Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 20
Selecting the right contract
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religious organisations and not-for-profit bodies. All projects undertaken by business
clients are ‘construction contracts’ to which the Housing Grants, Construction and
Regeneration Act 1996 (HGCRA, also known as the Construction Act), as amended
by Part 8 of the Local Democracy, Economic Development and Construction Act
2009, applies.
The RIBA Standard and Concise PSCs are compliant with the Construction Act and
are thus suitable in such instances. These contracts are not suitable, however, for
non-commercial work undertaken for a domestic client.
Where the work is to be done to their own home, the Client is deemed a
‘consumer’/Client and is subject to the Consumer Rights Act 2015 (formerly the
Unfair Terms in Consumer Contracts Regulations 1999). The work can include
renovations, extensions, maintenance and new buildings, providing that they have
elected to contract in their own name.
The RIBA Domestic PSC has been drafted as a consumer contract and is thus
suitable for work to a Client’s own property. However, if they are acting as a limited
company or other legal entity, or where the property will be let, then a commercial
contract, such as the Standard or Concise, should be used.
Type and complexity of the Project
The RIBA Standard Professional Services Contract 2018 is suitable for large
complex projects where the Architect/Consultant undertakes a commission for
architectural services.
The RIBA Concise Professional Services Contract 2018 is suitable for simple,
noncomplex, commercial projects of any value, or non-consumer residential
projects where the Architect/Consultant undertakes a commission for architectural
services in which the building works will be carried out using forms of Building
Contract, such as the RIBA Concise Building Contract 2018, the JCT Minor Works
Building Contract or the JCT Intermediate Building Contract.
The RIBA Domestic Professional Services Contract 2018 is suitable as a consumer
contract for commissions for simple domestic projects of any value, in which the
building works will be carried out using forms of Building Contract, such as the
RIBA Domestic Building Contract 2018.
Procurement route
All versions of the RIBA Professional Services Contracts 2018 are suitable for
commissions procured on the basis of a traditional form of building contract where
tendering occurs at the end of Stage 4 (Technical Design).
These Contracts are not suitable for other forms of procurement such as Design
and Build but the Standard form could be used as guidance for, and the basis of,
a Design and Build Professional Services Contract with suitable legal advice, for
example.
3.3 Selecting the appropriate form
Once the type of Client, the type, size and complexity of the project and the form of
procurement have been considered, the appropriate PSC form needs to be selected
based on the outcome of the discussions.
The three most important considerations for any Client at the outset of a project are
usually cost, time and quality, and the preferred contract and procurement route
usually calls for some compromise or balancing of the Client’s priorities. To arrive at
the appropriate procurement route and relevant PSC, the Architect/Consultant must
ask the right questions at the right time relating to design responsibilities, the most
suitable procurement methods and construction procedures.
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