1.0 DUTY OF CARE
1.1 The Consultant shall exercise reasonable skill and care in conformity with the normal standards of the Architect’s profession in performing the Services defined in the fee proposal and discharging all our obligations.
2.1 The Client will pay the Consultant the fee and expenses set out in the fee proposal.
2.2 Unless otherwise agreed, invoices will be submitted monthly or, if appropriate, a programme of installments shall be drawn up. Installments may not necessarily reflect the progress of our works and, in such cases, payment shall be made in accordance with Clause 8.0 thereunder if suspension or termination occurs.
2.3 Payments are due within 30 days of the date of the invoice and the Consultant reserve the right to cease work upon the project if fees are not paid by the due date.
2.4 GST is applicable on all fees.
2.5 Payments regarding Building Control Fees are payable before the submission of the Building Control Application.
2.6 Interest is payable on all outstanding amounts at the rate of statutory interest applicable on the payment due date, 8% above the Bank of England base rate. Interest is chargeable from the due date for payment accruing on a daily basis up to the date of receipt of cleared funds.
2.7 The Consultant reserves the right to cease work in the case of breach of contract or the non-payment of fees.
3.1 Out of pocket expenses include the cost of hotel charges and travel expenses within the United Kingdom but exclude, telephone and fax charges and various minor items, which are included in our fee.
3.2 Disbursements to be charged additionally include such items as:
3.21 Drawings and documents required by agents, funds, or third parties with an interest in the development.
3.22 Colour prints and drawings.
3.23 Physical models.
3.24 Site surveys, structural investigations, and load tests (unless otherwise agreed)
3.26 Fees for specialist professional advice not covered by our offer.
3.27 All costs relating to the engagement and payment of resident site staff.
3.28 Special reports and photographs for publicity or progress records.
3.29 Letting specification, marketing drawings, brochures.
3.30 Planning and Building Control Submission fees.
3.31 Postage and Courier charges.
4.0 CHANGE CONTROL
4.1 Should there be a variation in the agreed scope of works the Consultant will identify and issue this in a Change Notification Form which will identify any fee or programme implications. All Change Notification Forms issued will need to be agreed by the Client before the Consultant progresses with any variations.
4.2 Time Charges – Hourly rates include direct staff costs as well as indirect overhead costs apportioned across all technical staff
5.0 CLIENT’S INSTRUCTIONS
5.1 Although the Consultant is responsible for guiding the Client, the success of the project will depend to a large extent upon the Client’s instructions and approvals being given when required to suit the project timetable. The Client therefore will provide the Consultant with such information and make such decisions as are necessary for the proper performance of the agreed service.
5.2 Additional charges may be made for extra work arising from changes or delays in Client instructions in accordance with clause 5.1.
6.1 Intellectual property rights including copyright in the original work produced in the performance of the Service shall remain the property of the Consultant and the Consultant generally asserts the moral right to be identified as the author of such work. However, the Client shall be entitled to use such documents and drawings under a non-exclusive license and subject to payment having been received by the Consultant of a license fee.
6.2 The Consultant shall not be liable for the consequences of any use of information or designs prepared by them except for the purposes for which they were provided.
6.3 Photography & Marketing – The Consultant, would normally expect the use of photographs of the project and the use of project images for The Consultant’s promotion and marketing purposes unless permission is withheld.
7.0 CLIENT FEEDBACK/POST OCCUPANCY EVALUATION
7.1 As a practice we continuously strive to improve upon our service and approach and as such may request Client feedback at key project stages including post-occupancy evaluations on completion with the Client’s consent.
8.0 SUSPENSION AND TERMINATION
8.1 In the event of our appointment being suspended the Consultant shall be entitled to fees for all work executed at that time.
8.2 During such a period of suspension the Consultant shall be reimbursed for all expenses, and disbursements necessarily incurred under this appointment.
8.3 On the resumption of a suspended service within six months previous payments will be regarded solely as payments on account towards the total fee. The Consultant shall be entitled to treat as terminated any Appointment under which the service remains suspended for six months or more, and the provisions of 9.4 below shall then apply.
8.4 Should the Consultants appointment with you be terminated at any stage of the project because you decide to:
(i) Relinquish your interest in the site or project to others;
(ii) Proceed with the development without ourselves acting as your consultant Architects;
(iii) Abandon the development for any reason;
(iv) Terminate the appointment for any reason;
Then the fee due to the Consultant at the time of termination shall be calculated on a time charge basis at the agreed hourly rates or, in the event of no rates having been agreed, at the Consultants hourly rates current at that time such sum shall be recoverable as a debt. Use of the Consultants documents and drawings in the event of termination shall be subject to Clause 6.0 above.
9.0 LIABILITIES AND INSURANCE
9.1 Limit of liability – in any such action or proceedings:
9.1.1 The Consultants liability for loss or damage shall not exceed the amount of the professional indemnity insurance specified in the Project Particulars, providing the Consultant has notified the insurers of the relevant claim or claims as required by the terms of such insurance.
9.1.2 No employee of the Consultant, including any officer or director of a company or a member of a limited liability partnership or any agent of the Consultant, shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from the performance of the Services.
9.2 Net contribution – Without prejudice to the provisions of clause 10.1, the liability of the Consultant shall not exceed such sum as it is just and equitable for the Consultant to pay to have regard to the extent to the extent of the Consultants responsibility for the loss and/or damage in question and on the assumptions that:
9.2.1 All other consultants, contractors, and other persons involved in the project have provided to the Client contractual undertakings on terms no less onerous than those of the Consultant under this Agreement;
9.2.2 All the persons referred to in this clause have paid to the Client such sums as it would be just and equitable for them to pay to have regard to the extent of their responsibility for that loss and /or damage.
10.0 RIGHTS OF THIRD PARTIES
10.1 Nothing in this appointment shall confer or is intended to confer any right to enforce any of its terms on any person who is not a party to it other than lawful assignees.
11.0 CLIENT ACCEPTANCE
11.1 Client confirmation of acceptance of this fee agreement, by email or in writing, is necessary for the Consultant to commence work.