additional services 75, 94–5, 100 post-novation 166–8 redesign work 95, 107
adjudication 85, 147, 217, 255–69
adjustments to fees 75
adjustments to payments 76, 211, 217
adjustments to the contract sum 211, 213, 217
‘all reasonable endeavours’ 102
‘all reasonable skill and care’ 102
alternative dispute resolution (ADR) 253–4
appeals, legal 9
appointments see professional appointments
approvals and consents see consents and approvals
ARB see Architects Registration Board (ARB)
architects
as contract administrators 72, 177, 195, 203–6
duties during the tender pro cess 195–7
ensuring compliance with statutory requirements 183–8
professional standards 55–6, 223
relationship with client 172–5 188–9, 202–3
relationship with contractors 202–3
architect’s appointment see professional appointments
architects’ lien 141
Architects Registration Board (ARB)
Architects Code: Standards of Conduct and Practice 56, 84, 134, 175, 223, 248
‘assumption of responsibility’ 36, 40–2
‘back to back’ contracts 239–41
bespoke forms of appointment 66, 87, 91–149
bills of quantities 192
breach of copyright 78–9, 120–1, 123
British and Irish Legal Information Institute (BAILII) 7
forms of contract 191–5 letters of intent 26–32 procurement advice 182 tender process 181–2, 195–7
building control approval 189–91
building information modelling (BIM) 96 –7
Building Regulations 189–90 foreign work 50
Centre for Effective Dispute Resolution (CEDR) 276
certificate of making good 213, 217
certificate of non-completion 209
certificate of practical completion 211–12
certification for payment 214, 216–18
CIC/ConsWa 154
civil court system 8
Civil Procedure Rules (CPR) 252–3
clients
approval of key personnel 109–10
commissioning guidance 174
issuing instructions to project team 72
keeping client informed 109
relationship with architect 172–5, 202–3
codes of professional conduct 55–6, 223
collateral warranties 74–5, 110–15, 151–70
dispute resolution 255
‘penalties’ for failure to provide 113–14
post-novation 167
powers of attorney 114
versus third party rights (TPRs 162–3
companies, execution by 62
complaints procedure 245
confirmation letters (completion of works) 147–9
consents and approvals
building control approval 189–91
Construction (Design and Management) Regulations 2015 (‘CDM Regulations’) 183–5
Construction Acts 1996/2009 14, 76, 124–5, 128–33, 255–7, 267–8
Construction Industry Council, CIC/ConsWa 154
construction management contracts 194–5
construction management procurement route 197
consultants appointed by client 72 (see also sub-consultants)
commissioning guidance 174
dispute resolution 85, 147, 255–6
payment provisions 75–6, 78, 125
right to cancel appointment 84
Consumer Rights Act 2015 25, 67 85, 86
continuous professional development (CPD) 243–4
contract administrator’s role 177, 195, 203–6
doctrine of consideration 21–2
interpretation of contract 23–6
‘offer’ and ‘acceptance’ 23
contractors
claims against the architect 204–5
notice of delay 208
relationship with architect 202–3
responsibility 72
termination of appointment 218–20
contractor’s design 107–8, 193–4
contracts see building contracts; professional appointments
licenses 78–9, 96, 119–20 121–2, 158
third party 96
Copyright, Designs and Patents Act 1988 118
Court of Appeal 9
‘damage’ 38
decennial liability 49
deeds, execution as 59
default notices 218
Defective Premises Act 1972 42–3
defective work
latent defects 41, 47–8, 80, 145
defects rectification period 212
delay notices 208
delay of project
liquidated damages 144
deleterious materials see prohibited materials
‘delivered’ (deeds) 59
design and build contracts 164, 193–4, 202–3
design assumptions 188
design changes 95–6, 107 (see also variations)
‘diligence’ 103
disbursements 124
disciplinary proceedings 248–52
dispute resolution 85, 147, 252–78
alternative dispute resolution (ADR) 253–4
consumer clients 85, 147, 255–6
foreign work 50
documents (see also copyright)
accuracy 186
definition 96
format 79
retention of 48
domestic clients see consumer clients
‘due diligence’ 103
duty of care 20–1, 34–7, 73–4, 101–6
test for 36
‘effective date’ (of contract) 63, 99
‘equity’ 7
European Convention on Human Rights 12
European Court of Human Rights 12
European Court of Justice (ECJ) 12
exclusion clauses in contracts 25–6
‘exclusionary rule’ 24
extra work see additional services
‘factual matrix’ 24
‘fair and reasonable’ 26
feasibility stage 180
Fédération Internationale des Ingénieurs-Conseils (FIDIC)
Client/Consultant Model Services Agreement, Fifth Edition 2017 89–90
fees 56–7, 75–8, 124 (see also payment of fees)
Fire Safety Risk Assessment 191
‘fitness for habitation’ 42
fitness for purpose 143–4, 233
forms of appointment 55–6, 65–6, 69–90, 91–149
funders
collateral warranties 112, 154, 160
conditional payments 132
health and safety regulations 183–5
Her Majesty’s Courts & Tribunals Service (HMCTS) 8
High Court divisions 8
Housing Grants, Construction and Regeneration Act 1996 255
‘independently, honestly, fairly and impartially’ 205–6
initial project brief 179
insolvency
architect’s 131, 132, 140, 142, 224
inspections of the works 197–9, 214
instructions
clients’ 100
contract administrator’s role 210–11
insurance brokers 224
insurance manager role 237, 241–2
intellectual property rights 118
interest, on late payments 76
interim certificates 213, 214, 217–18
interpretation of contract 23–6
JCT Standard Building Contract Without Quantities 2016 (SBC/XQ) 202, 207, 209–10, 211, 212
joint and several liability 82
LADs (liquidated and ascertained damages) 144, 207, 209–10
land law 33
Late Payment of Commercial Debts (Interest) Act 1998 76
latent defects 41, 47–8, 80, 145
law of contract see contract law
lead consultant role 176
legal systems 5
letters of appointment 26
liability
limitations on 25–6, 73, 80–1, 14 4–7, 160–1
licenses see copyright
limitation period for actions 80, 145
contractual 58
limited liability partnerships (LLP) 61–2
liquidated and ascertained damages (LADs) 144, 207, 209–10
‘listed items’ 214
losses, client’s see economic loss
management 243
materials, off-site 214
NEC4, Professional Services Contract (PSC) 88–9
negligence see professional negligence actions
‘neighbour principle’ 35
net contribution 26, 72, 81–3, 145–6
non-completion certificates 209
Northern Ireland law 5
notice of delay 208
novation 74–5, 138–9, 164–70, 194
off-site materials 214
operation and maintenance (O&M) 199
outline planning permission 186
parliamentary bills 11
pay less notices 77–8, 130–1, 214–15, 258
‘pay when paid’ 132
payment guarantee bonds 51
payment notices 76–8, 128, 214–15
adjustments 75
conditional 132
in event of suspension or termination 76, 141–2
link to copyright license 79, 123
‘set-off’ 76
payments to contractor
certification for 213–14, 216–18
non-payment to contractor 217
percentage fees 124
performance-specified work 194
permissions and approvals see consents and approvals
permitted development 185
PII see professional indemnity insurance (PII)
planning conditions 186
post-completion phase 199
post-occupation evaluation 199
powers of attorney 114
practical completion 148, 211–12
practice management 243
pre-contract negotiations 24
principal designer 184
‘privity of contract’ 21
procurement route 180–1, 191–5
professional appointments 53–67
alignment with PII 234
amendments to contract or deed 64–5, 93
bespoke forms of appointment 66, 91–149
standard forms of appointment 55–6, 65–6, 69–90
professional indemnity insurance (PII) 83–4, 133–5, 221–46
alignment of terms of appointment with 57, 234
claim notification requirements 234–7
and collateral warranties 114, 155
and contract liability limits 80–1, 146–7
contract review service 92
excess sum 230
foreign work 49
limitation period for actions 46
maintenance by the architect 157
performance warranties 46, 105, 155
reporting potential claims 241–2
professional negligence actions 6, 8, 20, 33–4, 36 (see also duty of care)
professional standards 55–6, 223–4
prohibited materials 108, 156–7
project brief 179
quantity surveyor role 95, 181, 182, 214, 217
‘reasonable skill and care’ 6, 37, 73–4, 102, 188, 233
‘reasonableness’ 25
redesign work 95, 107 (see also variations)
regulations, compliance with 106, 108
repudiation 220
residential clients see consumer clients
RIBA
Adjudication Scheme for Consumer Contracts. 256
A Client’s Guide to Engaging an Architect 174
Code of Professional Conduct 55, 83–4, 134, 175, 223, 248
disciplinary process 248
Domestic Professional Services Contract 2018 85–7
Good Practice Guide: Fee Management 124
A Guide to Letter Contracts for Very Small Projects, Surveys and Reports 30
Leading the Team 176
Plan of Work 2013 97, 176, 177–9
Standard Professional Services Contract 2018 65–6, 70–88
schedule of defects 212
schedule of services 70, 175–6
Scheme for Construction Contracts 14, 125–6, 127, 256
Scottish law 5
Society of Construction Law 2
‘soft landing’ 199
sole traders 60
standard forms of appointment 55–6, 65–6, 69–90
standards
foreign work 50
statutory consents and approvals 185–6, 189–91
Statutory Instruments 11
statutory requirements, compliance with 183–8
sub-consultants 137
collateral warranties 115
copyright licences 122
sub-contracting 74–5, 137, 192, 194
‘suitability for purpose’ 42
‘supervision’ 197
Supreme Court 9
suspension of contracts 84–5, 133
by the client 139
payment for work carried out 76, 78
Technology and Construction Court (TCC) 8, 272
architect’s advice 196
termination of appointment 84–5
by the architect 140
payment for work carried out 76, 141–2
termination of contractor’s employment 218–20
terms of appointment see professional appointments
Third Parties (Rights against Insurers) Act 2010 224
third party copyright 96
third party insolvency 132, 133
third party rights (TPRs) 74, 110–15, 161–3, 224
time ‘at large’ 207
time limits see limitation period for actions
trust accounts 216
Unfair Contract Terms Act 1977 25
valuation, off-site materials 214
variations 100
payment for 75
re-submission of planning applications 186
withholding notices see pay less notices