê̅iÊ œ˜`ˆÌˆœ˜Ã]Ê
e to RIBA A Agreements 201 2010 ((2012 revision). fees and expenses can be specified in the Letter as indicated in Guide

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Standard Agreement 2010 (2012 revision): Notes: Part 2 Model Letter, 2012 revision

al if changes are made ssubsequently to Indication of the fee for each stage or group of stages will prove beneficial the cost or programme. election of the dispute reso resolution procedures. 7 Guide to RIBA Agreements 2010 (2012 revision) covers selection vee a statutory right to adjud adjudicatio In a contract with a business Client both parties have adjudication. In the Project Data, select dustry stry Council or the relevant rele Sc the procedures published by the Construction Industry Scheme for Construction Contracts Regulations. on. Note also that th the joi Choose between legal proceedings and arbitration. joinder provision under CIMAR rule 2.6 will er parties to o the dispute al also inc apply only where the contracts of other include an arbitration condition. and willll be subject to the Arbitra A Arbitrations to be seated in Scotland Arbitration (Scotland) Act 2010. The parties will need to efault rules es in the Act are to be m consider whether any of the default modified or identified as not applicable. A consumer spute to the courts. Any oother ooptions must be negotiated. For instance the consumer has the right to refer any dispute ÀLˆÌÀ>̈œ˜ œ˜ «ÀœÛˆÃˆœ˜Ã ˆ˜ V>ÕÃi V> ™ VœÕ`ʜ«ÌÊ̜ÊÀiÌ>ˆ˜Ê̅iÊ>ÀLˆÌÀ>̈œ˜Ê«ÀœÛˆÃˆœ˜Ãʈ˜ÊV>ÕÃiʙ°Î]Ê«iÀ…>«ÃÊ̜ʎii«Ê̅iʓ>ÌÌiÀÊ«ÀˆÛ>Ìi°Ê œÌiÊ̅>ÌÊÀiµÕˆÀˆ˜}Ê isputes exclusively to arbitratio a consumer to take disputes arbitration is likely to be considered unfair (UTCCR Schedule 2.1(q)). er chooses adjudication, th the RIB Or, if a consumer RIBA Adjudication Scheme for Consumer Contracts, which may be w value alue claims, could be sel select suitable for low selected in the Project Data perhaps in addition to or as an alternative to the shed hed by the Construction Industry Council or the relevant Scheme for Construction Contracts procedures published Ì>ˆÃ ˆÃ œv ̅i ,
, Regulations 1998.Ê iÌ>ˆÃʜvÊ̅iÊ,
Ê-V…i“iÊ>ÀiÊ>Û>ˆ>LiÊvÀœ“Ê̅iÊ ˆÃ«ÕÌiÃÊ,i܏Ṏœ˜Ê"vvˆVi]Ê/\ÊäÓäÊÇÎäÇÊÎÈ{™Ê dicatio dication@ins \ÊäÓäÊÇÎäÇÊÎǙÎÊ \ [email protected] re the dispute procedures are recorded (see note 4) can an Architect/a Consultant Only if the negotiations to agree be assured that the decisions of an adjudicator/arbitrator could not be challenged by a consumer Client on the grounds of no jurisdiction. 8 Completion If this Agreement is being completed after the Effective Date, ie after performance of the Services commenced, ensure the entries in the various components are compatible with the basis on which the Architect/Consultant started work. Ê

Ê œÌiÊ̅>ÌʈvÊ̅ˆÃÊ
}Àii“i˜ÌʈÃʘœÌÊÈ}˜i`ÊLÞÊ>ÊVœ˜ÃՓiÀÊ ˆi˜ÌÊLivœÀiÊܜÀŽÊ…>ÃÊÃÌ>ÀÌi`]Ê̅iÊVœ˜ÃՓiÀ½ÃÊÀˆ}…ÌÊÌœÊ cancel in the seven day period after signing it may give the consumer time for second thoughts after the Architect/ Consultant has invested time and creative energy.

™

When the contract documents are ready, send them to the Client. It may be helpful to flag the places where signatures, witnesses or initials are required. The Model Letter of Appointment is mainly explanatory and may help the less experienced Client to understand the scope of the contract. The Model includes an Agreement clause, which when signed by the parties, confirms the contract and its component parts. The Agreement clause is to be deleted where use of a formal Memorandum of Agreement[2] is preferred. If a consumer Client has acknowledged clause 10 of the Agreement, there is no requirement to take any further action Either: Send the documents to the client asking for all the documents to be returned, when ssigned and initialled. ments; enter the date of the On return of the documents, check that all is in order, sign and initial the documents; chitect/Co Agreement and send a certified true copy to the Client for record purposes. The Architect/Co Architect/Consultant retains the originals.

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Standard Agreement 2010 (2012 revision): Notes: Part 2 Model Letter, 2012 revision

d documents, ments, each of w which ind A certified true copy may be a photocopy of the signed and initialled indicates, perhaps using a pre-printed adhesive label on the face: This is a true copy of the document referred ed to in the Agreem Agreement between and ect/Consultant> dated origin

Or: Ê

“i˜Ìà ̜ ̅i ˆi˜Ì vœÀ Vœ˜Ãˆ`iÀ> Vœ˜ Ê i˜`Ê̅iÊ ˆi˜Ì½ÃÊVœ«ÞʜvÊ̅iÊ`œVՓi˜ÌÃÊ̜Ê̅iÊ ˆi˜ÌÊvœÀÊVœ˜Ãˆ`iÀ>̈œ˜Ê>˜`Ê>ÀÀ>˜}iÊ>ʓiï˜}Ê܅i˜Ê ˆi˜ÌÊ>˜`Ê Ìœ È}˜ >˜` ˜` ˆ˜ˆÌˆ> ̈> ̅i `œVՓi˜ÌÃ
ÀV…ˆÌiVÌÉ œ˜ÃՏÌ>˜ÌÊV>˜Ê“iiÌÊ̜ÊÈ}˜Ê>˜`ʈ˜ˆÌˆ>Ê̅iÊ`œVՓi˜ÌÃ°Ê œ˜½ÌÊvœÀ}iÌÊ̜ÊÌ>ŽiÊ̅iÊ
ÀV…ˆÌiVÌÉ œ˜ÃՏÌ>˜Ì½ÃÊ copy to the meeting. A Agreements ments 2010 (2012 revision) re revision on completion and attestation. See also Guide to RIBA

En 9 Provision of a copyy of A Client’s Guide to Engaging an Architect, which includes a brief outline of the legislation and S fee options and A Client’s Guide to Health and Safety for a Construction Project, which outlines the obligations of a der CDM, may help the less les le experienced Client to understand what an architect can be expected business client under tructured. Both B titles are published by RIBA Publishing. to do and how their fees are structured. ropriate place ropria plac to draw attention to the availability of the information required by the 10 This may also be an appropriate lations 2009 about the practice, if not already provided to the Client. Provision of Services Regulations

[2] Available online.

10

Refer to the numbered notes and adapt the model text as appropriate. The symbols < > indicate where project specific information should be inserted. The sections of text highlighted in grey are optional, can be deleted or varied as appropriate. The sections of text between the [square brackets] are alternatives; generally only one of the sections should be selected. Refer to note 1 ˆ˜ÃiÀÌÊ ˆi˜Ì½ÃÊvՏÊLÕȘiÃÃʘ>“iÊ>˜`Ê>``ÀiÃÀ For the attention of Refer to note 2 Dear [Sir] [Madam] Project: <project title> at <site address> (‘the Site’)

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Standard Agreement 2010 (2012 revision): Notes: Part 2 Model Letter, 2012 revision

or this project. ect. I am now w wr Thank you for inviting my practice to act as your [Architect] [Consultant] for writing to confirm our discussions. etter [of Appointment] ppointment] [[and the M We have agreed that the Agreement with you will comprise this Letter Memorandum of ntment for [an Architect] [a Consultant] Cons Agreement] together with RIBA Standard Conditions of Appointment 2010 2012 ns (Appendix <) the Schedules of revision incorporating the proposed amendments to the Conditions vices and nd Fees and Expen (A Project Data, Role Specifications, Design and Other Services Expensess (Appendix ) and other documents referred to in this letter. endix sets ou [Your letter dated attached as Appendix out your requirements and information >LœÕÌÊ̅iÊ-ˆÌiÊqʼ̅iÊ Àˆiv½°RÊQœœÜˆ˜}ʜÕÀʓiï˜}Ê>˜`ʜÕÀÊۈÈÌÊ̜Ê̅iÊ-ˆÌiÊʅ>ÛiÊÃiÌʜÕÌÊޜÕÀÊÀiµÕˆÀi“i˜ÌÃÊ>˜`Ê iï˜} >˜` ˜` œÕÀ ÛˆÃˆÌ ÃˆÌ Ìœ ̅i -ˆÌi - … œÜ ˆ˜
««i˜`ˆÝ i˜ 88€R 8€R ˆ˜vœÀ“>̈œ˜Ê>LœÕÌÊ̅iÊ-ˆÌiÊqʼ̅iÊ Àˆiv½ÊLiœÜʈ˜Ê
««i˜`ˆÝʐ88€R Refer to note 3 th project, cost c and time parameters, the consultant team, You will see that the Project Data Schedulee identifies the fessional indemnity demnity insurance insu c the limits of liability and the professional cover available for your project, third party agreements, he applicable licable law and the effective effect date. Please check the entries carefully to ensure they dispute resolution options, the match your requirements.. ns its professional indemn indemnity po My practice maintains policy in respect of this Project with , who >Ì ˆ˜ÃiÀÌ >``ÀiÃà œv ˆ˜ÃÕÀiÀ€° ˆ˜ÃÕ V>˜ÊLiÊVœ˜Ì>VÌi`Ê>Ìʐˆ˜ÃiÀÌÊ>``ÀiÃÃʜvʈ˜ÃÕÀiÀ€°Ê˜vœÀ“>̈œ˜Ê>LœÕÌʓÞÊ«À>V̈Vi½ÃÊ«ÀœviÃȜ˜>Êˆ˜`i“˜ˆÌÞÊ«œˆVÞÊV>˜ÊLiÊ ation>. tion>. found at . ingg consultant consu Please make the outstanding appointments as soon as possible. As the CDM Regulations apply to this Project, you must appoint the CDM Co-ordinator as soon as RIBA Stages A and B are complete.[3] If it should prove necessary to seek advice from any consultants or specialists not recorded in the Project Data, we can discuss how this might be arranged.

[3] Not applicable to domestic Clients.

11

Refer to note 4 [This paragraph applies to consumer Clients only] I also confirm that I drew your attention to and explained the purpose of each of the conditions as shown in appendix . This Letter records the results of our discussions and in particular to our decisions on: UÊ ÊV>ÕÃiÊxÊÀi>̈˜}Ê̜ÊviiÃ]ÊiÝ«i˜ÃiÃÊ>˜`Ê«>ޓi˜Ì°Ê9œÕÊ>}Àii`Ê̜ÊvœœÜÊ̅iÊ«ÀœVi`ÕÀiÃÊÃiÌʜÕÌÊsubject to deletion of clause 5.15, and the reference to it in clause 8.1.2, and deletion of clause 5.16. UÊ ÊV>ÕÃiÊÇÊÀi>̈˜}Ê̜ʏˆ>LˆˆÌÞ°Ê9œÕÊasked for clause 7.3 (net contribution) to be [deleted] [amended to provide an overall cap on liability] and agreed that the time limit and the amount of professional indemnity cover specified in the Project Data appeared to be reasonable for your project. UÊ ÊV>ÕÃiʙ°£ÊÀi>̈˜}Ê̜Ê̅iÊÀi܏Ṏœ˜ÊœvÊ>˜ÞÊ`ˆÃ«ÕÌi° You also noted the provisions of clause 10. Refer to note 5 Services [The Services to be provided are <describe the professional services required> ] s.] In addition tto our role as [The Services are set out in the schedule of Role Specifications and Design Services.] nt] [Contract ntract Administrato Administrator] [Lead Designer] Designer, the Services include performance of the roles of [Lead Consultant] [CDM Co-ordinator[4]].

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Refer to note 6 Fees

edule (Fees Fees and Expense Expenses, 2012 revision Appendix [5]] [in the Schedule reference>)] Before implementing any changes required to the Servicess or an approved appro design design, the basis for any consequential change to the Fees or Expenses will be agreed with you. ou. Accounts will be submitted [monthly] [on completionn of each stage] for fee fees and other amounts due. Please note the final date for payment of our account is ory provisions[6] and that th clauses 5.14 and 5.15 are derived from statutory 14 days after the date of issue. V>ÕÃii x°£™ x°£ >˜Þ ÃՓà Ài“>ˆ˜ˆ˜ Ài *i>ÃiʘœÌiÊ̅>ÌÊ>ÃÊëiVˆvˆi`ʈ˜ÊV>ÕÃiÊx°£™Ê>˜ÞÊÃՓÃÊÀi“>ˆ˜ˆ˜}Ê՘«>ˆ`Ê>vÌiÀÊ£{Ê`>ÞÃÊ܈ÊLi>Àʈ˜ÌiÀiÃÌÊ«ÕÃÊÀi>ܘ>LiÊ debt recovery costs. will be ccharged [at net cost] [plus a handling charge of of net cost] percentage> of the total fee to the amount due.] [<list expenses>] xpenses.] enses.] [The fee includes expenses.] de on n your beh behalf, su Any disbursements made such as payments to the local authority for planning submissions or Building charged at [[net cost] [plus a handling charge of ] Regulations approval will be charg AT, w My practice [is registered for VAT, which is chargeable on all fees and expenses.] [is not registered for VAT but if during the course of this appointment it is necessary to register this will change.]

[4] Not applicable to domestic projects. [5] See under Fees and Expenses in Guide to an RIBA Agreement 2010 (2012 revision). [6] Applies to business clients only.

12

Refer to note 7 Disputes My practice aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to my attention as soon as possible and we can discuss how to resolve the issue. We hope we shall be able to settle the matter without recourse to the dispute resolution procedures set out in the Project Data. However, either of us can refer the matter to adjudication under [procedures published by the Construction Industry Council] [the relevant Scheme for Construction Contracts Regulations] [the RIBA Consumer Contracts Adjudication scheme]. Should we need help in choosing an adjudicator the nominator will be We have also agreed that, without prejudice to that right of adjudication, a dispute or difference may be referred Q̜ʏi}>Ê«ÀœVii`ˆ˜}ÃÊ>˜`ÊV>ÕÃiʙ°ÎÊ܈ÊLiÊ`iiÌi`RÊ̜Ê>ÀLˆÌÀ>̈œ˜Êˆ˜Ê>VVœÀ`>˜ViÊ܈̅Ê̅iÊ«ÀœÛˆÃˆœ˜ÃʜvÊV>ÕÃiʙ°Î°Ê Should we need help in choosing an arbitrator the appointor will be the [President or a Vice President of ] [President or the Secretary of the Royal Incorporation of Architects Scotland]. cts in S Refer to note 8 Completing the Agreement

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Standard Agreement 2010 (2012 revision): Notes: Part 2 Model Letter, 2012 revision

If you have any queries or concerns about these arrangements please let me know by , bbut if they are acceptable to you, please sign the [Agreement clause below] [Memorandum of the morandum m of Agreement], initial each e appendices where indicated, and return all the documents. Theyy will then en be countersig countersigned and the date entered in the Agreement clause and a certified copy set will be sent to you for your records. In relation to clauses 2.5.1 and 3.1 of the Conditions it is confirmed my practice and onfirmed ed that will w represent repre will represent your company. Refer to note 9 I am enclosing, for your information, a copy of A Client’s nt’s Guide to Engaging Engag an Architect which includes a brief outline of some relevant legislation and A Client’s Guide to Health and Safety Safet for a Construction Project which outlines the obligations of a business client under CDM [7], which I hope will yyou find helpful. Refer to note 10 [I am also enclosing] [I confirm that I have provided you with] background information about my practice [is available at ]]

Yours faithfully

for and on behalf of <practice name> name

[7] Not applicable to domestic projects.

13

AGREEMENT[8] This Agreement is subject to the law of [England and Wales] [Northern Ireland] [Scotland]. The Client, wishes to appoint the [Architect] [Consultant], for the Project and the [Architect] [Consultant] has agreed to accept the appointment. It is agreed that in accordance with the terms of this Agreement the [Architect] [Consultant] performs the Services >˜`Ê̅iÊ ˆi˜ÌÊ«>ÞÃÊ̅iÊQ
ÀV…ˆÌiVÌRÊQ œ˜ÃՏÌ>˜ÌRÊvœÀÊ̅iÊ-iÀۈViÃÊ>˜`Ê«iÀvœÀ“ÃÊ̅iÊ ˆi˜Ì½ÃʜLˆ}>̈œ˜Ã° The Agreement comprises this Letter of Appointment and the attachments listed below, each identifying the Site, the Client and the [Architect] [Consultant] and initialled by the parties before signing this Agreement. RIBA Standard Conditions of Appointment for the appointment of [an Architect] [a Consultant] 2010, 2012 revision. Appendix Schedules of Project Data, Role Specifications, Design and O Other Services and Fees and Expenses. Appendix Notes of discussions on the Conditions of Appointmentt

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Appendix Amendments to the Conditions Appendix
Appendix Supplementary Conditions for a Public Authority [9]9] and any other appendices

__________________ of ___________________________ 20__ ________________ This Agreement was made as a simple contract ntract[10] onn ___________

Signed

____________________ __________ _____________________________________

____________________________________________

Client

[Architect] [Consultant]

_____________________ ___________________ _____________________________________

____________________________________________

aturess if required requir by the t parties[11] Witness signatures

[8] Delete this Agreement clause if the Memorandum of Agreement is used. [9] Available as an electronic component. [10] If the Agreement is to be signed as a deed, delete the above and insert appropriate provisions to suit the status of the parties and their signatories.

For examples see Guide to RIBA Agreements 2010 (2012 revision) or the electronic version of these Notes. [11] If required by the parties where the law of England and Wales or the law of Northern Ireland applies, or to be self-proving under Scottish law.

14