Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 10
Introduction
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The Architects Code: Standards of Professional Conduct and Practice
Clause 4.4 of the ARB Architects Code states that:
You are expected to ensure that before you undertake any professional work you
have entered into a written agreement with the client which adequately covers:
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the contracting parties
the scope of the work
the fee or method of calculating it
who will be responsible for what
any constraints or limitations on the responsibilities of the parties
the provisions for suspension or termination of the agreement, including any
legal rights of cancellation
a statement that you have adequate and appropriate insurance cover as
specified by ARB
the existence of any Alternative Dispute Resolution schemes that the contract
is subject to and how they might be accessed
that you have a complaints-handling procedure available on request
that you are registered with the Architects Registration Board and that you are
subject to this Code.
Additionally, clause 4.5 requires that any agreed variations to the written
agreement should be recorded in writing.
The RIBA Code of Professional Conduct, applicable to individual RIBA members,
and Code of Practice, applicable to RIBA Chartered Practices, set out the standards
of professional conduct and practice required of RIBA members and practices.
The current edition of the RIBA Code of Professional Conduct came into effect on
1 January 2005. It is supported by a series of guidance notes.
RIBA Codes
Clause 2.3 of the RIBA Code of Professional Conduct applicable to members
states:
Members should ensure that their terms of appointment, the scope of their work
and the essential project requirements are clear and recorded in writing. They
should explain to their clients the implications of any conditions of engagement
and how their fees are to be calculated and charged. Members should maintain
appropriate records throughout their engagement.
Guidance Note 3 relating to Appointments advises:
3.1 When proposing or confirming an appointment, a member should ensure that
its terms and scope of works are clear and recorded in writing. Members should
take particular care when contracting with consumer clients.
3.2 Details of the key requirements of an appointment can be found in the current
RIBA standard forms of appointment.
3.3 Any variation to a standard form of appointment should be agreed with the
client and clearly stated in the contract documentation. Members should take
care that non-standard terms and conditions are:
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legally acceptable
compatible with other provisions
will not lead to excessive liabilities
do not create conflicts of interest.
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