Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 18
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Selecting the right contract
The RIBA Professional Services Contracts 2018 provide comprehensive contract
terms and are suitable where an Architect/Consultant undertakes a commission for
services on projects using a traditional form of procurement.
It is important that any appointment document clearly identifies the role, or roles,
to which the commission relates and that it is compatible with the procurement
method. In some instances, the procurement method will already have been
decided before the Architect/Consultant is appointed, by client choice or as a result
of other factors such as cost or time constraints. However, in many instances, the
procurement method cannot be settled at the time of agreeing the appointment,
thus the appointment documents use the traditional route but do not preclude a
change during the implementation of the Contract.
Although it is often assumed that appointments will be made for the whole project,
it may be that the appointment will only be up to a defined Plan of Work Stage or
may need to be amended subsequently if the role, the scope of the services or the
procurement method change. The RIBA Professional Services Contracts 2018 are
flexible in this respect and can be adapted in use, e.g. the Standard PSC has the
provision to allow the Architect/Consultant to be novated to the Contractor, should
the Contract be changed to Design & Build. The contract also has the provision for
the Architect/Consultant to decline novation, if they so wish.
It is most important that any Sub-consultant appointment allows for a back-to-back
agreement with the main Architect/Consultant PSC to ensure that the terms and
conditions are compatible. Obligations and warranties should be no more onerous
than those in the appointing document.
3.1 Why use a standard PSC?
Standard forms of appointment, such as the RIBA Professional Services Contracts
2018, follow one of the recommendations from the Latham Report (1994), which
stated that all parties in the construction process should be encouraged to use
standard forms without amendment.
Standard forms are fair and balanced in the interests of the parties and have many
advantages. They are less expensive and more convenient than bespoke contracts,
with detailed and comprehensive guidance based on legal opinion, often tested in
the courts. Bespoke contracts, or bespoke amendments to standard contracts, on
the other hand, can impair the balance and precise meaning of clauses or impose
obligations that are potentially uninsurable. That said, it is more likely that bespoke
contracts or contract amendments would occur on larger projects with commercial
clients rather than small commercial or domestic projects.
Points to consider if asked to use a bespoke contract
Contracts drawn up by Clients or their legal advisers are most likely to transfer
risk to the appointee, i.e. the Architect/Consultant. One limited advantage
of such agreements is that usually all the Consultants will be on the same
terms, but careful examination of the Client’s obligations, and the liabilities
and the strict obligations of the Architect/Consultant, is essential. In particular,
these agreements generally limit the authority of the Architect/Consultant and
contain some strict procedures, although not intended to impede the Architect/
Consultant’s ability to deliver the services.
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